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Google Responds to Authors Guild Lawsuit
Phoe6 writes "Google has responded to the Authors' Guild lawsuit of "massive copyright infringement". They point out that the Library Project is 'fully consistent with both the fair use doctrine under U.S. copyright law and the principles underlying copyright law itself, which allow everything from parodies to excerpts in book reviews.'"
No different that cataloging the internet...which they also did without the copyright owners consent.
3rd google article in two days...
a well, if you ask me there is nothing wrong with the way google does this. they do not make the entire book availible, only very small parts of it. and if I remember right, amazon has been doing the same thing too for quite some time.. they just didn't have a search engine to search through ALL the books.. you could only search in one.
The use of from...to implies it's a range. So while it's possible that it's similar to saying "integers from 1 to 2", it could also be from 1 to 100 and they're glossing over the 2 to 99 part.
Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
This is just another indication of stupid industry groups. It's not limited to commercial media, folks.
It seems like very time someone comes up with some cool thing that makes the consumer's life easier, the affected industry panicks and attempts to get the technology quashed. In this case I'd think that authors would want their material easily referenced in part, because they might actually sell copies if people need the information. Without something like this available, authors have more chance of remaining in obscurity or never having the chance to share their work with a larger audience.
Industry groups are just dumb.
Do not look into laser with remaining eye.
This is something that, in my opinion, should clearly be opt-in, not opt-out. Google makes you jump through some hoops to stop them from slurping your material. Why is the burden placed on the copyright holder? If Google wants the information, Google should do the work. Of course, the minor fiasco with opt-in with Google Video proves that Google isn't up to the task. They recognized their failing and instead of trying to correct it, they decided to reverse the direction to the disadvantage of copyright holders. I know you want to automate everything Google, but sometimes hiring a staff to do real work is necessary.
From Google, re: removing your book.
"If you're not a Google Print partner and want us to avoid your books, you'll need to provide us with a small amount of information about yourself as well as a list of the books you don't want in Google Print. Unless you specify otherwise, we'll use your information only to verify that you are indeed the copyright holder of that particular book."
But books are not.
Also, to be honest, times change. Because Web search engines existed before today's copyright madness, they've been effectively grandfathered in. Libraries are the same way; if they were invented today the Author's Guild would probably be lobbying against them.
Until you've used the Google tool, please don't post on its merits or dangers. From what I've seen using the tool it really looks to be useful for researchers and students. Claiming this is stealing from authors it completely wrong headed. If anything this is a giant electronic library card catalog tool.
Corporate America of course won't be happy until you pay a per-word usage fee for reading a library book.
Coding with assembly is like playing with Legos. Coding an application in assembly is like building a car with Legos.
If a book is out of print it is unlikely that the publisher will opt-in. In particular, if the publisher is out of business there may be no way to opt-in at all, ensuring that those works will be lost forever.
And as a practical matter, Amazon/A9 already took care of indexing the books whose publishers are willing to opt-in.
No doubt there are two problems with this: the first seems to be that authors (to the best of my knowledge) haven't been asked either piecemeal or via organizations like the Authors' Guild for permission. The second is that Google will no doubt be making money as a result of providing this service and everybody else wants a cut.
However, we have reached an unfortunate point with copyright and fair use where we'd rather halt innovation than admit that copyright holders' expectations have reached a point of making it cost- and time-prohibitive to meet their demands and are to the point of stagnating not only the public domain but technologies and services that deliver or even touch upon copyrighted content. In this sense, creating a scenario that is not unlike the movie industry's dire predictions about the VCR in the early 80s.
It would be best, of course, for Google to attempt to work out an amiable solution with authors without crippling their service to an unreasonable extent, but I feel that the intent of fair use (if not its prevailing interpretation) falls in their favor... as does the bottom-line for both Google and the membership of the Authors' Guild.
Try not. Do or do not, there is no try.
-- Dr. Spock, stardate 2822-3.
The Google index of the book must contain the entire text. This means they have reproduced a substantial portion of the work (all of it) internally.
Omnis amans amens
While I can understand some of the angst people are directing at Google, here's the real issue:
How the hell do you practically determine (let alone contact) the current copyright holder for books that have long been out of print?
Amazon hasn't faced this problem because they actually sell books. Amazon is only scanning and making searchable those books that it can obtain and sell -- and hence can contact the publisher. It's not an issue of Amazon being "honorable" and Google not.
Google is going to be rendering searchable books that you can't find on Google, or in Barnes & Noble, but only in your library, or maybe a distant university library. If they had the burden of tracking down who, if anyone, still cares about the book, it would remain lost to you. What Google is doing is simply saying, "if you care about your book, just let us know."
And then when you contact Google, proving you're actually the copyright holder isn't an onerous "hoop" you have to jump through. Frankly, I'm surprised you're complaining about it. Even the DMCA requires copyright holders to prove they hold the copyright when they issue a takedown notice.
Sorry, where I come from that's called software piracy and is definately illegal.
Not if it's the functional equivalent of a screen shot.
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As a matter of fact, I am a lawyer. But I play an actor on TV.
So "fair use" isn't avoidable -- it's part of the entire package. If you want to use the restrictions of copyright on your works, you need to allow for fair use of your works as well. You can't pick and choose.
Yes. They have. Go on and read the article linked to google's article. The Idea is that google's USE is transformative. They arent merely copying it. They are doing something with it.
Under Fair Use, the Idea is that you are allowed to copy things to DO something with it. In general the idea is that if you are copying the whole thing, then you arent doing something with the work, but are merely using the work, and dont fall into fair use. However, there are cases, where even copying of an entire work, if the use of that entire work is sufficiently transformative, is fair use.
So for instance, I am allowed to incorporate a picture of a copyrighted picture in my artwork. Evev if the picture I am using is a full copy, provided that my use is transformative. If google's use of the entire book is not to have the book, but a substantive transformation (and an index has been held to be sufficiently transformative before), then it may well be protected under Fair Use. Even if they are copying the whole thing.
No, that is NOT what Google is doing. From the referenced link:
You don't have to be a lawyer to understand that this certainly falls within Fair Use under U.S. copyright law.
"Anyone that has ever gotten an idea based on any of my work and done something better with it-good for you."--J.Carmack