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Second Google Suit Over Print Library Project

linumax writes "The Association of American Publishers, an organization of book publishers including Pearson Plc's Penguin unit and McGraw-Hill sued Google over its plan to create a digital Web library of printed books. The Association of American Publishers sued Wednesday after talks broke down with Google over copyright issues raised by the Google Print Library Project. Publishers say Google will infringe copyrights unless it gets advance permission for the scanning. The suit is the second by the publishing industry against Google's library plans and underscores the worries sparked by Google's expansion beyond Web search." From the article: "Google, which is working with five of the world's great libraries (Stanford, Harvard and Michigan university libraries, the New York Public Library and the Bodleian library in Oxford) to digitise their collections, stopped scanning copyrighted books in August after protests from publishers. However, it intends to resume its work next month."

354 comments

  1. Won't matter for long by dada21 · · Score: 4, Interesting

    We are mere months (maybe a year) away from the ability to completely scan any book and convert it accurately to text based PDF in under an hour. It will likely be F/OSS software that does it, released ostensibly to save old books in the public domain.

    When this happens, books will end up on P2P just like movies, music, porn, and images. Just as P2P helps people find interesting musicians and performers, it will help people find interesting writers and authors.

    No one can stop it. The big delay was caused by lack of available hardware to handle the intensive scanning and converting. We've seen software that can use a webcam or cellcam to scan documents quickly. This is processor performance driven. PCs aren't getting slower.

    5 huge libraries and a multibillion dollar corporation can not compete with hundreds of millions of end users volunteering a few hours a year to copy their favorite books. The entire published collection of books for the last hundred years could be online by 2007.

    Google should be embraced by publishers, not sued. Google could track interest, topically sort similar novel(list)s, and provide a great research tool and froogle-to-buy source.

    If the RIAA had iTunes before Napster, who knows where we'd be. If the MPAA embraced e-distribution at a reasonable price and quality, the same is true.

    People don't become pirates for financial reasons of theft, but of supply and demand. Hundreds of millions of BT users would rather pay $1 than waste hundreds of hours on low quality, low speed, high risk piracy.

    1. Re:Won't matter for long by MaestroSartori · · Score: 3, Informative
      We are mere months (maybe a year) away from the ability to completely scan any book and convert it accurately to text based PDF in under an hour. It will likely be F/OSS software that does it, released ostensibly to save old books in the public domain.

      When this happens, books will end up on P2P just like movies, music, porn, and images. Just as P2P helps people find interesting musicians and performers, it will help people find interesting writers and authors.


      We're already practically there. Books already appear on P2P just like all of everything else. I downloaded a book just this weekend in fact, completely infringing the copyright in the process. I don't feel a shred of guilt, however, because I can't buy the book I want here yet (hardback only, paperback release date seems to vary between some time next month up to a year away). It's the 11th book in a series, I have 1-10 sitting on the shelf, but I'm not gonna buy a completely oversized hardback to continue the series.

      So yeah, I'm guilty as sin. But who am I really hurting, since I have the cash in my pocket and am willing to exchange it for something that just doesn't exist yet? And which I 100% guaranteed *will* buy when it does?
    2. Re:Won't matter for long by Banner · · Score: 2

      Considering that writers are the least paid of all professions, this would pretty much put an end to writing professionally if what you say comes to pass. Remember that few authors make more than 20 grand a year, and that includes the majority of best selling authors as well.

      This is why publishers are against google, as well as all the authors. They already make only pennies an hour when you figure out the time it takes to write a book versus the money paid. To have to give everything away for free? That would drive the entire publishing business under.

      As I enjoy reading, I hope google is thwarted and what you are predicting never comes to pass.

      And people do pirate for financial reasons. It's because they're cheap SOBs who don't want to pay for anything. That argument by you is completely ridiculous.

    3. Re:Won't matter for long by Anonymous Coward · · Score: 1, Insightful
      People don't become pirates for financial reasons of theft, but of supply and demand.

      Same thing, dood...

    4. Re:Won't matter for long by Anonymous Coward · · Score: 0

      Haha, you read Robert Jordan...

    5. Re:Won't matter for long by P3NIS_CLEAVER · · Score: 1

      Looking at the stranglehold the publishers of scientific journals have over computerized searching I am not suprised this would happen with regular books.

      --
      Please sign petition to restore sanity to our banking system!!!

      http://financialpetition.org/
    6. Re:Won't matter for long by stillmatic · · Score: 1

      Wrong, publishers are against Google because they don't want to lose their share of the market. Authors are against piracy of their books. These two aren't the same thing, as Google is a "for profit" company.

    7. Re:Won't matter for long by slizz · · Score: 0

      Somehow I doubt that hundreds of millions of people will volunteer their time to scan books into PDF's. Also, if you believe google, books finding their way onto the web will help people find these books in order to buy them, it won't steal their business. how many people really want to read hundred page books on their computer? you can't (easily) read the computer while you're on the toilet!

    8. Re:Won't matter for long by Zarhan · · Score: 4, Funny

      It's the 11th book in a series, I have 1-10 sitting on the shelf, but I'm not gonna buy a completely oversized hardback to continue the series.

      If you are talking about Wheel of Time, I have found that it's much easier just reading the plot summaries or the stuff at book-a-minute. After all, nothing much has happened lately :). At least the number 10 is pretty darn accurate.

    9. Re:Won't matter for long by Anonymous Coward · · Score: 0

      it's already here. There are organized groups of people already doing this. Have been for years.

    10. Re:Won't matter for long by dada21 · · Score: 3, Interesting

      I get paid $450 for a 6000 word story publicly in small media formats. 6000 words taken 2-3 hours to finalize.

      I could get about 4 cents per word for some online zines, or $240 for 3 hours.

      I know many authors who make well over $50,000 per year working 25 hours a week and never selling a novel.

      Novel:Story::CD:Concert

      You make good money on stories and series, not novels.

    11. Re:Won't matter for long by Dracolytch · · Score: 1

      So, I guess you've never heard of Project Gutenberg?
      http://www.gutenberg.org/

      What you're talking about isn't very different than the army of proopfreaders that volunteer their time.

      ~D

      --
      This sig has been enciphered with a one-time pad. It could say almost anything.
    12. Re:Won't matter for long by eln · · Score: 1

      Considering that writers are the least paid of all professions, this would pretty much put an end to writing professionally if what you say comes to pass.

      That doesn't make any sense. Think about it: The vast majority of writers get paid almost nothing, and yet there are tens of thousands of people out there who want to be writers. People write for a variety of reasons, but hardly anyone writes purely to get rich. People write because they need a creative outlet, because they have a story to tell, because they want to be known, because they want people to read their stuff, and all sorts of other reasons.

      If suddenly no one had to pay for books anymore, the big name authors that are already making millions might quit, but there would be many thousands of writers waiting in the wings just dying to take their place. These are the people who already write full time, or nearly full time, and barely scrape by. They don't do it for the money, they do it because it's what they love to do.

      Besides, I don't think piracy will kill the publishing industry any more than it did the music industry. Just like the music industry, the publishing industry has an outdated business model that they're desperately trying to cling to. Eventually, they'll figure out that things have changed forever, and they'll adapt. They'll still bitch about piracy, of course, but they'll find ways to use the Internet to their advantage.

    13. Re:Won't matter for long by MooUK · · Score: 1

      The parent said exactly what I was thinking. I personally, however, bought the hardback copies of #9 and #10, so I bought #11 in hardback too. And I'm re-reading parts of it again now, after finishing it a couple days ago... Hardbacks ARE expensive, but they sometimes lok nicer on the shelf.

    14. Re:Won't matter for long by eln · · Score: 4, Funny

      the army of proopfreaders

      Unfortunately, none of them volunteer their time to Slashdot.

    15. Re:Won't matter for long by JeTmAn81 · · Score: 1

      I took a similar approach in reading the new Wheel of Time book...I don't want to pay for the hardback of a book that, if the last book is any judge, isn't worth 1/10th the price they charge, and yet...I want to see what happens in the series, and I'd buy the paperback either way. I've been listening to the audiobook version of Knife of Dreams for the last few days at work, and I'm about halfway through and so far my concerns have been validated. Almost nothing significant has happened in the last few hundred pages. Robert Jordan pisses me off.

      --
      "Me? Lady, I'm your worst nightmare -- a pumpkin with a gun."
    16. Re:Won't matter for long by ZombieRoboNinja · · Score: 1

      Important differences:

      1. Nobody wants to read books on a computer.
      2. Books are already available for free "rental" from your local public library.

      So why, exactly, would I want to spend ANY time scanning books into text files, when the result would be an inferior copy that I had to view through an inferior display, when the book is essentially free in the first place?

    17. Re:Won't matter for long by Banner · · Score: 1

      I know several best selling authors. All of them make less than 20K a year on their writing. They write novels, not articles. We're talking about novels, not articles.

    18. Re:Won't matter for long by MooUK · · Score: 1

      Not a lot happened in #10. But quite a lot happens in #11.

    19. Re:Won't matter for long by Banner · · Score: 3, Interesting

      Yes, and most of those writers suck. Look at the internet, it's full of complete crap when it comes to stories. So how do you pick out the good ones? It's simple, publishing houses don't print garbage, they print stuff that they've first vetted and feel people are willing to pay to read.

      You see, publishing houses act as a big filter, filtering out the bad stuff and making it easy to find the good stuff. There are thousands of people who want to play pro sports too. Doesn't mean they're any good at it.

    20. Re:Won't matter for long by stillmatic · · Score: 1

      I know several best selling authors. All of them make less than 20K a year on their writing. They write novels, not articles. We're talking about novels, not articles.

      And..

      You know some people getting screwed by their publishers, what does this have to do with Google? You know that Google isn't giving the books away for free right? The only reason publishers are fighting this is because they see themselves on the verge of extinction. It has nothing to do with what's good for the industry, writers or consumers.

      All the publishers are doing by dragging this out is allowing piracy to establish itself. People are going to digitally scan, copy and share books if someone isn't there to sell them.

    21. Re:Won't matter for long by grasshoppa · · Score: 1

      So yeah, I'm guilty as sin. But who am I really hurting, since I have the cash in my pocket and am willing to exchange it for something that just doesn't exist yet? And which I 100% guaranteed *will* buy when it does?

      You are justifying what you already know is wrong. If you wanted to read the book, drop the damn cash for it. It's 20 bucks at most borders, hardly enough to break you, and it's not like R Jordan doesn't deserve it.

      And the book is awsome, btw. Well worth the money.

      --
      Mod me down with all of your hatred and your journey towards the dark side will be complete!
    22. Re:Won't matter for long by rben · · Score: 1

      You are directly hurting the author by stealing his book. Just because it isn't available in the format you desire (i.e., price), doesn't give you the right to steal it. It's still theft. Authors are paid royalties based on the purchase price of the books. Hardcover books are the ones that really pay the rent, for those authors lucky enough to get into hardcover. This is exactly the same as you lifting the book off the rack at the bookstore and walking out with it.

      I'm working on a book myself, hoping to become a writer. I actually support Googles idea of scanning books in so people can find where information is located. I also think it would be a good idea to make it easier to purchase books electronically. I'm hopeful that the developments by eInk will make it possible to read books on a book-size device soon. (Something with enough contrast that you can read it in the park. It should cost less than $100, too.)

      With music, you might be able to hide behind the argument that you're only hurting the publishers who are, in turn, taking advantage of your favorite artists. You can't use that argument when you steal books, since authors are paid based on retail sales.

      I don't support any of the draconian actions taken by the RIAA or MPAA. I don't want to turn anyone into a crook with new laws. But that doesn't mean that I think it's okay for you to steal books and music online. At least with books, if enough are stolen, the writer that you love so much won't be able to afford to continue to write. Very few writers can support themselves as it is, because book prices are quite low.

      --

      -All that is gold does not glitter - Tolkien
      www.ra

    23. Re:Won't matter for long by Anonymous Coward · · Score: 0

      I downloaded a book just this weekend in fact, completely infringing the copyright in the process. I don't feel a shred of guilt,

      Let me say, sir, that you are an asshole. A thieving asshole in fact. A theiving, scumbag asshole. Someone spent time writing that book. Others spent time and money editing, printing, and marketing that book. You have stolen that book and deprived those people of thier right to make a profit.

    24. Re:Won't matter for long by timeOday · · Score: 1
      Considering that writers are the least paid of all professions, this would pretty much put an end to writing professionally if what you say comes to pass.
      Well, there is no way no-holds-barred book copying will ever become legal, so don't worry about it. But I hope there is still some way to harness the advantages of digital media - economy, searchability, and easy distribution - for all the information currently trapped in books. You might balk at the assertion that information is "trapped" in books, but the fact is most books are not available to most people. There must be a way to give everybody the advantages of access to a world-class library without destroying the livlihoods of authors. (At least really good ones... I don't think the market could ever support all the people who'd like to be professional authors).
    25. Re:Won't matter for long by D'Sphitz · · Score: 2, Insightful

      Considering that writers are the least paid of all professions, this would pretty much put an end to writing professionally if what you say comes to pass. Remember that few authors make more than 20 grand a year, and that includes the majority of best selling authors as well.

      Authors that make less than $20k/year simply don't write good books. I can't see many people jumping at the chance to read a bad book just because they can get it for free.

      This is why publishers are against google, as well as all the authors. They already make only pennies an hour when you figure out the time it takes to write a book versus the money paid. To have to give everything away for free? That would drive the entire publishing business under.

      I doubt it would have any measurable effect on the publishing business. For one, the type of people who frequent the p2p networks generally aren't the type to sit down and read a novel. For two, who wants to read a book on their computer screen or printed out on a stack of copy paper? Wow e-books are really popular aren't they? I'll pay $5.95 for a paperback, or not read the book at all, before reading it on my computer for free. Hell you'd have to pay me to read a book on my computer, and I doubt I'm the exception.

    26. Re:Won't matter for long by JeTmAn81 · · Score: 1

      If and when you become a writer, perhaps you will see fit to refrain from extorting the customer with the practice of hardback/paperback releases. If the publishing industry really cared a whit about their customers, they'd give us a choice instead of torturing us for months with a product we really want but know will definitely be produced in an edition convenient for price and size.

      --
      "Me? Lady, I'm your worst nightmare -- a pumpkin with a gun."
    27. Re:Won't matter for long by iezhy · · Score: 1

      RIAA, MPAA... AAP - why do all evil organizations have double A's in their names? :-)

    28. Re:Won't matter for long by Radres · · Score: 1

      In response to #1, I want to read books on the computer. I recently purchased the second edition of Code Complete, and would love to be able to read it while at work instead of having to wait until I get home to read it. It would be much easier to covertly be reading the book on a computer screen while programming rather than be sitting at my desk obviously reading a book. Would be much more productive than reading Slashdot.

      If e-books were freely available online, it would be advantageous for the end user to purchase a PDA to load the books on and read. All the portability advantages of a normal book, only real downside is that when the batteries run down you have to charge up to continue reading. Having the ability to load almost any book in existence on the device and being able to read it would make up for the downside.

      As for #2, I can argue that not all books are available for free rental from the library. For new releases, if they are bestsellers then you have to spend months on a waiting list to get your copy, and if they are obscure or specific to a particular field, like the latest edition of Code Complete, odds are your library doesn't have it and won't until you go in and request it. I'd feel bad making my library spend hundreds of dollars on overpriced computer books.

    29. Re:Won't matter for long by AuMatar · · Score: 1

      I bought 9 and 10 hardback too- and deeply regret it. The majority of the series is a 4/5 rating, those two barely made 2/5. Of course, I'm still buying 11 anyway- I am Robert Jordan's bitch. I have heard this one is better than the last 2, or I'd wait for paperback.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    30. Re:Won't matter for long by MaestroSartori · · Score: 1
      Let me say, sir, that you are an asshole. A thieving asshole in fact. A theiving, scumbag asshole. Someone spent time writing that book. Others spent time and money editing, printing, and marketing that book. You have stolen that book and deprived those people of thier right to make a profit.


      What did I steal? Someone else paid for the book, (scanned/ocrred/retyped/whatever), and I downloaded it. Copyright infringement, hardly the same as theft. And I've already legally purchased books 1-10, and the prequel. I'll buy 11. When it comes out in paperback. There's no reason for delaying that, and the day it's available I'll be buying/ordering it from my local non-chain bookshop. I fail to see how they're not making their profit from my actions, given that I never buy hardbacked books so it isn't even a lost sale.
    31. Re:Won't matter for long by Seumas · · Score: 2, Insightful

      He deprived people of exactly as much as he would have deprived them if he had gone to the local library and checked the book out. In both cases, full content would be consumed for the price of only the one original. So . . . Don't get all high and mighty (or in this case, trolly - but a point was there to be made in response).

    32. Re:Won't matter for long by KillerLoop · · Score: 1

      pardon? what "right of profit" are you talking about?

    33. Re:Won't matter for long by dada21 · · Score: 1

      Every contract I've seen for book publishing offered significantly higher commissions for paperback than hardcover. 50% higher. Plus paperbacks have a higher release volume, more outlets and are more available as a replacement for lost books.

      The best commissions come in reprint licensing for groups or retail direct editions (50% commissions).

      Hard cover advances can be high, but if you don't earn your advance in sales, it comes out of your paperback commissions.

    34. Re:Won't matter for long by Anonymous Coward · · Score: 0

      "People don't become pirates for financial reasons of theft, but of supply and demand."

      Bullshit. No matter how you look it, it ultimately comes down to either greed, selfishness or both on the part of the copyright infringer.

      Demanding that someone release their copyrighted works in a form acceptable to you is selfish. Demanding that they do so for a price you deem "fair" is selfish and greedy, as is obtaining it illegally when you can't get it the way that you want it.

      There's really only one non-selfish definition of fair: Turn the situation around and look at it as though you were on the other side - does it still seem fair? That is, in essence, the idea behind how to divide a pie fairly between two people: One person cuts, the other gets first choice of the pieces.

      The problem is that in the case of copyrighted materials the "pie" isn't yours in the first place. The copyright holder is permitted to cut it, and to dictate not only which piece you get, but also how much you must pay for it.

      Don't like it? Fine - don't buy it.

      And for those that point out that the above scenario isn't fair - you're absolutely correct. Sometimes life is funny that way: You don't always get what you want. Deal with it.

      I'm sick to death of the immature whinging here about copyright issues, it's pitiful.

    35. Re:Won't matter for long by Arpie · · Score: 2, Insightful

      I think the point is not books being available or not, but rather the player/ viewer.

      For music, you have your MP3 player or burn a CD -- the user experience is pretty much the same as for other music media. For movies, you can make a VCD or watch it on the computer itself, the user experience is not as good as a regular cable or satt show or DVD, but somewhat comparable. For books, though, maybe some people could use a PDA, but it's just not a comparable experience to a real book that you can carry anywhere, is easy on your eyes, doesn't need recharging, etc.

      Once there is a really good platform for reading e-books: cheap, good battery life, easy to use, great screen etc; then book piracy may be a problem.

      --
      /* TAANSTAFL */
    36. Re:Won't matter for long by Alistar · · Score: 1
      That's a dangerous generalization.

      There is plenty of crap publishing houses print and I am sure there is plenty of good stuff that doesn't.

      I'd prefer to make my own choices on what I like, not have a couple people in a big company deciding what is going to make them the most money.

    37. Re:Won't matter for long by Anonymous Coward · · Score: 0

      "torturing us"

      Wow, the lengths people will go to justify their illegal actions... you honestly consider not being able to buy a paperback when the hardcover is released "torture"?

      You REALLY need to get a life.

    38. Re:Won't matter for long by Mandrel · · Score: 1

      Given the GP's toilet reference, I think the PP just accidently extruded an appropriate new word for this hybrid concept.

    39. Re:Won't matter for long by stienman · · Score: 2, Interesting


      What the publishers are really up in arms about is losing money over new books.

      In the google blog, it was noted that at any given time only 20% of all books are in print, 20% are in the public domain. That leaves 60% that are not in print, and aren't in the public doamin.

      What Google is doing is giving people access to those books in a limited manner so they can discover the information they need in a book they couldn't easily access (out of print).

      What the publishers see is:

      Booming market for used books

      Furthermore, a lot of books are re-hashes of old subjects. A modern $120 book on metal machining may be no more useful to the user than an old $25 machine handbook made 25 years ago.

      The publisher does not get money for a used book.

      The publisher only gets money for a new sale.

      So while Google can talk all they want about giving users access, what they are really doing is helping the users, not the publishers.

      The best solution from the publisher's perspective is to have opt-in (not opt-out as currectly practised). This means the publishers would only add books that are currently in print - books they will stand to make money on - which they will remove when they go out of print or there is another volume they sell which they make more money on.

      The best solution from the customer's perspective is to have all books (no opt in or opt out) digitally transcribed and searchable. This will lead to hundreds of suitable books, most of which will be used and therefore cheaply available.

      I applaud Google's effort, and hope they win out in the end. The publishers have a valid business concern, but I don't believe it's a valid copyright concern, and I hope that Google is able to go forward with it's program as opt-out.

      -Adam

    40. Re:Won't matter for long by hempalicious · · Score: 2, Insightful
      So following that line of logic. How is it we are able to fish out the good FOSS projects from the crap? Is there a publisher telling you which ones are good? No ... the community has built its own methods (FreshMeat, etc) for deciding what is good and for making it known.

      How do teenagers know which kids in highschool are the cool kids? Are the teachers standing out in the hallways pointing them out? No ... the community has built its own methods (cliques, etc) for deciding who is popular and making them known.

      We are an adaptive people. We do not require corporations to "tell us" what is good and what isn't. In fact, lacking that infrastructure, I think we're more likely to get the legitimately good stuff to the top and weed out the junk.

    41. Re:Won't matter for long by stanmann · · Score: 1

      The only books I want on my computer(other than my "collection of crap I downloaded because it was there and I'll never read it") are reference volumes that are properly crosslinked and crossreferenced, and I will/have/will continue to HAPPILY pay for those, in order to make my studies more convienient. BUT if I am reading recreationally I want the smell and texture of book paper.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    42. Re:Won't matter for long by Anonymous Coward · · Score: 0

      "why do all evil organizations have double A's in their names?"

      It's one of those great mysteries, right up there with "Why are most of the posts made by 6-digit UID Slashdotters garbage?"

    43. Re:Won't matter for long by stanmann · · Score: 1

      So, you think that a copy of the most recent harry potter book was online in PDF in its entirety within hours of international release was an accident, a fluke, or a product of one crazy guy?

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    44. Re:Won't matter for long by dada21 · · Score: 1

      Bullshit. No matter how you look it, it ultimately comes down to either greed, selfishness or both on the part of the copyright infringer.

      Wrong. Every freely made purchase or transaction is performed by two "greedy" parties. Both sides gain something valuable. If they don't both win, the transaction neve happens.

      Demanding that someone release their copyrighted works in a form acceptable to you is selfish. Demanding that they do so for a price you deem "fair" is selfish and greedy, as is obtaining it illegally when you can't get it the way that you want it.

      Wrong again. You only have control over what you have in value to barter with. Consumers set their price for a certain level of quality and performance. Producers set their quality and performance for a certain price. When these two sides surpass the minimum desires of the other, a transaction is made.

      If an item is too expensive for the given quality and performance, no trade. If an item's quality and performance is more valuable to the producer than the consumer offers, no tradd.

      Piracy actually offers a similar price for the product 'stolen.' If you add up the cost of the PC, routing hardware, bandwidth and users' time spent, you'll see monetary cost involved. But its split among billions of users and little trickles to the original producer.

      Yet it is the producer's fault if their product doesn't profit. They took a risk that found no immediate market.

      People want books for reading. Certain books (romance) sell millions of copies for $2.99. Certain technical books sell a thousand copies at $200. In both cases, every party gained in their transaction.

      Don't like it? Fine - don't buy it.

      Exactly. Download it for free. We're transitioning to a new world of information. Just as horse shoers and gas lamp lighters had to change, so will content publishers. Good authors will always get their value, or they'll change careers. In my opinion, authors will gain more profit as publishing may transition to easier means that avoid the publishing industry's strangehold on book stores.

      People who don't have time to investigate authors and stories will always buy from Border's or Amazon. The price they ask is worth the filtering of really bad authors. The next generation may use P2P, or Amazon, or user groups, who knows.

      They'll still want paper form, for the time being. Many will want to support the author for future works, and the editor for keeping it clear the retailer for filtering the worst books.

    45. Re:Won't matter for long by zootm · · Score: 1

      This is why publishers are against google, as well as all the authors. They already make only pennies an hour when you figure out the time it takes to write a book versus the money paid. To have to give everything away for free? That would drive the entire publishing business under.

      But the system only gives small amounts out for free, helping the user search through a book while stopping them from reading the whole thing.

      As I enjoy reading, as this is clearly not an aid to piracy, as this clearly doesn't facilitate piracy, and as this will serve as an aid to the uptake and preservation of books, I hope that Google is not thwarted.

    46. Re:Won't matter for long by Oligonicella · · Score: 1

      "I'll buy 11. When it comes out in paperback."

      So you say. Until then, you've ripped off.

    47. Re:Won't matter for long by zootm · · Score: 1

      I appear to have repeated myself. Blast. This is what I get for not proof-reading things.

    48. Re:Won't matter for long by Oligonicella · · Score: 1

      That given by copyright. The author has the right to determine when and how his/her work is disseminated. Just because the poster couldn't keep his pants on until the paperback came out does not trump the author's right to determine the release of the material.

    49. Re:Won't matter for long by Oligonicella · · Score: 1

      "People are going to digitally scan, copy and share books if someone isn't there to sell them."

      Bullshit. You have it backwards. People digitally scanning and illegally distributing said materials will drive the books to extinction. Not the other way round.

    50. Re:Won't matter for long by Cerebus · · Score: 1

      It's simple, publishing houses don't print garbage,

      It's obvious you can't read, because the shelves of Barnes & Noble are chock full of obvious counterexamples.

      --
      -- Cerebus
    51. Re:Won't matter for long by Oligonicella · · Score: 1

      Then you, sir, are free to wade through the internet looking for it. What you are not free to do is scan it and illegally distribute it.

    52. Re:Won't matter for long by ghostfacehallik · · Score: 1

      Technically shouldn't a person be able to go to any library and get any publication for free??

    53. Re:Won't matter for long by bluGill · · Score: 1

      I quit reading the whole think after about book 6. At point it became clear that the books were not going anywhere, because there was no plot.

      I'm not sure what to call it, but plot summary is not correct for what you are reading. Maybe happenings summary?

      I read a lot of books, and I'm always looking for more. Some books are not worth the effort of reading though.

    54. Re:Won't matter for long by Oligonicella · · Score: 1

      If Google is wholesale copying copyrighted books, that is piracy in and of itself. Google is not a library, they are a corporation out to make money.

    55. Re:Won't matter for long by Oligonicella · · Score: 1

      Ah, you defeat your own argument. The scientists are now publishing directly to the web themselves. If an author wishes to do so, fine. To force them to do so shows no respect at all for their authorship.

    56. Re:Won't matter for long by Oligonicella · · Score: 1

      "For new releases, if they are bestsellers then you have to spend months on a waiting list to get your copy, and if they are obscure or specific to a particular field, like the latest edition of Code Complete, odds are your library doesn't have it and won't until you go in and request it."

      This makes them not free how? Please be specific.

    57. Re:Won't matter for long by stillmatic · · Score: 2, Funny

      Bullshit. You have it backwards. People digitally scanning and illegally distributing said materials will drive the books to extinction. Not the other way round.

      People digitally scanning and illegally distributing said materials will drive the music to extinction.

      Nuff said.

    58. Re:Won't matter for long by zootm · · Score: 1

      Every use of a computer creates a copy — this is essentially an extension of personal use to that of a corporation. I would hope that their staff are not allowed to see all of the scanned information at once (at least not allowed access to it to copy away), but I don't see that as infringement. The only parts actually being published (which is what should be the benchmark for copying and fair use, after all) are excerpts — just like one would expect to find in a book review, and just like the material covered sepcifically by the Fair Use provisions of US law (and similar provisions elsewhere). Google is also wholesale copying websites and the like to their servers, and they offer an opt-out clause of this too — I don't think there's any convincing reason why the situations should be viewed differently, particularly since Google offers a lot less of the scanned books to the public.

      If the publishers are unhappy, they should opt out. This lawsuit, if successful, will do nothing to help them that they can't do themselves (stopping Google scanning their books, and will harm what is an incredible opportunity for archiving and increasing the accessibility of books.

    59. Re:Won't matter for long by Oligonicella · · Score: 1

      1st "wrong". It's you, not he. Not statement about the author not being "greedy" (if wanting recompense is greed). Only the infringer is attempting to get something for nothing.

      2nd "wrong". You again. You're stretching to justify infringement. Getting something for nothing is avoiding the barter. No transaction, just pilfering.

      "If you add up the cost of the PC, routing hardware, bandwidth and users' time spent, you'll see monetary cost involved. But its split among billions of users and little trickles to the original producer."

      Puh-fucking-lease. Like the theif having bought his car makes robbing the grocery story any less immoral. By the way, none of it trickles to the author.

      "Exactly. Download it for free."

      So, you're actually promoting and condoning immoral and illegal activity? The author (you know, like you, the one who wants to make money for their novel) did not put it on the net, an infringer did. So, since you've now told everyone here you've written said novel, it would be OK if someone rummaged around your house during a party, took a copy and P2P'd it without your permission? Yes?

      As for the rest of your post, you can justify your views if you take my proposition up and P2P it free first, then see how much you'll make afterward. Anything else shows your true color.

    60. Re:Won't matter for long by Oligonicella · · Score: 1

      In all your ranting you seem to have avoided the violating of the author's rights.

    61. Re:Won't matter for long by P3NIS_CLEAVER · · Score: 2, Informative

      What planet are you on? 98% of what gets published still goes through journals.

      --
      Please sign petition to restore sanity to our banking system!!!

      http://financialpetition.org/
    62. Re:Won't matter for long by Create+an+Account · · Score: 1

      What does "...I've already legally purchased books 1-10, and the prequel," have to do with your behavior regarding the next book?

    63. Re:Won't matter for long by stienman · · Score: 1

      The author typically gives up most rights to the publisher.

      Perhaps you have more insight into author's rights?

      -Adam

    64. Re:Won't matter for long by dada21 · · Score: 1

      I'm not advocating piracy, I'm pretending to be the new free market.

      I have always released my publications freely. I can pre-lease my novel online first as I lose the ability to sell first release rights. I'll make $10-$40k the first year (more if I simultaneously release it freely online).

      I currently co-own the rights to 2 Indie Rock songs I helped write. The band refused a major label contract, twice. The songs are freely available on myspace, purevolume and maybe BT. I get paid 5% of every album sold (I pay 5% of all marketing and publishing costs) and 2% of every concert income. Maybe $1900 in 18 months.

      If they signed with a major label I bet I'd get zilch.

      I'm embracing the web as a marketing form. I always state of my sites and blogs (and books and CDs) to go and buy the legit product if you want to see more. Many 'pirates' do.

      I'll continue to embrace the free formats, even if I lose both book offers for now. That's $10K-$40K I'm throwing away supporting my effort.

    65. Re:Won't matter for long by MaestroSartori · · Score: 1

      Wouldn't you say that someone who buys the first ten books of a series is likely to buy the next one? ;)

    66. Re:Won't matter for long by TedCheshireAcad · · Score: 1

      The problem with scientific journals is that the work submitted is peer reviewed, which costs money. It is expensive to add legitimacy to a paper - so it's expensive to access the paper. Book publishers, however, have no such excuse. The only costs they incur is the printing/distribution/advertising. To them I say, Welcome to the internet, I hope you enjoy your stay.

      Of course, if you're like me, you just look up the paper on CiteSeer and e-mail the author and ask for a preprint PDF.

    67. Re:Won't matter for long by AlterTick · · Score: 1
      So, you're actually promoting and condoning immoral and illegal activity?

      Cripes, quit being such a troll. You can't equate morality with legality. It seems like every third post here is an interjection by you of "that's illegal" and nothing more. Copyright is essentially a gift, a favor bestowed upon authors and creators in exchange for encouraging enrichment of the public domain. For the vast majority of the history of literacy there has been no copyright protection. To claim that any behavior in opposition to or demands for alteration of copyright law as it currently stands simply because that's how the law currently stands flies in the face of history.

      --
      Conclusion: the Empire squashes the Federation like a bug. Accept it.
    68. Re:Won't matter for long by charlie763 · · Score: 1

      "publishing houses don't print garbag"

      I thought the christian bible is the most widely printed text.

      Is that bush flaming or is it just this post? Bah-zing!

      --
      Welcome to the land of the free...pay toll ahead...no photography...please open your bag...
    69. Re:Won't matter for long by belroth · · Score: 1

      You could try a service like books24x7 - it doesn't look cheap at $399 a year for an 'ITPro' but I have a corporate sub at work which I can use at home. It's pretty good.
      Then there's safari from o'reilly. which starts at $180 a year. The O'Reilly service is limited to the number of books you can have available at once and how often they can be changed. With books24x7 you have access to all the books at once. I don't know which has a better range - I suspect O'Reilly has a slightly better range but I like the flexibility of books24x7.

      --
      I hereby inform you that I have NOT been required to provide any decryption keys.
    70. Re:Won't matter for long by Anonymous Coward · · Score: 0

      Books are an entirely different product than music. Music CDs are inherently worthless. The only value they have is the ability to listen to the music on them. Its the digital information on the CD that is valuable. Books in contrast do have value. Very few people are willing to read an entire book on a computer screen or print it out on their home computer. In that sense the book has value, because a book is the most convienent way to access the information contained in it. Moreover, books have historic and sentimental value that CDs don't. You never see anyone collecting first edition CDs.

      Becuase of this, the publishing industry is nuts to fight google. The information avaiable on the internet will never be as valuable or take the place of the printed book. Moreover, there is such a thing called Say's Law which says that supply will create demand. The problem is one of information. There are lots of books which would be interesting to some people but are out of print and lost in the back shelves of libraries waiting to be rediscovered. Once they are scanned and available on Google, all the publishing houses have to do is be ready to do small runs for books that are discovered and which people want to buy. This demand will be created by the existing supply of books and the public's access to it. For example, I buy a lot more books now than I did in the pre-Amazon days because Amazon alerts me to the existence of books I would not otherwise have known were published. Google offers the potential to do this not just on new releases but the entire catalog of books. Who knows what authors are waiting to be rediscovered by the public if only their works are given the chance to see the light of day. The publishing houses are being short sided and greedy and killing what should be a golden goose.

    71. Re:Won't matter for long by budgenator · · Score: 1

      And when Google says something like "We scan the books to make a Digital Archive and store it on our computers as a service to the Five Great Libraries, and for consideration the libaries allow us to index the books scanned, and present a short excerpt of the book with the relevent search terms displayed" the illegal arguement becomes much less clear cut under the fair use doctrineEspecialy since the law directs the courts to look at the economic impact of the use involves and considering that Google scans for free, indexes for free, and will include a free links to the right's holder's website for purchases for free; the opposing parties are going to sound like a whiney bunch of three year olds.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    72. Re:Won't matter for long by budgenator · · Score: 1

      OPT-OUT the clowns in the publishing business can't opt-out because they neither know what they own nor have the ability to figure it out. an incredible opportunity for archiving surely you jest, book publishers shred more books than they sell. Most of the books I buy were on their last-chance before the shredder. Actualy I wish I were a writer, Google has just presented me with a business plan where 2/3rds of the painfull overhead like market/advertising is provided for free.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    73. Re:Won't matter for long by orac2 · · Score: 1

      How is it we are able to fish out the good FOSS projects from the crap?

      Whether or not something compiles is a pretty good first order filter. In publishing though, if you can put words on a piece of paper -- however poorly spelled, grammatically incorrect, or non-sensical -- you look just like James Joyce until a human being sits down and reads it. Software and literature are not equivalent, and so the analogy fails.

      --
      "Just once, I'd like to meet an alien menace that wasn't immune to bullets." -- The Brigadier, Dr. Who
    74. Re:Won't matter for long by orac2 · · Score: 1

      Book publishers, however, have no such excuse. The only costs they incur is the printing/distribution/advertising.

      For a vanity publisher this is usually the case. However, for any publisher who is competing for, e.g., space on retail shelves this is not true because their reputation with retailers is vital to getting those retailers to gamble on ordering their next book. Non-vanity publishing is typically a year-long process: manuscripts are selected by editors from a large pile of submissions. Then manuscripts are edited (and re-edited and...), copy edited, and laid out. Many non-fiction books are peer-reviewed, and controversial books often involve legal advice -- even something like a cook book typically requires that the publisher hires someone to make and test all the recipies. Cover art must be commissioned. And so on. To say that the average book publisher's only costs are "printing/distribution/advertising" are the words of someone who simply does not know what they're talking about.

      --
      "Just once, I'd like to meet an alien menace that wasn't immune to bullets." -- The Brigadier, Dr. Who
    75. Re:Won't matter for long by TedCheshireAcad · · Score: 1

      ...are the words of someone who simply does not know what they're talking about.

      Thanks for the input, but why are you being so hostile?

    76. Re:Won't matter for long by lostjay888 · · Score: 1

      Have you read "Eragon" or "Eldest" by any chance? The quality of these "novels" are about on par with most of the stories on fanfiction.net with the Mary Sue manner of its main characters and the elf fapping running amok.

    77. Re:Won't matter for long by orac2 · · Score: 1

      Because I work in publishing (albeit at the magazine end), and I'm tired of having my and my colleagues' work at best disregarded as trivial, irrelevant, non-existant or at worst portrayed as the actions of parasites routinely on /. This is usually as part of a justification process for disregarding copyrights that people would prefer didn't exist (much as I'm sure some software companies wish they could ignore the copyright on F/OSS), or the basis of some superficial vision of an Internet-driven info-utopia were there are no middle men or woman (i.e. editors or librarians). Most publishers add considerable value, both in improving authors' work and in selecting that work in first place.

      I'm sorry for going off on you, but I'd just seen the trope of "publishers do nothing but inflate the cost of others' work" once too often.

      --
      "Just once, I'd like to meet an alien menace that wasn't immune to bullets." -- The Brigadier, Dr. Who
    78. Re:Won't matter for long by bob+frost · · Score: 1
      Wrong. Google Print does far more than scan and post. Perhaps the most compelling aspect of the project is the massive effort at indexing. In addition, relying on the catch-as-catch can dynamic of p2p will result in a large concentration of material toward the center of the normal curve of content sought and will exclude the tails--the rarely-used yet valuable material for which libraries of the Stanford/Michigan/etc type are famous.

      Think of what you see for music in p2p: lots of "popular" material, but not much of the more obscure stuff--unless you happen to look when it's posted. Don't underestimate the vast difference in value-added between Google Print and p2p. They don't even come close.

    79. Re:Won't matter for long by ebyrob · · Score: 1

      Actually... I always thought the hard/paperback release cycle was copyright at it's best. Make it available at a premium initially, then when those who want it bad enough to pay the premium have had their run, make it available more cheaply for those who don't care enough to put up the cash. Later, make an even cheaper *anthology* and finally, when the copyright expires the work becomes a free part of the collective knowledge of our species.

      At least, that's how I always thought it was supposed to work. And the great thing was, everyone got what they wanted and no one got hurt... What a great compromise.

      Of course, if you really *prefer* paperback, I guess you'd rather pay the premium and get the cheaper format anyways... That is an inconvenience.

    80. Re:Won't matter for long by Buran · · Score: 1

      The planet where scientists can and do fund their own publishing so that access is open to all.

      Public Library of Science

    81. Re:Won't matter for long by P3NIS_CLEAVER · · Score: 1

      'Scientists' are a pretty broad group. I am a chemist, and there is very few useful free journals on the web.

      plos.org looks like a pretty good effort for biologists and health scientists.

      --
      Please sign petition to restore sanity to our banking system!!!

      http://financialpetition.org/
    82. Re:Won't matter for long by Buran · · Score: 1

      PLoS started out there (I work at a medical school in one of the research labs) but is expanding all the time. I wouldn't be surprised if chemical journals are added in the future. It hasn't been around that long.

      My dad's a chemist, too -- he does nuclear chemistry research and teaching.

  2. So...... by hcob$ · · Score: 2, Insightful

    One of the bigges online collections of data will be violating copywrights by copying information provided by libraries...

    Guess we need to outlaw coppiers in libraries...

    --
    Cliff Claven
    K.E.G. Party Chairman
    Founding Leader of: Koncerned for Egalitarin Governance
    1. Re:So...... by Iriel · · Score: 1

      The issue isn't so simple. How many copies can you make in an hour? Hell, how many copies can you make on a library copier in a day? Take that number and you could distribute an exponentially greater number of copies digitally. God forbid you torrent share a book.

      The level to which the copying can be taken and purposely distributed without consent is vastly different when it becomes digital.

      --
      Perfecting Discordia
      www.stevenvansickle.com
    2. Re:So...... by hcob$ · · Score: 1
      The level to which the copying can be taken and purposely distributed without consent is vastly different when it becomes digital.

      And here I thought copyright laws were to protect all rights of the creator regardless of the infraction... no the level to wich that infingment occurs.

      Don't misunderstand my tone, I understand your point. But copyright laws are about each infraction, not the number of times and scale of the infraction.
      --
      Cliff Claven
      K.E.G. Party Chairman
      Founding Leader of: Koncerned for Egalitarin Governance
    3. Re:So...... by Iriel · · Score: 1

      Well to clarify things a little better, libraries are given books on the basis that they can be read either in the library itself or on loan, but they are not to be copied in their entirety. Any librarian doing thier job would stop someone from using the copier to replicate an entire book. Copiers are provided, usually as a service for educational, research purposes, and they're to be used to copy a few pages rather than a whole chapter. Even if someone were able to copy an entire book in the library or at home, the point behind these lawsuits is that Google is doing all of that work for us. Honestly, how many books can you scan by yourself in one day?

      While it is possible to check out a book and scan it in overnight, most people (even with OCR-enabled scanners) can't reliably commit any kind of real infringment without sacrificing more time than it was worth (OCR still takes a lot of checking and correctig). Here's Google doing all the dirty work for us, and all we have to do is spread their evil seed, so to speak.

      --
      Perfecting Discordia
      www.stevenvansickle.com
  3. Unstoppable by pureseth · · Score: 0, Redundant

    Google isn't going to stop the project, there may be many suits filed against them from now until the project is finished, but Google with get through every single one.

    --
    Add me as a friend!
  4. bad idea by Anonymous Coward · · Score: 0

    Think the publishers are very short sighted..

    I had a long trip recently and having moved to Belgium I wanted a book for the flights. A search for Flanders Fields and an order from Amazon got me two really interesting books I would never otherwise have found. Keep up the good work google (and stuff the big publishers.. small independant ones will love it I'm sure)

  5. A Pyrrhic victory by Anonymous Coward · · Score: 2, Insightful
    I'll be very surprised if Google win, and when they lose they'll move to an opt-in system. And the publishers who don't join will soon realise the mistake they've made and join anyway. Or haemorrhage authors to publishers who allow their books to be found.

    This is a monumental waste of money.

    1. Re:A Pyrrhic victory by Anonymous Coward · · Score: 0

      I'm an editor at one of the companies involved in this suit. I have over 300 of my books in Google Print, which we provided digital files to Google for, and am *very* pleased with the response from users and the relationship with Google. However, we opted into the program with these books. All this suit is about is Google making the library project opt-out. We're adding books every day to Google Print, but this is the copyright holders decision, not Google's.

    2. Re:A Pyrrhic victory by 99BottlesOfBeerInMyF · · Score: 1

      I'll be very surprised if Google win, and when they lose they'll move to an opt-in system.

      I won't be. Read the case law on why images.google.com is allowed to copy and store entire copyrighted works. The long and short of it is because although they copy the whole works, they don't use them themselves and they only provide excerpts to end users. (Actually they meet all 4 criteria for fair use).

      If they move to an opt in system the majority of works will not be available and preserved for future generations since most copyright holders don't even know they are such and don't care. Humanity will lose a great opportunity to do what the Library of Congress should have started ten years ago, that is archive all works for future generations so knowledge is not destroyed. Any one who doubts that copyright laws are no longer "promoting useful arts and sciences" is trying really hard to ignore reality.

  6. How is this different from a library? by Mister+White · · Score: 2

    I mean, just because it's online, it's not something of a 'public library'? How so? Do libraries have to get permission from every single publisher of every single piece of media they release? I think not. Why? Because they're not using the content in their own works. THAT is where infringement would be applicable. In Google's case, you're purely and simply going to see the content of the book, including copyrights and credits. So, again, how is this different from a library? I'd say they're very much in the clear here.

    --
    "Crime fighters fight crime. Fire fighters fight fire. What do freedom fighters fight?" -George Carlin
    1. Re:How is this different from a library? by Anonymous Coward · · Score: 0

      It's actually pretty obvious but I'm not surprised that you slashdotters don't get it. Say you want to look for a particular book. You go check your public library and it's not there. What's your next course of action? Most likely you're going to try to purchase the book. (For you slow slashdotters, this is where the publisher of the book makes a profit) What sense does it make for a publisher to allow someone as prominent as Google to put a copy of a book up on the web for any and all to see at no cost? So now instead of selling a copy of the book to 5 million people, they sell one copy to Google and the whole world gets it for free.

      I, for one, hope Google loses.

    2. Re:How is this different from a library? by happyfrogcow · · Score: 1

      Well, when you borrow a book from a library you aren't making a copy of it. Digital media is easily copied. If the copyright owner doesn't grant you permission to make a copy then it's copyright violation. How is this difficult to understand? As someone previously mentioned, and I hold the same opinion, Google is going about this the wrong way. Google is saying that the publishers need to contact Google if they don't want their works online in full. That is just rediculous... Google pulling an "opt-out" scam? If Google wants to do this, it should be an "opt-in" thing.

      Do no evil, Google. And understand that your definition of evil is not the same as everyone elses...

    3. Re:How is this different from a library? by Anonymous Coward · · Score: 0

      If you weren't quite as stupid as you obviously are, you'd know that your analogy makes absolutely no sense. First off, the libraries have to BUY THE BOOKS that they lend out, which means that the publishers get their money per book. In contrast, Google would only need to scan a book once to deliver it to however many people they please, however many times they please, at whatever fee they feel like setting. The publishing companies would probably wind up getting a cut, but nothing near the amount they'd get from selling hard-cover books.

      Secondly, the mode of delivery is different, and this is likely what they have a problem with. Yes, it's possible for someone to scan every page of a book and keep a PDF of it themselves. It's also possible for someone to transcribe the whole book themselves into a text file, or photocopy it, or what have you. Notice that although this isn't possible, there aren't any university book publishers going out of business? People just aren't doing it. With Google's plan, the tedious work is already done. Theoretically it could wind up being quite easy for any random web visitor to grab a book for free, pre-scanned, and then hold onto a copy themselves. If there's a charge required someone will just sign up for an account and give it out on IRC or what have you (this happens with Cedega already). If there's some sort of DRM on the files themselves, well...we all know how effective that is.

      Really, try thinking about what you post before you post it. Your point is completely irrelevant.

    4. Re:How is this different from a library? by Anonymous Coward · · Score: 0

      You are right for the most part, except libraries do not receive money (as far as I know) from advertisements.

      I think what google is doing is a great idea, maybe they could give some of the money they receive from paid advertising to the publishers/authors to smooth things over.

      just my 2 cents.

    5. Re:How is this different from a library? by GreenPhreak · · Score: 4, Informative

      What no one seems to understand here is that just because Google is scanning all of these books, the end-user can NOT see all of the text of a given book. Unlike the online information that Google indexs, where one can search and then connect to the full webpage of any search hits, the library project will only make available the search quotation and the sentence or so around it for context.

      For example, if I were to look up: "JubJub Bird", it would return something like this:

      -----------
      Jabberwocky, Lewis Carroll (from Through the Looking-Glass and What Alice Found There, 1872)
      "Beware the Jabberwock, my son! The jaws that bite, the claws that catch! Beware the Jubjub bird, and shun the frumious Bandersnatch!"
      -----------

      Now is this giving away the entire contents of this copyrighted work? No. It is merely giving the searcher a hint of where to look for more information. In order to give away all of the information in a copyrighted text, one would have to know exactly what to search in sentence after sentence of that text. So it really isn't giving away anything. It most assuredly isn't giving away more information that Amazon.com does when you can open up the book and look at a few sample pages.

      In the same way that Google offers a searchable catalog of online web information, it will now offer a super-catalog search for library contents. I, for one, think that this will be an invaluable resource for anyone who does academic research, or a person who merely wants to know all of the references on a particular subject and relevant resources. Have some forsight, publishers of the world! This will only increase your profits when people purchase relevant texts to their interests.

                                                                                    greenphreak

      --
      I drink to prepare for a fight; tonight I'm very prepared. -Soda Popinksi
    6. Re:How is this different from a library? by Anonymous Coward · · Score: 0

      I don't know about you, but I check my local library first. If it's not there, I hop on their Library Catalog and do a search for it. If I find it (which is often) I do what's called an "inter-library loan".

      A couple of days later the book arrives and I get called. Magic!

    7. Re:How is this different from a library? by JasonKChapman · · Score: 1
      Do libraries have to get permission from every single publisher of every single piece of media they release?

      In a sense, yes. They have to buy (or have donated) every book. Those books are then available to be read or checked out by one person at a time. If the library wants to loan one title to 1,000 people simultaneously, they have to have 1,000 copies on the shelf--a thousand copies that someone bought and paid for. Publishers and book distributors often have staff members whose job is to do nothing but library sales.

      --
      Sorry, I'm a writer. That makes you raw material.
    8. Re:How is this different from a library? by D'Sphitz · · Score: 1

      The bookstore is missing what i'm looking for more often than the library is. There aren't many bookstores that are bigger than the typical big city public library.

    9. Re:How is this different from a library? by Anonymous Coward · · Score: 0

      And you don't seem to understand that the end does not justify the means.
      Useful? Maybe, but Google has no right to do so and is going about building the system in the wrong way (i.e. auto opt-in).

      "the end-user can NOT see all of the text"

      Right. Just like your online bank information is completely secure. Advertisers "cannot" sell your or re-distribute your information to others, etc.
      Regardless of what "restrictions" are placed on the data that does not mean it was obtained in the correct manner or even that those "restrictions" will always ensure what they are supposed to.

      "In the same way that Google offers a searchable catalog of online web information"

      Web postings can be considered public information; copyrighted works are another thing...

      Please understand that this is a corporation doing something that directly effects their bottom line, not some non-profit organization who is interested in the public good.

    10. Re:How is this different from a library? by Anonymous Coward · · Score: 0

      No one buys from bookstores anymore. The average American will more likely buy a book off of the internet than drive to a bookstore. But the same principle applies. Publishers want you to buy the book. That's why they don't like what Google is doing.

    11. Re:How is this different from a library? by Anonymous Coward · · Score: 0

      The publishers involved in this suit have already contributed thousands of books to Google Print. We did this willingly and full of excitement about the attention Google will bring to our products. The *only* difference is that Google Print is an opt-in program (and one that publishers have embraced whole heartedly, just as we did Amazon Search Inside the Book and a9), while the library project is opt-out. Publishers are already working with Yahoo! on a similar library project, but which is opt-in, permitting publishers and authors the chance to decide which works to add to the program and which to exclude for various reasons.

    12. Re:How is this different from a library? by zootm · · Score: 1

      Digital media is also different from normal media in that every use of it requires copying. Opt-in ruins provision of material where the creator either doesn't hear about the scheme or is unavailable to opt in. Google's plan is only to allow access to small sections of the text at once — the phrase "online in full" is misleading in this way. It will not be possible to just download a whole book from Google (with the exception of public domain books), you can simply get relevant excerpts from the book.

    13. Re:How is this different from a library? by julesh · · Score: 1

      And you don't seem to understand that the end does not justify the means.

      Actually, in terms of copyright law and fair use, they pretty much do. Look up some case history, if you don't believe me. People are allowed to make complete copies of copyright works in many situations that would otherwise be prevented by the law because a court thought that the reason they had for making them was a reasonable way of using the work. If a court thinks that Google's use of these books is reasonable, then what they're doing is legal.

      Right. Just like your online bank information is completely secure.

      If I could bank with Google, I'd trust it to be secure.

      As it is, I'm confident that there are much more serious threats to my security than the possibility of somebody obtaining access to my internet banking account. I'm much more likely to be mugged in the street and have my credit cards stolen, for instance.

      Web postings can be considered public information; copyrighted works are another thing...

      The copyright laws that protect books are exactly the same as the copyright laws that protect web pages. There is no difference between the two, legally speaking.

    14. Re:How is this different from a library? by westlake · · Score: 1
      I mean, just because it's online, it's not something of a 'public library'? How so? Do libraries have to get permission from every single publisher of every single piece of media they release? I think not.

      Libraries don't "release" anything. They purchase books for short-term loan to their patrons.

      Popular titles can disintegrate in weeks unless custom-bound, but, realistically, most books will never see more than a handful of readers.

    15. Re:How is this different from a library? by Anonymous Coward · · Score: 0

      Actually, you can search for the page numbers, and find sequential pages quite easily.

  7. Who cares? by casualsax3 · · Score: 3, Funny

    Books are so 20th century. It it's not made of pixels I won't look at it.

    1. Re:Who cares? by Infinityis · · Score: 1

      You, sir, would love the Hot Coffee mod...

      Of course, with a name like casualsax3, I suppose it's safe to assume you're familiar with it.

    2. Re:Who cares? by casualsax3 · · Score: 0

      Tennor sax player :)

    3. Re:Who cares? by Anonymous Coward · · Score: 0

      Hint: It's spelled "tenor".

  8. hwah?, Pat Schroeder on point? by yagu · · Score: 5, Insightful

    I once almost collided with Pat Schroeder crossing the street in downtown Denver. Maybe I should have (we were both on foot, btw).

    I'm surprised Pat Schroeder is involved with or leading the charge in attempts to throttle Google. She offers tepid reasoning (probably not enough prep time spent with handlers) (from the article) :

    • if Google can make digital copies of the books, ANYONE can make digital copies. (duh). So, exactly what it the concern about this? I haven't heard of any pirating of books. And, people have been making copies of books forever. Guess what?, copying a book would far EXCEED the cost of buying one!
    • She argued that Google's plan to have libraries scan the full text of books goes far beyond the analogy of creating a digital version of a card catalogue, pointing out that "If Google wants a card catalogue they can scan the book's front page for full bibliographic data."

      She's right! This does go far beyond creating a digital version of a card catalog! Google's super-sized revved up digital card catalog qualifies as a godsend to the publishing industry.

    The ability to do Google indexed book searches will spur reading, and sales, not muffle it. How many slashdot readers have been thankful for the Amazon.com feature of letting you peek inside their books? Many times this has been the feature giving me the final nudge to buy (though there also have been times where that nudged me the other direction).

    When people start "discovering" books with Google's book searches, the very worst thing that would happen would be that people would be briefly exposed to books they otherwise might not have. But for "searchers" who find an interesting book, they won't be ripping the publishers off by printing (stealing) or downloading (stealing) these books, since Google isn't offering that as an option.

    And assuming for the moment some figure out how to download a copy, they're left with a book on their computer... not convenient to read (e-books, still on respirator), and way too expensive to print (and aesthetically "not a book").

    So, the most likely result would be a library visit, or purchase.

    Come on Pat!, think again.

    1. Re:hwah?, Pat Schroeder on point? by Phanatic1a · · Score: 2, Informative
      I'm surprised Pat Schroeder is involved with or leading the charge in attempts to throttle Google.

      I'm not. Pat Scroeder:Book Publishers::Hillary Rosen:RIAA::Jack Valenti:MPAA.

      Okay, Hillary and Jack both stepped down, but you know what I mean. All three of them are shills/whores for their respective employers/pimps.

      I mean, this article goes back to 2001:

      Schroeder is president of the Washington- and New York-based Association of American Publishers, sponsor of the event. Like a nurturing shepherd, she moves gently among her flock. But when she talks about threats to the group, she stiffens her back.

      And who, you might be wondering, is giving Schroeder and her publishers such afright?

      Librarians, of course.

      No joke. Of all the dangerous and dot-complex problems that American publishers face in the near future -- economic downturns, competition for leisure time, piracy -- perhaps the most explosive one could be libraries. Publishers and librarians are squaring off for a battle royal over the way electronic books and journals are lent out from libraries and over what constitutes fair use of written material.

      Grossly oversimplified: Publishers want to charge people to read material; librarians want to give it away.

      "We," says Schroeder, "have a very serious issue with librarians."


      Make no mistake: these folks are every bit as interested in demolishing both Fair Use and First Sale as the recording and movie industries are.
    2. Re:hwah?, Pat Schroeder on point? by Kismet · · Score: 1

      When people start "discovering" books with Google's book searches, the very worst thing that would happen would be that people would be briefly exposed to books they otherwise might not have. But for "searchers" who find an interesting book, they won't be ripping the publishers off by printing (stealing) or downloading (stealing) these books, since Google isn't offering that as an option.

      I think you nailed it on the head. What would happen if people started thinking about books - even reading parts of them - before they buy them? For that matter, what might happen if people used informed judgment before buying anything? That's why we have laws like the DMCA - so that consumers know as little about the product as possible, and so that what they are told can be carefully crafted by the marketing and PR department of those primarily interested. If people suddenly have the means to examine these products objectively, then what could happen? They might not buy the products. Such a thing poses a threat to our highly managed consumer economy.

      It seems like public libraries had to fight some of these same battles. Literate people are dangerous.

    3. Re:hwah?, Pat Schroeder on point? by Jerry+Coffin · · Score: 1
      I once almost collided with Pat Schroeder crossing the street in downtown Denver. Maybe I should have (we were both on foot, btw).

      The idea of colliding with Pat Scrhoeder suddenly made me realize that maybe there really IS a good reason for huge SUVs after all.

      I'm surprised Pat Schroeder is involved with or leading the charge in attempts to throttle Google. She offers tepid reasoning (probably not enough prep time spent with handlers)

      I find this about as surprising as the sun coming up in the morning. Pat's primary use in life (IMO) has always been that her full and undying support has been available to the highest bidder, so it's easy to for onlookers to see where the money is.

      Of course having said that I'll probably be banned from the People's Republic of Boulder for a while, but such is life sometimes... :-)

      --
      The universe is a figment of its own imagination.

      --
      The universe is a figment of its own imagination.
    4. Re:hwah?, Pat Schroeder on point? by bcrowell · · Score: 1
      Your arguments are all pretty logical, and the publishing industry should listen to them. But the problem is that the law is what it is, regardless of whether the publishing industry is foolish to try so hard to enforce it. Sorry, but what Google is doing is clearly illegal. They need to make it opt-in for books that are still under copyright.

      Guess what?, copying a book would far EXCEED the cost of buying one!
      In some cases that's true, but not in others. It's not true in the textbook market, where an 800-page black and white book typically costs about $80; that's way more than what it would cost to produce it on a laser printer, which would be more like $20-40 (depending on how efficient your setup is). I've actually published some physics textbooks that are also free online in PDF format. I've priced them a lot lower than the customary price of textbooks, so that the store-bought copies are about the same price as DIY printing. That makes the books about half the price compared to the competition (although it's an apples and oranges comparison, because my books are black and white, which lowers production costs, but I'm doing shorter runs than the big publishers, which raises production costs).

    5. Re:hwah?, Pat Schroeder on point? by burris · · Score: 1
      if Google can make digital copies of the books, ANYONE can make digital copies. (duh). So, exactly what it the concern about this?


      What is the concern? Making copies of a work is the exclusive right of the Copyright holder. Google is infringinging on the rights of AAP members. That's why they are suing. That piracy of books isn't widespread or is more expensive than an official copy is irrelevant.


      She's right! This does go far beyond creating a digital version of a card catalog! Google's super-sized revved up digital card catalog qualifies as a godsend to the publishing industry.


      If Google's product is such a godsend to the publishing industry, they should have no problem getting permission to make copies of books from the rights holders. Until then, the AAP believes that Google is infringing.

    6. Re:hwah?, Pat Schroeder on point? by real_bassman · · Score: 0

      OK, so the publishers are saying they don't want the books indexed because it may violate copyright laws? Doesn't that mean indexing say, a blog, violates the same laws, as a blog is often a literary work?

      Imagine if web publishers did this! Most of them would soon be out of business!

      I know books aren't quite the same as websites, but it's the "I don't want you to index my stuff because of copyright" principle I'm getting at.

      Well, just my 2P!

    7. Re:hwah?, Pat Schroeder on point? by dantheman82 · · Score: 1

      I'd say Pat Schroeder's perspective on this all is more dangerous than the others (RIAA/MPAA), and thus not completely comparable. For the most part, once you buy your overpriced CD/DVD, you can lend it to a friend and they can play it and so on as they wish. Now, once you buy your overpriced book from a publishing house, you can also lend it to a friend. However, she wants you not to be able to give it to a library so it can be lent to strangers or anyone. We're not talking about making copies, just borrowing the freakin' book! And unlike the CD, where you can oftentimes preview each track online, you can't always do that so easily with a book (except for something like Google Print or Amazon's growing preview section).

      The great thing about Libraries is that they break down the elitist mindset of some booksellers who price a (usually hardcover) book at a ridiculous cost for something you have hardly even seen or "sampled". You can actually borrow the book for 3 weeks, do your research or reading of the latest best seller, and it costs you nothing! Furthermore, libraries go a LONG way in breaking down socio-economic barriers to success since they often provide free Internet access and a ton of books on loan so those who can't afford the high-priced information can now access it. Of course a successful library system means that the onus is on the publisher to come up with good literature so that people will actually want their own purchased copy...but apparently that's too much to ask for some publishers.

      --
      This sig donated to Pater. Long live /.
    8. Re:hwah?, Pat Schroeder on point? by Hatta · · Score: 1

      if Google can make digital copies of the books, ANYONE can make digital copies. (duh). So, exactly what it the concern about this? I haven't heard of any pirating of books. And, people have been making copies of books forever. Guess what?, copying a book would far EXCEED the cost of buying one!

      Just cause you don't know about it doesn't mean it doesn't happen. I've got about 1.4g of assorted pdfs and htmls. Poor college students with a lot of time on their hands may find it worth their while to scan a textbook so that their friends/classmates/frat doesn't have to pay the exorbitant prices the bookstore wants. All it takes is one student to leak it on the web and everyone has it.

      --
      Give me Classic Slashdot or give me death!
    9. Re:hwah?, Pat Schroeder on point? by Oligonicella · · Score: 1

      Holy shit. Are you really so dense that you cannot see that a blog (which is published to the world-at-large for free viewing in the first place) is not the same as a published, for-sale book?

      'I know books aren't quite the same as websites, but it's the "I don't want you to index my stuff because of copyright" principle I'm getting at.'

      They are totally different, not "quite". Blogs are copyrighted, you know. Don't believe me? Check a few. That means they want you to read if for free, but you cannot copy parts for free without the copyright owners permission.

    10. Re:hwah?, Pat Schroeder on point? by real_bassman · · Score: 0

      I know blogs are copyrighted and all that.

      "That means they want you to read if for free, but you cannot copy parts for free without the copyright owners permission."

      Are you trying to tell me that people who write books don't want you to read them? Obviously most authors don't want you reading the book for free, but the book index could help you find something worth paying for by showing snippets or something maybe. Oh and don't talk to me about being dense. You didn't even realise I was being sarcastic when I said about websites not being 'quite' like books!

    11. Re:hwah?, Pat Schroeder on point? by Anonymous Coward · · Score: 0

      I used to do this: scan a complete book and OCR it afterwards. Sure, it takes some time, but you can do about 100 pages an hour (with a cheap flatbed scanner).

      Once it sits as a pdf on your harddisk the advantages are great: you can search the text, send a copy to your friend by email or just have 100's of books in your pda for reference.

      It's also pretty cool to see the ocr'ing in progress after the scanning :-)

    12. Re:hwah?, Pat Schroeder on point? by julesh · · Score: 1

      If Google's product is such a godsend to the publishing industry, they should have no problem getting permission to make copies of books from the rights holders.

      Hah! Do you know how difficult that would be? How do you even begin to track down the rights holders? The publishing industry isn't as manipulative as the music industry you know... most books' copyright is held by their authors, not by the publisher.

    13. Re:hwah?, Pat Schroeder on point? by DickBreath · · Score: 1
      The ability to do Google indexed book searches will spur reading, and sales, not muffle it.


      Maybe that is really their true concern. Maybe moreso than any feigned concern about copyrights.

      (Am I the only one who has trouble with my hair getting caught by the folds in the tinfoil?)

      A populace that has done a lot of reading. Horrors! This may take us back to the dark ages, a time of less profit when people actually thought about what they read, what they ate, what they wore, what purchases they made, how or whether they could afford those purchases, a budget, and even worse -- savings. In short, this "reading" thing could lead to "thinking".

      It could have a disasterous effect on corporate executive salaries.

      It could even change the face of civilization as we know it. Imagine a well-read, well-educated electorate.

      Of course, the book publishers could counter this menace by working with other copyright buddies to make TV episodes easily downloadable into iPods.
      --

      I'll see your senator, and I'll raise you two judges.
  9. I blame it on... by TheRealMindChild · · Score: 2, Funny

    ... the RAIN! Yeah, Yeah. I mean, the rain don't mind and the rain dont care. And you gotta blame it on something

    --

    "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
    1. Re:I blame it on... by Sky+Cry · · Score: 1

      Why is it always me? /cries

  10. Like a mime... by parasonic · · Score: 2, Interesting

    ...They're hitting walls that they don't (for)see. Between this and the multitude of other legal issues that have arisen like the "name copyright" issue in the UK and the similar problem in Germany that forces them to call it Googlemail, I have begun to wonder how many more sectors/markets Google can possibly penetrate before hitting a legal or societal brick wall. They might do something that deems them as a "big business" or "monopoly" with all of the associated negative connotations. They've already infringed a little on privacy recently with their policy on using users' data. It will be interesting to see how far Google gets.

  11. Re:Google is going about this all wrong by dada21 · · Score: 1

    Good idea. Let google be given a mandated monopoly in exchange for 'ignoring' certain books published by companies in bed with the Congress.

    I'd rather see Google fight a terrible set of laws violating our Constitutional rights, or work to repeal the horrific copyright laws which are antiquated anyway.

    Until Disney buys Google.

  12. Rooting for Google by Nom+du+Keyboard · · Score: 3, Interesting

    I hope Google wins this one, and wins it big. I'm tired of living in the 19th century, and being told I should remain there by people who consider an electric typewriter to be too advanced for their use. Google believes they are within the current copyright laws, and they have more expensive lawyers than I do.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:Rooting for Google by Anonymous Coward · · Score: 0

      "...and they have more expensive lawyers than I do."

      So did OJ.

  13. Celsius 232.78 by Quiet_Desperation · · Score: 3, Insightful

    I guess we'll all have to memorize our favorite book.

    1. Re:Celsius 232.78 by bluenirve · · Score: 1

      Maybe so, but lets just hope that wasn't you favorite book.

    2. Re:Celsius 232.78 by ke4roh · · Score: 3, Informative

      ROTFL! For those who didn't get it 232.78*9/5+32=451, the kindling temperature of paper in Fahrenheit, and that leads us to a popular Ray Bradbury novel about a society that burns all the books - wheren the citizens (who care about knowledge) must preserve the knowledge by memorizing their favorite books. The title: Fahrenheit 451. If you haven't already, read it now.

      --
      I hate call waitin`~+~~~
      NO CARRIER
    3. Re:Celsius 232.78 by Anonymous Coward · · Score: 0

      Don't forget the movie! I loved the robot dog that stabs the book reading criminals with a syringe.

    4. Re:Celsius 232.78 by Anonymous Coward · · Score: 0

      Actually, the publishers' legal argument technically would make memorizing the book illegal, too. After all, you have an unauthorized, complete copy of the book.

  14. Re:No Copyrighted Books?? by SimilarityEngine · · Score: 1

    William Shakespeare, Charles Dickens, HG Wells, Jules Verne ...

    --
    Those who can make you believe absurdities can make you commit atrocities. - Voltaire
  15. High and mighty by ifelse · · Score: 5, Informative

    It's interesting to note that authors don't really have any say in this affair even when they're in favour of Google Print.

    1. Re:High and mighty by TheAwfulTruth · · Score: 1

      "Authors don't really have any say"?

      Of course not. Why should they? When an author signs with a publisher, they sign their work away to the publisher. Most of their work becomes pre paid and they merely become another worker, doing what they do best largely for someone else's benefit.

      If an author wants to retain rights to their work then they should self publish instead of "selling out" to a publisher. Otherwise they are nothing more than work for hire. You have no rights to the source code you write when working for a company, unless your contract says otherwise, why would an author?

      Author, coder, musician, it's all the same. You either keep creative control and go at it alone or you sell out for "sure" money. Once you've sold out, STFU about how your work is used, it's not your's to complain about any more.

      --
      Contrary to popular belief, coding is not all free blow-jobs and beer. Those things cost MONEY!
    2. Re:High and mighty by tepples · · Score: 1

      If an author wants to retain rights to their work then they should self publish instead of "selling out" to a publisher.

      So what do the publishers have against letting an author negotiate an exclusive license that, after x years or after fewer than y copies are sold to the public in a 3 month period, reverts to a non-exclusive license for the life of the copyright? Why does it always have to be an outright assignment or work-for-hire scenario?

    3. Re:High and mighty by julesh · · Score: 1

      If an author wants to retain rights to their work then they should self publish instead of "selling out" to a publisher. Otherwise they are nothing more than work for hire.

      This isn't true. Publishers do not, in the vast majority of cases, control copyright of the books they publish -- the Authors write the books without a firm offer to buy them, then sell the rights to publish them to the publisher. This is not the same as transferrign the copyright. Pull a random book off your bookshelf and look at the copyright notice: odds are good that the author's name will appear there, not the publisher.

    4. Re:High and mighty by julesh · · Score: 1

      So what do the publishers have against letting an author negotiate an exclusive license that, after x years or after fewer than y copies are sold to the public in a 3 month period, reverts to a non-exclusive license for the life of the copyright? Why does it always have to be an outright assignment or work-for-hire scenario?

      It doesn't. In fact, that's exactly how most publishers work[1]. The GP poster didn't know what he was talking about.

      [1] OK - it tends to be if no additional copies are printed over 3 years, rather than copies sold in 3 months, but the theory's the same. And generally, it doesn't revert to non-exclusive, it terminates.

    5. Re:High and mighty by tepples · · Score: 1

      In fact, that's exactly how most publishers work[1].

      If this is true of print, why can't it be true of recorded music as well?

      OK - it tends to be if no additional copies are printed over 3 years, rather than copies sold in 3 months, but the theory's the same.

      My suggestion was designed to prevent the publisher from keeping its exclusive license alive by printing one token copy every 36 months and locking it in the company vault until the copyright expires or until Earth is destroyed (whichever comes first). If you get a book deal, make sure to negotiate terms based on copies sold to end users (or at least shipped to bookstores) rather than copies printed and locked away in a warehouse, and make sure to negotiate terms that specify a substantial number of copies over 36 months rather than a token vanity-press effort.

    6. Re:High and mighty by TheAwfulTruth · · Score: 1

      That is only true for fiction. A relatively small section of your local library or book store. Hardly the "vast majority" of cases. And even then those books were published under contracts that were signed by the authors that restrict (C) freedom in nearly every case. It's no use whining about it after the contract has been signed. Be smarter later or self publish if you don't like their deals.

      And of course as I said, if you have NOT sold out to a publisher, then you retain all of your rights.

      Most books published are (C) the publisher, lock stock and barrel. The original authors of such books have no say in what happens to them. After a time, when sales of the material are neglighent, some authors may get their (C) back by negotiation or though the original contract.

      But the bottom line is:

      Sell your (C) == No say!
      Keep your (C) but don't self publish == Maybe or maybe not a say, depends on contract.
      Keep your (C) and Self publish == Do what ever the hell you want.

      99.9% of all books in the libraries are not self published, therefor Google should be well aware that they cannot just copy and distribute copies of virtually every one of those books without making a deal with the publishers, period.

      --
      Contrary to popular belief, coding is not all free blow-jobs and beer. Those things cost MONEY!
    7. Re:High and mighty by Tenareth · · Score: 1

      Having worked for Bowker (The guys that generate ISBNs and supply all the stores with their database) for several years I have a little insight into this...

      The publisher gets exclusive rights to publish a work (i.e., the Author can't go somewhere else). However, the publish must always be willing to publish the book... if they stop publishing the book even when someone requests a copy the Author then gets the rights back to go to another publisher. This protection is so that a publisher can't buy rights to a book, print 5 copies and they kill the book. This exclusivity is what the publisher is using to say the Author can't have Google publish the book.

      If a book truly becomes "Out of Print" the rights return to the author, but the definition of Out of Print can become a little grey. If you ever look at Bowker's Books out of Print product you will see a blurb about this.

      --
      This sig is the express property of someone.
    8. Re:High and mighty by julesh · · Score: 1

      That is only true for fiction. A relatively small section of your local library or book store. Hardly the "vast majority" of cases.

      It's also true for a lot of non-fiction. Picking up the first 3 non-fiction books that come to hand:

      An Author's Guide to Publishing, Michael Legat (Hale) - Author holds copyright
      Oxford Manual of Style (Oxford University Press) - Publisher holds copyright
      Assembly Language Step-by-step, Jeff Duntemann (J Wiley & Sons) - Author holds copyright

      So an informal study suggests about 2/3rds of non-fiction is also held by the author. I suspect that the general situation is that textbooks and reference works (a small proportion of non-fiction, but a niche that sells particularly well) are generally publisher copyright, and in the world of fiction, media tie-ins are also often publisher copyright, but everything else is most frequently author copyright. I'd suspect somewhere over 80% of all titles published the copyright is held by the author... but by number of copies sold it may be closer to 50%.

    9. Re:High and mighty by julesh · · Score: 1

      If this is true of print, why can't it be true of recorded music as well?

      It could be, except that the RIAA/BPI/etc recording companies operate as a cartel: none of them allow their artists to retain copyright. Book publishers, in general, don't work like that.

      To be fair to the recording industry, there are a few reasons why it works better like that for them. Specifically, the cost of producing recorded music is higher than the cost of writing a book, because specialised equipment and people with the skill to operate it effectively are required. In most cases, this is paid for by the label, rather than the artist, whereas the cost of writing a book is generally paid for entirely by the author, often without a firm contract for publication.

      My suggestion was designed to prevent the publisher from keeping its exclusive license alive by printing one token copy every 36 months and locking it in the company vault until the copyright expires or until Earth is destroyed (whichever comes first).

      I can see the potential problem, but one thing to consider is that with current technology it costs the publishers little more to print a run of 1,000 books than it does to print a single copy. And once they're printed, they may as well be marketed...

      Until the cost of print-on-demand printing comes down to something similar to traditional methods, there's nothing to worry about here. Although there is some controversy over whether offering e-books for download is adequate to keep a book under license, and many publishers have been trying to get terms that state it is.

    10. Re:High and mighty by tepples · · Score: 1

      it costs the publishers little more to print a run of 1,000 books than it does to print a single copy.

      Really? Even with just running a single copy out of a laser printer, 3-hole punching it, sticking it in a binder, calling it a book, and locking it in the warehouse?

    11. Re:High and mighty by julesh · · Score: 1

      Really? Even with just running a single copy out of a laser printer, 3-hole punching it, sticking it in a binder, calling it a book, and locking it in the warehouse?

      Yes. Even if publishers could get away with doing this, they wouldn't, because printing a short run of real books that they might be able to sell would usually only be 2-3 times as expensive. But I think to qualify as a printing, the book would have to be offered for sale through at least one of the standard book distributors (the contract will specify more detail), and none of those would touch such a book.

  16. Clueless publishers by Jerry+Coffin · · Score: 5, Insightful
    I wonder how long it will be before the publishers realize that Google (like paper libraries before them) are really doing the publishers a favor. I've bought a whole lot of books in my life, and I'd guess about half of them I read in whole or in part at a library before I bought them.

    Books are a bit like software, and the try before you buy model works well. I have a hard time imagining most people deciding to read the entirety of a long book on their computer, even if it's available for free. I can imagine quite a few people looking at a new book online and using that as the basis for choosing to buy the book if they're going to read it though.

    Fortunately, at least a few companies display a bit of understanding. The people initiating these lawsuits should read the introduction Here, and then check Baen's profits, and note that they're still in business and doing reasonably well, thank you very much.

    Of course, everybody else should go there simply to check out some books for free, and (perhaps) to support Baen Books for being decent people and doing good things.

    --
    The universe is a figment of its own imagination.

    --
    The universe is a figment of its own imagination.
    1. Re:Clueless publishers by no+reason+to+be+here · · Score: 1

      Your comment implies that publishers have realized the good that libraries do for them. They have not. Publishers would love to find a way to abolish free, public libraries if they could.

    2. Re:Clueless publishers by monkeydo · · Score: 1

      I wonder how long it will be before the publishers realize that Google (like paper libraries before them) are really doing the publishers a favor. I've bought a whole lot of books in my life, and I'd guess about half of them I read in whole or in part at a library before I bought them.

      I wonder how long it will be before the population of /. realizes that the people running $industry know more about what is good and bad for $industry than they do.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    3. Re:Clueless publishers by Jerry+Coffin · · Score: 1
      Your comment implies that publishers have realized the good that libraries do for them.

      Oh, I didn't mean to imply anything of the sort. Call me foolish if you will (I probably merit it) but, like any software developer, even though I often sound somewhat cynical, I have an incurable streak of optimism. I really do think of their gaining some perspective as a matter of time rather than chance, even though they've certainly managed to remain clueless long enough that if I was more reasonable, I'd probably realize the chances of their ever learning is minimal.

      --
      The universe is a figment of its own imagination.

      --
      The universe is a figment of its own imagination.
    4. Re:Clueless publishers by Jerry+Coffin · · Score: 1
      I wonder how long it will be before the population of /. realizes that the people running $industry know more about what is good and bad for $industry than they do.

      Objection your honor -- assumes facts not in evidence.

      Sustained!

      --
      The universe is a figment of its own imagination.

      --
      The universe is a figment of its own imagination.
    5. Re:Clueless publishers by monkeydo · · Score: 1

      No more than your comment. In fact, that's my point. You make ASSumptions that you have no basis to make, and then you draw conslusions from them. You'd be much safer assuming that publishers know more about publishing than you do, than assuming the opposite. But since you're a programmer, you only think in terms of strict logic, and the logic of this doesn't appeal to you. However, that is just because your premises are wrong.

      But I don't expect you to take my word for it. That was the other point of my post.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    6. Re:Clueless publishers by Jerry+Coffin · · Score: 1
      No more than your comment. In fact, that's my point. You make ASSumptions that you have no basis to make, and then you draw conslusions from them. You'd be much safer assuming that publishers know more about publishing than you do, than assuming the opposite. But since you're a programmer, you only think in terms of strict logic, and the logic of this doesn't appeal to you. However, that is just because your premises are wrong.

      What you're saying would undoubtedly be true of the average programmer, who typically knows little or nothing of publishing. That's not even close to true in my case, however. First of all, while I do programming to support what we publish, the company I work for is fundamentally a publishing house (admittedly, a small one, but most of what we do is clearly publishing nonetheless).

      Second, I was employee number three at this particular company and I've been here for just under eleven years now -- and especially back when we were smaller, I was involved in every aspect of the publishing process from sales out through (literally) driving like a madman to FedEx to get a delivery out the door on time.

      To make a long story short, I know the publishing business inside and out, and have been intimately involved in all its aspects. When you get right down to it, the number of executives at most of the bigger publishers who can honestly claim the same is exceedingly small -- vanishingly so, truth be said.

      --
      The universe is a figment of its own imagination.

      --
      The universe is a figment of its own imagination.
    7. Re:Clueless publishers by kesuki · · Score: 1

      I wonder how long it will be before the population of /. realizes that the people running $industry know more about what is good and bad for $industry than they do.

      now hold on, the people in charge of various recording labels, movie studios, and book publishers got there because of merits that may have nothing whatsoever to do with being able to grasp a complex situation like 'freely' available music/movies/books etc.

      Also, 'giving online books away free' may work more to 'promote' a single publisher than an entire industry. since publisher a is 'providing x for free online, but noone else is, y number fo fans are flocking publisher a because they see them as 'better.' but yeah, anyone who's fond of reading doesn't really like reading books online, and there are already 'libraries' all over which promote 'free' access to works of literature (and music and movies too, at least at my local library)

      what is 'best' is not always so clear and easy, but i will tell you something for certain, freely available information is a benefit to society as a whole. it may not benefit 'industries' founded on producing said materials for 'profit' but it does benefit the society as a whole.

      Also, google isn't even trying to allow people to read the entire text, but rather to be able to search the entire texts, to find the books that contain said text. so thus 'obtaining' the text requires onine would require having the entire subset of the text and searching for it one paragraph at a time... publishers are just afraid that they no longer have a place in the 'digital' world. but the're just being paranoid their place is as always to Market and Promote 'select' literature to which they have obtained the rights to, and to publish just enough to meet demand, etc.. publishing online isn't as 'desireable' without a real publisher, they've just failed to see how to 'safely' integrate such technologies without 'completely destroying' their ability to 'do their job'

      of all the industries it seems like the movie industy has done the best to keep up with the times, but they're still prone to running scared from the technology ;) consider radio vs tv. movie and television studios have doen a better job understanding that the internet is just a natural extention of their current mediums, and they've adapted to various potential threats (video cassetes and dvds) with much fewer hicups than the music industry, who is still trying to get over 'radio' being able to broadcast music to anyone... they're still trying to fight radio and keep it in 'check' making sure that radio only plays certain songs, etc, so that people 'have' to buy the albums to get the music that they heard at so and so's concert etc... they also made it so expensive that music video channels rarely if ever run music videos... otoh movie channels have no difficulty licensing enough movies cheaply enough that they only run a few 'television' style productions simply because they want to have people coming back every week... to watch the latest instalment of 'rome' or whatever it is they have going on now ;)

      and book publishers are still afraid of public libraries, which have only helped to foster reading as a pastime and increased the market for books... the point is giving stuff away free will always help your market logn run as long as the 'free' giveways are always more 'inconvenient' than paid merchandise, either in terms of where you can view, them, the quality of the vewing, the time you can view them, or whatever..

      information deserves to be free.

    8. Re:Clueless publishers by orev · · Score: 1

      It doesn't matter if Google is doing them a favor. Like it or not, Google *is* violating their copyrights. It doesn't matter if the end result is justified. Just because Google is the current darling company of geeks doesn't mean that they get a free pass to do anything they want. Any copyright holder is allowed to make any rules they want about their content, even if it hurts them in the long run.

      Google needs to learn the same thing that most geeks need to learn, and it's that diplomacy and being nice to people is just as important, if not more, than technical prowess. Just because you're smart(er) doesn't mean you don't need to play by the rules. If Google had originally approached this project by working with the publishers instead of in spite of them, they wouldn't be in this situation.

      Adherance to copyright laws is exactly what makes the GPL and free software work. You can't turn around and disregard it whenever you think it is for the greater good.

    9. Re:Clueless publishers by 99BottlesOfBeerInMyF · · Score: 1

      I wonder how long it will be before the publishers realize that Google (like paper libraries before them) are really doing the publishers a favor.

      I believe you are mistaken. print.google.com is in the best interest of authors who want to sell books and is in the best interest of readers who want to find and read on particular topics. It is not in the best long-term interests of publishing companies though. You see, publishing companies value added is the same value added by the RIAA. They do not create works and they do not do a better job creating physical books than any print shop. What they do is market and distribute books. By developing contracts with book stores and online sellers the bigger publishing houses are able to push their book of the week, while minimizing the availability of small competitors and older works. In fact, most publishing companies have a huge stable of copyrights on works that they don't even offer for sale (>90% of all books under copyright). They use that copyright to prevent anyone from reading those books on the off chance it might be worth something some day and mostly to prevent them from competing with their current books.

      The combination of Google print (which bypasses their marketing machine) online resellers like Amazon (which bypass their distribution scheme) and the potential of good, downloadable e-books (which bypasses their physical publishing capabilities) pretty much makes them useless. That means they need to try to use litigation and pass laws to secure their revenue stream or find a new one. Instead of moving to the long-tail model and offering up their entire catalogues and thereby ensuring revenue with their already ridiculously protective copyright length laws, they have decided to attack Google directly. Right now, however, the law favors Google in this regard.

      As for me, I'm quite happy to have Google index my works and create this huge benefit for myself and all of mankind. As for the publishing house executives, shame on these greedy middle-men, history will judge you greedy fools, willing to sell out the good of humanity and trying to enforce a for-profit dark ages. Rot in hell.

    10. Re:Clueless publishers by julesh · · Score: 2, Interesting

      Like it or not, Google *is* violating their copyrights.

      Is it? The argument that this is fair use is an interesting one, and might just succeed.

      If it doesn't, we can kiss goodbye to Internet search engines, because I see no difference at all, at least from a legal standpoint, between what they are doing with books and what they have been doing with web sites all along.

    11. Re:Clueless publishers by TheGatesofBill · · Score: 1

      I've read quite a few books digitally, not on my computer, but reading off a PDA really isn't that bad. These all happened to be things that are freely available (Project Gutenburg and the like), but I could see people using it with things off Google Print if a way was found to download them. However, I highly doubt it'd be enough people to worry about.

  17. I'm not reading the articles... but... by cavemanf16 · · Score: 3, Insightful

    These associations of book publishers should be careful with what they do, or they could quickly find themselves in the position of the RIAA and MPAA amongst far more people than just geeks. I'd wager every single person I know has been to our city's library system at least once in their lifetime. (Columbus, OH) And I'd also be willing to bet that should the courts be stupid enough to allow this to spill over eventually to the library's that there would be a lot of people pissed that they might cripple our city's library system which happens to be the best one in the nation because there are about 30+ library's "linked together" across the city. In other words, I can go to my local library building (or even online: http://www.cml.lib.oh.us/) and reserve just about any DVD, CD, book, or magazine that I could ever want. It's like a physical version of Kazaa, eDonkey, or any other P2P system, except all the content IS stored on the central "server". (The library drives trucks of books around all over the city, transporting them from one location to another based on patron requests)

    So, how is Google any different, except that it's potentially more massive, EVEN faster than the library system I'm used to, and available to even more people?? It's just an extension of the concept that's been around in my city in "snail-mail" form for quite a while now. Keep it up and they're liable to piss off a vast majority of the population of the US if the laws about copyrights keep getting extended further and further away from the original intent of copyright law.

    No, this isn't my most well-though-out post ever, but I wanted to highlight this facet of the debate over Google's LIbrary Project.

    1. Re:I'm not reading the articles... but... by Anonymous Coward · · Score: 0

      "These associations of book publishers should be careful with what they do, or they could quickly find themselves in the position of the RIAA and MPAA amongst far more people than just geeks"

      I hate to state the obvious, but isnt that position called "in charge"?

    2. Re:I'm not reading the articles... but... by Otter · · Score: 1
      So, how is Google any different, except that it's potentially more massive, EVEN faster than the library system I'm used to, and available to even more people??

      It sounds like the difference is that the library system has its legal ducks in a row, whereas Google decided to go ahead on the basis of We're Google And We're The Future and let the chips fall where they may.

      Incidentally, do you really think you have the only city with a unified library circulation? They have that pretty much everywhere in the US.

    3. Re:I'm not reading the articles... but... by KingPrad · · Score: 1

      Congratulations on your city's achievement of connected libraries with cooperative lending! The rest of us welcome you to the 20th century. You'll have a great time!

      --
      Stop the Slashdot Effect! Don't read the articles!
    4. Re:I'm not reading the articles... but... by sonsonete · · Score: 1

      how is Google any different

      Simple: Google isn't distributing any books. It's just allowing the user to find what books contain certain keywords, and view small excerpts around those keywords. That seems to be further within the bounds of fair use than what a library regularly does. (Though, I should point out that section 108 of the copyright code does allow libraries special privelidges not afforded to mere citizens or corporations.)

      --
      "Folks bent on reinventing the wheel should understand that if it's not round, it ain't a wheel." - Jonah Goldberg
    5. Re:I'm not reading the articles... but... by cavemanf16 · · Score: 1

      No, I know other city library systems like ours exist, certainly, but ours was apparently recognized recently as the best. (it's been recognized in the past as excellent too) Plus, I know of other smaller city's (Toledo, OH - smaller, but it is a city) that do not have such linkage amongst their libraries. Google may not have all their legal ducks in a row, so to speak, but my library lets me borrow software, DVD's, and CD's, and unless the manufacturer put copy-protection measures on that media itself it's pretty darn easy to duplicate that material to my own "personal" collection. Yes, it's definitely more costly to duplicate that material in print form, but I suppose Google's work is based on the fact that they can upsell products and services through their advertising engine as people read through printed works as well. Personally, I'd find it an excellent service to provide me with local dealers, maps to those dealers, and product pricing all in one place as I read through a "how to re-wire your home", "how to build a raised planting bed", or any myriad of other digitized books on such subjects. How cool would it be to read through a "digital security best practices" book and automatically be shown advertisements off to one side of the different vendors offering products to solve some of those problems? I know I'd appreciate it!

    6. Re:I'm not reading the articles... but... by Jeff+Molby · · Score: 1
      how is Google any different

      Well, this Google project would allow multiple people to see the book at the same time. Libraries can only share the book with one person at a time. This difference has significant copyright implications.



      /Still hopes google wins

    7. Re:I'm not reading the articles... but... by Simonetta · · Score: 1

      In other words, I can go to my local library building (or even online: http://www.cml.lib.oh.us/) and reserve just about any DVD, CD, book, or magazine that I could ever want.

          You know, without being ironic, you might consider not telling people about this feature available at most urban library systems. It would be reason that the media corporations use to shut down the public libraries (or reduce them to only being able to distribute non-copyrighted materials).

          However, on the other hand, it might not matter even if everyone did know that they can get anything (except porn) for free through the public library system. People have been conditioned to feel that pleasure and status comes from actually buying these items. Therefore an identical viewing of a DVD, or listening to a CD, or reading of a book from the libary would be considered far less valuable and worthwhile than its purchase at the mall.

          Perhaps this is the avenue that the **AAs should use to convince people not to copy media products. "The pleasure comes from the buying, not the viewing" -might work, as long as people continue to have lots of money.

    8. Re:I'm not reading the articles... but... by cavemanf16 · · Score: 1

      Great point. And it doesn't always work as perfectly as my first post may have made it sound. Getting the latest CD or DVD release (and even some of the more popular stuff) can put you on a waiting list of a year (no joke!) at times. Although it's not perfect, waiting a year for the latest Britney Spears CD or the "Titannic" DVD isn't necessarily something most of us will lose sleep over.

      And yes, I do purchase certain media items (books, movies, and CD's) because I "cherish" the ability to own a physical copy of that item. Yes, I could duplicate each item with varying degrees of technical know-how and/or expense to myself, but sometimes it's just worth it to me to own an "original" version. Laws currently grant copyright profitability, not God. In fact, a benevolent god would be against such "hording" of resources based solely on one's human capabilities. I find it funny that so many people feel so entitled to what they have in this life. (Including myself, I can be horribly selfish sometimes!)

    9. Re:I'm not reading the articles... but... by Anonymous Coward · · Score: 0

      Columbus, OH library is not the most advanced in the world, just so you know... I'm living in Los Angeles, and we have the same system over here. In addition, we have a great research databases, and people can even reserve internet computers for use, just as books, all online. Visit www.lapl.org

    10. Re:I'm not reading the articles... but... by misterpies · · Score: 1


      Actually the appropriate analogy is not with a public library. It's with a regular web search engine.

      If it's a breach of copyright to index books without permission and allow people to search them (even though you only show users a snippet at a time), then it's equally a breach to index web pages. Websites are just as worthy of copyright protection as books.

      Can you imagine a judge ruling that web search is illegal? Even if there was a prima facie breach of copyright in indexing the content for commercial gain, my guess is the courts will find a way out, either by extending fair use or (more likely) pointing out that there's no way publishers (web or online) can prove a loss from such activities, indeed it's almost inevitable that they gain, if only they weren't so block headed not to notice.

      (You know, judges aren't as crazy or out of touch as you might think. Supreme court excepted, of course.)

      --
      The author of this post asserts his moral rights.
    11. Re:I'm not reading the articles... but... by cavemanf16 · · Score: 1

      LOL! Yes, I understand the difficulties judges are faced with in interpreting the law at times, or at upholding it, etc. You do make a good point about "online book searching" being more analogous(sp?) to performing web searches in relation to Google's project. I guess I was looking more long-term, when Google (or some company) decides they want to archive something on the order of the Library of Congress online, in full, searchable, digitized, readable format. That's when more than just geeks will start rallying against more of these profit protecting middleman "associations" in the private sector who try to squash long-term human advancement for a short-term profit in a limited sector. (musicians, book writers, movie makers)

  18. Or, we could post statments on them! by benhocking · · Score: 1

    We could post statements on the copy machines letting people know what are and what are violations of copyright law. This is already done at many, if not most, major universities. It is legal to copy articles for your own use. As a professor, however, you are limited in what you can make copies of to distribute to your class. As far as I can remember, these posted statements have been on copy machines since at least the 80's at Georgia Tech.

    --
    Ben Hocking
    Need a professional organizer?
    1. Re:Or, we could post statments on them! by bleckywelcky · · Score: 1

      Yeh, but it still doesn't make sense. It's illegal for the professor to make 30 copies of a book and hand it out in class. Yet, it's legal for all 30 students to make their own copy of the book. What's the difference?

  19. Library for the world by Anonymous Coward · · Score: 0

    How many authors that these publishers bought works from utilized libraries when they were going to school?

    Unless they can answer "none" then they shouldn't have a problem with this. Have they forgotten those days? If someone benefitted from viewing a book or journal without paying compensation to that author, how are they now able to ask for compensation when someone views a mere excerpt of their work?

    There will come a day when libraries themselves are banned because they enable the spreading of ideas and information without compensating the author. If the idea for a conventional "library" was not thought of until today .. you can bet that the idea will be shot down.

    What google is doing is providing the gift of a large library to those who live in rural areas or small towns with no acccess to massive libraries such as those of the major universities. Furthermore, google is not providing the whole book, so the publisher of a book that is useful will get paid because a) existenc eof his book is known b) the information seeker will buy it to get the big picture.

  20. Infringe? Oh, please by stevenm86 · · Score: 1

    Does anyone honestly think the publishers are afraid of Google infringing on the works of writers? Come on, now. The only thing they are concerned with is a decrease in demand for physical printed books due to books being digitized. They want to keep their industry in business, understandable. But stop jumping on the Copyright Infringement Bandwagon to try to control the behavior of others. Enough companies do enough of that already.

  21. Ah, that explains... by Anonymous Coward · · Score: 0

    ...why you have no girlfriend!

    (also, you have your century wrong. 13th century? Or do I have it wrong too?)

    1. Re:Ah, that explains... by casualsax3 · · Score: 0

      Walked right into that one didn't I...

  22. It is not the right thing to a certain extent by nomad63 · · Score: 2, Insightful

    There is gutenberg project which is slowly converting Public domain text into the digital platform but doing it w/o violating the copyrights. Google, being the 800 pound gorilla of the digital space, wants to say, "I do whatever I want and you can not do anything about it" which, in my opinion is not right.

    Some people before my post said, pc's are not getting any slower and scanners any weaker and this is supposed to happen sooner or later. Well, I beg to differ. One person scanning his own, paid, copyrighted book/document and putting it on P2P is not right to start with, but after all, looking at the percentile of the internet users sucking up everything in their sight are not the people to worry about. Think about the mega-downloaders of the pirated music and movies and books. How many of those have really sat down and watch/listen/read all they downloaded. Not even close to anything comparable to what may happen if google start to offer them. There is not enough hours in a day to both be on the computer and suck up all the media content.

    Whereas, if google wanted to offer whatever is in libraries, quite hefty portion of which is still protected by the copyright monstrous laws (which is a subject of aniother discussion but regardless how bad they are, they stand on a legal ground). And do you think if people can look up in google what they are looking for and get their daily fix of reference/literature using the free resources, they still are going to walk to the Borders or B&N and buy the print media. I sure would not, for nothing else than eliminating clutter in my home.

    Google, the darling of internet, doing it now, does not make it right. I am against any mega conglomerate like RIAA/MPAA and alikes but this is not the way to deal with those morons. Two wrongs still does not make one right in my books {pun intented}

    --

    __________
    The more I know people, the more I love animals
    1. Re:It is not the right thing to a certain extent by Anonymous Coward · · Score: 0

      "Google, being the 800 pound gorilla of the digital space, wants to say, 'I do whatever I want and you can not do anything about it' which, in my opinion is not right."

      On the contrary, it is the publishers that are determining what is not *your* fair usage of a product.

    2. Re:It is not the right thing to a certain extent by teeker · · Score: 1

      I think you're confusing Google Print with something else (you're not the only one...lots of people don't seem to get this). You can't read or download the whole book via Google. It's a search engine that searches the full text of books, and the results are EXCERPTS of the books found, with links to buy them, and perhaps libraries that have them. This is NOT an online library. It's an online full-text search of a library.

      --
      teeker
  23. Hmmm...... by 8127972 · · Score: 1, Insightful

    It almost sounds like the publishing industry is getting it's legal advice from the RIAA.

    --
    This is my opinion. To make sure you don't steal it, it's covered by the DMCA.
  24. You *can* buy it. by Anonymous Coward · · Score: 0

    I can't buy the book I want here yet (hardback only, paperback release date seems to vary between some time next month up to a year away)

    Well then, you can buy the book. You just don't want to pay the higher asking price for a hardcover copy.

    That's fine, but admit it: you're just being cheap.

    1. Re:You *can* buy it. by MaestroSartori · · Score: 1

      No. I don't want to pay *any* asking price for a copy that's far bigger than the other 10 I have, and looks out of place on my shelf. Oh, and that's also too large to read comfortably on a busy bus going to and from work.

      I don't care about the price. I care about buying something I want, and I will when they see fit to release it.

    2. Re:You *can* buy it. by hal9000(jr) · · Score: 1

      I don't care about the price. I care about buying something I want, and I will when they see fit to release it.

      Actually you have already admitted you will commit a criminal act to get what you want, when you want it. Rather than waiting for when they release it in the format they release it. So tell me, how is that electronic copy going to look on your bookshelf?

    3. Re:You *can* buy it. by MaestroSartori · · Score: 1

      Firstly, copyright infringement isn't a criminal act.

      Secondly, are you deliberately misunderstanding me or am I just coming across completely wrong?

      *I WILL BE BUYING THIS BOOK AS SOON AS IT IS RELEASED IN THE SAME FORMAT AS THE OTHER 11 I LEGALLY OWN*

      But, since publishers decide to go for the people who can't resist buying these things as soon as they come out, they set the paperback release way after the hardback. So to answer your question in a different manner, the paperback will look just fine on my bookshelf, next to the other paperbacks. It'll just take a while. In the meantime, I've enjoyed reading the book immensely.

    4. Re:You *can* buy it. by Anonymous Coward · · Score: 0

      Since when is it wrong to be a criminal? It's not like most of our laws have any relation to morality. Tell me again why I can get smashed but not stoned? Tell me again why I have to wear a seatbelt? Tell me again why I'm not allowed to kill myself?

      Tell me again why ideas must be made artificially scarce...

    5. Re:You *can* buy it. by Anonymous Coward · · Score: 0

      No, they just changed it. You can go ahead and kill yourself. Better hurry before they change their mind.

  25. Re:No Copyrighted Books?? by Nuskrad · · Score: 2, Informative

    Actually, many recent translations of the bible are still copyrighted (such as the New International Version).

  26. I don't see why it will harm anyone by Skiron · · Score: 1

    Being an unfortunate UK rail user, I get through at least a paperback book a week - I either buy these for 30p (or whatever) from charity shops or swap books at work with similar readers.

    But on ALL the book covers (no matter which book), it is always a 'best seller', 'No.1 seller', 'award winning', 'Now a latest Hollywood film', etc. etc.

    So, Internet or not, somebody buys them 'new'. I never do, nor ever have done.

  27. Google's actions should be illegal by Anonymous Coward · · Score: 0, Informative

    Google is a coorporation which is using copyrighted material
    to provide a search service. This service allows Google to earn
    revenue through ads.

    I am all against antiquited copyright laws, as a consumer
    I should be allowed to use what I bought in any means I want.

    Google's PR department has twisted the facts. Google is
    not producing content for consumers, but in fact stealing
    from copyright holders.

    1. Re:Google's actions should be illegal by BlurredWeasel · · Score: 1

      And private libraries are perfectly legal, charging a yearly fee or similar in exchange for access to any given number of books.

    2. Re:Google's actions should be illegal by Anonymous Coward · · Score: 0

      Private libraries own the books they are providing access too. Google does not.

      I really don't see how Google print could be legal. They are taking a book they don't own, copying it in is entirety, spreading it throughout their servers, and handing out small portions to anyone who asks. Lets say I started taking movies from Netflix, ripped them to a webserver and was handing out 3 second portions to anyone who asked. RIAA would, quite rightly, rip me apart. Fair use does not allow me to make a backup copy of material I do not own. This is precisely what Google is doing.

    3. Re:Google's actions should be illegal by Anonymous Coward · · Score: 0

      Yeah, but they're getting the books voluntarily from the 5 libraries that do own them.

      your entire post just collapsed.

    4. Re:Google's actions should be illegal by Anonymous Coward · · Score: 0

      Really? Damn, I didn't realize that fair use allowed me to give copies of everything I own to everyone I know. Oh, that's right, it doesn't. Just because you know a guy who owns a book, DVD, CD or book doesn't mean that you can borrow his backup copy indefinitely. That would be duplication, which is the exclusive right of the copyright holder.

    5. Re:Google's actions should be illegal by 99BottlesOfBeerInMyF · · Score: 1

      Google's PR department has twisted the facts. Google is not producing content for consumers, but in fact stealing from copyright holders.

      Google is copying entire works from libraries, but not for their own personal use. This is legal under fair use, subject to conditions they have met. Google is republishing excerpts of those books as part of a for profit service which is legal under fair use subject to certain conditions which they have met. Google has built a giant, searchable index of the terms used in these books which they use to provide a service. This service and the metadata it inherently creates is the content Google has produced and is perfectly legal. Perhaps you should, you know, actually read the laws before you make strong declarative statements. As an aside, this super-card-catalogue is a great boon to society and mankind. If copyright laws are changed to make it illegal it will be to the detriment of society not its benefit.

  28. By libraries, helped by Google. by lancejjj · · Score: 3, Insightful

    I work with one of those academic library institutions.

    This is more like an effort by the libraries, and Google is basically under contract to do the heavy lifting of scanning and technology, because they're good at such grand data projects. Traditional libraries simply aren't scaled and don't have the budgets to do it all by themselves. There's major cost savings in consolidation and expense-sharing. Why scan 7 times when you can scan once?

    It seems like the publishers are really aiming for a for-fee privatized electronic library system, cutting out traditional non-profit libraries.

  29. Re:No Copyrighted Books?? by JasonKChapman · · Score: 2, Insightful
    Well that leaves the Bible and Tekwar

    You're kidding, right? Have you never heard of the amazing work done by Project Gutenberg? They have something like 16,000 books and counting. All digital and all in the public domain. In many ways, it's the F/OSS equivalent of Google's project.

    From their site:

    We cannot publish any texts still in copyright without permission. This generally means that our texts are taken from books published pre-1923. (It's more complicated than that, as our Copyright FAQ explains, but 1923 is a good first rule-of-thumb for the U.S.A.)
    --
    Sorry, I'm a writer. That makes you raw material.
  30. no kidding (way OT) by BitterAndDrunk · · Score: 1
    I wish I'd stopped after Lord of Chaos. That one was absolutely fantastic (perhaps Jordan's "masterwork") but since then. . . meh. Booooooring.

    Potential spoilers below.

    I personally believe that Jordan got called out on the Demandred/Taim thread, and wrenched the wheel around because of the forums "getting it right". As such, he lost control and the muses now punish him.

    Martin's Song of Ice and Fire is far superior epic fantasy anyway. 3 more weeks till Feast For Crows!!!! *drools*

    --
    You better watch out, there may be dogs about . . .
    1. Re:no kidding (way OT) by LurkerXXX · · Score: 1

      Got a link to it? I haven't read any forums on the books, but that might be a good read.

  31. As an Author, I agree by FreeUser · · Score: 4, Insightful

    We are mere months (maybe a year) away from the ability to completely scan any book and convert it accurately to text based PDF in under an hour. It will likely be F/OSS software that does it, released ostensibly to save old books in the public domain.

    When this happens, books will end up on P2P just like movies, music, porn, and images. Just as P2P helps people find interesting musicians and performers, it will help people find interesting writers and authors.


    As an author, I couldn't agree more.

    Most people want to curl up with a good book and read in comfort, lying in bed, on their couch, in their recliner (cracking fire and comfortable cup of tea/coffee/hot chocolate optional). A few folks don't mind sitting in front of a computer to read, but the rest of us like good old fashioned, physical books in our hands, and what Google is doing is not only NOT a threat to the sale of traditional bound books, it is a boon.

    What it isn't a boon for is old guard publishers having a stranglehold on exposure anymore, meaning that self-published, POD, and other less traditional forms of publishing gain more leverage in attracting interested eyes, without having to somehow get ahold of that coveted shelf space in a brick-and-mortor store.

    Not that I don't covet that for my novel (I do), but the more accessible the information is to those looking for it, the more people will buy the physical version of the book.

    The AAR has its head up its ass, and win-or-lose on this particular lawsuit, they and their constituents are going to lose bigtime if they don't update their mentality to fit with the technological reality of today, and begin exploiting the opportunities it offers.

    --
    The Future of Human Evolution: Autonomy
    1. Re:As an Author, I agree by Rycross · · Score: 1

      Even technical books have benefit in dead-tree form. I greatly prefer my reference manuals to sit on my desk when I'm programming, as opposed to having to switch between my IDE and browser/documents.

    2. Re:As an Author, I agree by dada21 · · Score: 2, Interesting

      As a published author without a novel, I'm in a "unique" situation. I've been shopping out my completed novel for 2 months now with 2 publishers interested. I'll likely lose both opportunities as both offered decent advances for "first publish rights" but I want to release the novel freely on P2P and ebook sites.

      I'm offering to negotiate zero advance for a higher percentage (2.5% more) and control over online first publishing. My published friends and editors I know said its suicide. Yet I know the novel has worth, and i know free licensing of its digital form would triple sales.

    3. Re:As an Author, I agree by Oligonicella · · Score: 1

      But, but, but.... Shouldn't you, you know, just put on P2P for free. After all, you're holding all those people who may want to read it for free hostage to your corporate greed? Try this. Freely distribute it in digital form, then get a book deal. After all, you'll have done the publishers advertising for them. True?

    4. Re:As an Author, I agree by dada21 · · Score: 1

      Actually I know its out there already...

      But I'm willing to give up 85% of book sales in exchange for marketing, printing and distribution. 20,000 copies = $60,000 just to print.

    5. Re:As an Author, I agree by robertjw · · Score: 1

      Most people want to curl up with a good book and read in comfort, lying in bed, on their couch, in their recliner (cracking fire and comfortable cup of tea/coffee/hot chocolate optional). A few folks don't mind sitting in front of a computer to read, but the rest of us like good old fashioned, physical books in our hands, and what Google is doing is not only NOT a threat to the sale of traditional bound books, it is a boon.

      Interesting, that's a similar argument that used to be used about mp3 files. People would rather listen to a high quality CD than compressed mp3s. Then Apple came out with the iPod and the AAC format. So basically what you are saying is traditional book is fine until Apple hits the market with the iPod Reader and iBooks, which we will be able to take to the bed/couch/recliner/fireplace.

    6. Re:As an Author, I agree by object88 · · Score: 1

      Even technical books have benefit in dead-tree form. I greatly prefer my reference manuals to sit on my desk when I'm programming...

      Generally speaking, I agree with you. I have a dozen or so out-of-print and copyright-expired vacuum tube textbooks in PDF form, but I crave the physical books. However, in terms of programming, I greatly perfer electronic copies, as long as I can cut'n'paste sample code. That little convinience makes the electronic version worthwhile.

    7. Re:As an Author, I agree by Anonymous Coward · · Score: 0
      Interesting, that's a similar argument that used to be used about mp3 files. People would rather listen to a high quality CD than compressed mp3s. Then Apple came out with the iPod and the AAC format. So basically what you are saying is traditional book is fine until Apple hits the market with the iPod Reader and iBooks, which we will be able to take to the bed/couch/recliner/fireplace.

      Music isn't the same as books. Music already required a device and power source to play it, even before MP3. The transistor radio and walkman tape player are regarded as groundbreaking in that they allowed mobile enjoyment of music. Books have always been portable. Books are different in that no electronic format (for the forseeable future, anyway) will be convenient to stuff into a rucksack and take camping or into a combat zone, nor durable enough to sit on or drop off a 60' boulder, nor cheap enough leave on the back of the toilet or rolling around the trunk of your car. The printed word on paper has a distinct and significant advantage over electronic formats.

    8. Re:As an Author, I agree by budgenator · · Score: 1

      WOW $3.00 a book to print, $300.00-150.00 for a textbook, $50.00 -30.00 for a hardcover novel or softcover tech book and $8.00 for a paperback; no wonder Google scares the jabeebers out of them!

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    9. Re:As an Author, I agree by daigu · · Score: 1

      I don't tend to be a stickler for grammar, but the following sentence is barbarous.

      "A few folks don't mind sitting in front of a computer to read, but the rest of us like good old fashioned, physical books in our hands, and what Google is doing is not only NOT a threat to the sale of traditional bound books, it is a boon."

      A period or two? Eliminate the double negative? Thank you.

    10. Re:As an Author, I agree by robertjw · · Score: 1

      Music isn't the same as books. Music already required a device and power source to play it, even before MP3.

      No, music isn't the same as books, but the written word is much like musical compositions. Books have not always been portable. They used to be written on stone tablets, papyrus scrolls, etc... Back in 1455 a guy named Gutenberg invented a thing called a printing press. It wasn't until then that books became portable. What we know as a book is just a type of media for the written word. As soon as a better device (more durable, lighter, cheaper, etc...) comes along books will disappear.

      You are very correct, Mr. AC, in stating that there is no adequate electronic device for storing what is now stored on paper, although I disagree with your examples. We don't need something that can drop off a cliff or be taken into a combat zone. What we need is something that is pleasant to read, provides an adequate sized page and doesn't hurt the eyes to look at. Once we have that we can start worrying about durability.

    11. Re:As an Author, I agree by RoboPimp_3000 · · Score: 1
      WOW $3.00 a book to print, $300.00-150.00 for a textbook, $50.00 -30.00 for a hardcover novel or softcover tech book and $8.00 for a paperback; no wonder Google scares the jabeebers out of them!

      1. A $300 Textbook would most likely be almost full of color ilustrations, and it would cost a lot more to print than $3 per book

      2. I've never seen a novel that costs $50. It's usually closer to $20, and even less than that for popular novels that retailers offer discounts on.

      3. You are not factoring in the costs of distribution and marketing.

      4. The retailer and the publishing house take their cut of the sales. The author usually only gets about 10% of retail (and usually only the book has sold enough to cover their advance).

      You still think authors are making a killing?

    12. Re:As an Author, I agree by budgenator · · Score: 1

      not the authors, think about it the author gets about the same as the printer, that LEAVES A LOT OF SPREAD IN THE MIDDLE. Maybe the real problem is there is a lot of room for small run printers and binders, free lance editors and authors and direct distribution and primary marketing through Google print that would cut out the good'ol boys and their archaic business methods.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
  32. How can Google get away with this? by Darius+Jedburgh · · Score: 2, Interesting

    They are carrying out the greatest copyright violation in the history of...well...all of history. What possible argument can they have in their favor? I can't even see where they'd start such an argument and I can hardly imagine a more clear cut case against them. Copying entire books wholesale can hardly be called "fair use" and they're using the copyrighted text to drive up hits on their ads. I think print.google.com is a great tool, I've just printed out a few useful pages from a book with it myself, but I don't think they have a legal leg to stand on. If I did the same as them as an individual I'd be considered a copyright thief.

    1. Re:How can Google get away with this? by Anonymous Coward · · Score: 0

      Is it illegal to make an independent index of a book? An exhaustive index knows where every word is in relation to every other word. Therefore from an exhaustive index one can always recreate the original work. Google is simply trying to create this exhaustive index. Assuming that independent indexing is legal the question of whether Google is infringing copyrights must rest, not in the fact that they create and possess an exhaustive index, but in how they are presenting the results. Since showing snippets of results is arguably "fair use," I believe they DO have a leg to stand on.

    2. Re:How can Google get away with this? by Darius+Jedburgh · · Score: 1
      from an exhaustive index one can always recreate the original work
      That seems like a good argument that an exhaustive index is actually a copy of the original work and hence a copyright violation. After all, why would anyone care whether the text is stored as ASCII, gzipped EBCDIC or some kind of index? They all can be converted to something that can be printed and read.

      I agree that viewing snippets is fair use. My printing of a few pages from a book is probably fair use. But there are two obvious issues with what Google do: (1) while my reading of a snippet is fair use, their ability to present anyone with almost any snippet is not. Having all the snippets available to yourself is quite different to copying a snippet for yourself and (2) if I use print.google.com to search for text I get ads so they are using the entire text of books for commercial benefit.

    3. Re:How can Google get away with this? by dahorowitz · · Score: 1

      Actually, there is legal precedent on Google's side. Check out the Kelly v. Arriba Soft ruling from the 9th circuit a couple of years ago. Granted, this is a novel area of law, so there is no guarantee that the court in Google's situation won't be able to distinguish this case from Google Print, but at least its a start.

    4. Re:How can Google get away with this? by d34thm0nk3y · · Score: 1

      Copying entire books wholesale can hardly be called "fair use" and they're using the copyrighted text to drive up hits on their ads.

      Maybe. Copying portions for review or discussion purposes (even ad supported reviews like magazines etc) is well within fair use though. Since Google is only displaying portions of the scan I would think it is more similar to the last situation. The courts will decide.

    5. Re:How can Google get away with this? by canajin56 · · Score: 1


      With a library provided photocopier, you can recreate the entire text of a copyrighted work. Through signifigant effort, but you can still recreate it. And yet, they still have copiers in them! There is even legal precident that allows them to be there! This is because their intended use is Fair Use, and the fact that an individual can abuse this service is not the fault of the service provider. If somebody puts signifigant effort into using this copier to copy the entire text of a copyrighted work, THEY have broken the laws, even though the library provided them with the work itself, AND the means to copy it.


      In the same way, Google is providing small portions of text, and links on where to buy the whole thing. If it can be abused to copy the entire text for you, it is your fault, not theirs. If something is not allowed because it can, with signifigant effort, be used to violate copyright, then photocopiers, cameras, computer, typewriters, and pens are all equally illegal copyright violation devices.

      --
      ASCII stupid question, get a stupid ANSI
    6. Re:How can Google get away with this? by Anonymous Coward · · Score: 0

      Fair use does not demand that only snippets be stored, or even displayed, at least not necessarily. Take a poem for example. I can quote an entire poem in many circumstances, one good example being a review of the poem or an article about the poem. I'm not trying to say that this example matches what Google is doing, just that fair use does not have cut-and-dried boundaries. The fact that Google is storing the entire work may not be seen as relevant by the courts. Indeed, if Google could do the job without storing the entire work they probably would.

      There is a legal principle here that works in their favor: the exercise of a right may not be converted into a crime. The possible application here is that if someone wants to index a book, and that alone is legal, and the only way to do it is to techinically infringe copyrights, then such infringement is allowable. This has all kinds of precedent in the application of copyright law, but you just can't tell what any one court will do.

      I agree that the argument about 'exhaustive indexing' cuts both ways...it proves that, no matter how Google stores the data, they do in fact have a complete copy. But I don't think anyone ever really thought otherwise. What it does do is push the limits between talking *about* a book and providing the book itself. I suspect it comes down to presentation, not mere facts about what resides on a hard drive somewhere. Courts are unreliable and untrustworthy, but for the most part they are not simple-minded.

    7. Re:How can Google get away with this? by Darius+Jedburgh · · Score: 1

      But my point is not that Google provides the means to copy books. They have in fact already copied entire books. They have copied these entire books with the purpose of increasing advertising revenue. It doesn't matter that the individuals who make fair use of their data are breaking no laws - Google is using entire copies of books to drive up their profits. They are not using snippets to make a profit, they are using the complete books. They keep a copy of the entire book. Libraries, last time I checked, don't make copies of entire books for profit.

  33. What Exactly is The Difference? by Evil+W1zard · · Score: 1

    Honest question that I fail to grasp... A library purchases a book and then that book is made publicly available for all to read. If Google were to purchase the initial copy then scan it how are they different from a library other than the factor that is it will be easier to search for and access books from anywhere? I understand the issue of individuals copying the books and keeping them and I am sure Google can put a mechanism in place to deter copying of the material. Libraries generally will disallow copying of entire books on their copiers but that doesn't stop someone from checking out the book and either scanning it or copying it elsewhere... but they have done their part to CYA themselves. As long as Google offers this service like a library would then why is it an issue?

    --
    News Reporters Make Tasty Polar Bear Treats!
    1. Re:What Exactly is The Difference? by Anonymous Coward · · Score: 0

      Number of concurrent readers at library is 1 per book.

      Number of concurrent readers at book hosted on Google? TBD. How many books (or licenses, or what not) will Google buy? Will one person be allowed to read the scanned version of the book.

      This is why copyright holders are up in arms, in my opinion.

  34. copying is not violating by argoff · · Score: 3, Insightful

    The substance of what you said has an implied presumption that when something is coppied, distributed, or even sold without the creators permission, then the creator/publishor is in some way violated. While I understand that's the theory, and we have all been spoonfeed that that is an "intellectual property" right, the reality is quite different.

    While protected rights, naturally lead to incentives - protected incentives do not naturally lead to rights. Perhaps somebody feels violated when you freely copy, then again perhaps plantation masters feel violated if you steal, oops I mean free, slaves from the plantation. That is what I mean. Property and incentive are not an ends in themselves, to be just they need to derive from the real world - like the fact that not everybody can use the same resources at the same time, but with information they can!

    Copyrights are particualrly evil because they have the effect of stealing away our culture and giving it to hollywood. They also have an effect, that to secure them, you need to microregulate the internet and everybody that uses it. They have an effect that leads to anti-trust behavior in large software companies, and tend to make the information itself more valuable then the people who provide the services. The cost of having them in the information age is simply too high and they can not survive the information age any more than micro-controll of the labor market (slavery) could survive the industrial revolution.

    1. Re:copying is not violating by Jeff+Molby · · Score: 1

      Our current system could stand a lot of improving, but what is so wrong with the nature of copyrights? If I spend a year of my life developing something, why don't I have the right to control, on some level, how it can be used?

      If I don't, why would I develop anything when it would be perfectly legal for a corporation to take it and sell it as their own?

    2. Re:copying is not violating by Some+Pig! · · Score: 1

      Copyrights are particualrly evil

      What then of the GPL, which is founded on copyright? And what of certain rather famous
      software projects, released under the GPL?

    3. Re:copying is not violating by argoff · · Score: 1

      If I spend a year of my life developing something, why don't I have the right to control, on some level, how it can be used?

      If I don't, why would I develop anything when it would be perfectly legal for a corporation to take it and sell it as their own?

      That's not a fair example though. Maybe you sepnd your whole life working your fingers to the aching bone making mud pies too, that does not mean society owes you any sort of privelage. In fact it would be good that they wouldn't, because that would make it so that if you wanted wealth - you would engage in activites that offered more value to society vs forcing every one else to comply to "your mud pie terms". Well the same is true with copyrights, information has far more of a service value than a commodity value, so copyrights really get in the way of providing value to society.

      Also, copyrights in practice are far more effective at controlling you than at controlling corporations. So if you had the right to copy things that corporations did, it would benefit you from them far more than them from you.

    4. Re:copying is not violating by Jeff+Molby · · Score: 1

      I'll assume that these mud pies are artistically significant and unique (otherwise, copyright doesn't apply, though even then it may be more of a trademark issue).

      Your argument about "forcing every one else to comply" isn't really accurate. Nor do my statements imply that "society owes you any sort of privilege". I am simply performing work and offering the fruits of that labor to society under my terms. If the fruits of that labor offer no value to society, no one will take me up on my offer and I will go broke. That's my fault for not researching the market properly.

      If, on the other hand, no equivelant to copyrights existed, I would not even undertake the effort, knowing that I would be unlikely to get a proper return on my investment, even if society found my labor extremely valuable. Thus, society would be denied the opportunity to purchase my artistically significant mud pies.

      I do concede that the current system is flawed (mostly in that copyrights last entirely too long), but if copyrights were implemented ideally, they would be very beneficial to society by protecting creators long enough to make it worthwhile for them to create.

    5. Re:copying is not violating by argoff · · Score: 1

      Thus, society would be denied the opportunity to purchase my artistically significant mud pies.

      I cut this out because I think it gets to the meat of the issue here. In a way this statement makes my point because it touches on how copyrights distort the marketplace. Without copyrights, the media wouldn't be inclined to push so much hype, and their relative value would be less. Meanwhile, authors of techncal books (for example) would likely gain quite a reputation even if they didn't get any royality at all, and make up more than the difference in consutling and services. Artits might do more live concerts, or paint for pay (actually people making the big money from copyrights you always hear about is almost always the exception anyhow).

      Because most knowledge and information relates to services that have value to society, society would not loose out on the production of usefull information, and creators would not loose out on money (contrary to popular belief). Of course some people would loose, like hollywood, but in all fairness they are overvalued anyhow.

  35. Don't you guys think.. by Chunni+Babu · · Score: 2, Insightful

    Google should have worked with the publishers and copyright owners of the books rather than a public library to do this job? I mean making all books in world online is not a monstrous task just because of the efforts involved in scanning, but for managing the relationship with all the stake holders. Think of it - anyone with a lot of cash and copy monkies can scan these books, but it needs lot more skills to get all the relationships right. Google took a short-cut by bypassing the people who put years of their life creating the books, and no wonder these people are unhappy. This particular lawsuit is from major publishers of the likes of Mc Graw Hill - there is abosolutely no way Google can proceed with this project without their blessings.

    1. Re:Don't you guys think.. by stillmatic · · Score: 1

      They didn't because in the future Google is going to be their competition. Which is exactly why the publishers are fighting them.

  36. Mod parent up! Its NOT FLAMEBAIT by Banner · · Score: 2, Informative

    If you think that's flamebait, it sure goes to show you don't know what debate is all about.

  37. To pre-emptively tackle some arguments here... by Garwulf · · Score: 2, Informative

    Well, I've seen this sort of thing come up time and time again, and in the hopes of contributing something that will keep the discussion informed and to the point, I'm just going to shoot a couple of things down right now, and raise a few more:

    1. Google is NOT doing something new and revolutionary, they are instead extending what is already a good idea and already extant. Sample chapters have been up on the 'net for years. The ability to search for millions of books in dozens of different libraries at once by particular keywords has existed in university libraries for at least a decade, if not longer. Project Gutenberg (sp?) has been digitizing out-of-print public domain books for years as well. Google is extending this general idea, but they did not invent it. And, if they are stopped by these lawsuits, it will NOT bring the world to a halt, damage authors or the publishing industry, damage readers, create some weird heirarchy of those who have information and those who don't, or anything of the sort (in fact, we already have an overload of information in modern society).

    2. The argument that what was in the first draft of the U.S. Constitution is exactly what copyright should be is extremely flawed, both historically and logically. It is flawed logically because the argument revolves around the U.S. Constitution, which has little or nothing to do with international law and the Berne Convention (and the libraries in question have books by authors from around the world). It is historically flawed because the first draft of the U.S. Constitution was an 18th century document written by 18th century people for an 18th century world, and society, including the situation of authors, has changed since then. There's a good reason why Jeffersonian democracy hasn't existed since about the 1830s. Copyright may require some tweaking to function properly in this new age of the Internet, but regressing two centuries is not the answer at all.

    3. The main issue here revolves around whether Google asked for permission from the copyright holders before scanning. And, both morally and legally speaking, they should have. And, the fact is that if they had asked first, they quite possibly would have had the publishers and authors bending over backwards to help, because it IS a good idea. However, the ends do not justify the means, and quite frankly, I don't think they ever have.

    Now, those issues aside, there are some good issues to raise - how do you protect copyright in this digital world? At what point is something no longer fair use when you're dealing with credited electronic excerpts? How does copyright need to change in order to balance the needs and rights of the author with the needs and rights of the reader?

    --
    Robert B. Marks
    Author, Demonsbane in Diablo Archive
    1. Re:To pre-emptively tackle some arguments here... by Anonymous Coward · · Score: 0

      There's a good reason why Jeffersonian democracy hasn't existed since about the 1830s.

      Only because greed trumps good.

      http://en.wikipedia.org/wiki/Jeffersonian_democrac y/

    2. Re:To pre-emptively tackle some arguments here... by Anonymous Coward · · Score: 0

      So I take it your against Google.

      Funny that you mention the 'Bern Convention' as it actually is the Bern Copyright Convention. Basically every copyright law in most of the civilized world is constructed from this convention (1976). The US Laws were passed in 1979.

      You really should read it.

      It clearly and unequivically states that what Google is doing is quite legal and quite correct. It also states that they do NOT have to contact the copyright owner for what they are doing (in other cases clearly you do).

      This is a typical FUD attack to delay and reduce the final product and basically put the publishers back in the process so that they can find a way to get some money out of it. Its a nicer form than what the RIAA is doing, but book publishers are usually a bit nicer.

      Google _may_ evenually adopt a buyout with some of the larger publishers to satisfy them, but what they are doing is perfectly legal.

    3. Re:To pre-emptively tackle some arguments here... by 99BottlesOfBeerInMyF · · Score: 1

      The argument that what was in the first draft of the U.S. Constitution is exactly what copyright should be is extremely flawed, both historically and logically..... Copyright may require some tweaking to function properly in this new age of the Internet, but regressing two centuries is not the answer at all.

      I agree it should be changed from it's original form, but probably in the opposite direction you are thinking. Originally copyright was an opt-in system and commercial copying was restricted for 1-14 years so the author could make a profit and thus be encouraged to create. Now, reproduction distribution, and profitable shelf life for the vast majority of works could be motivated by as little as two years, not the 83+ years it has been extended to. Hell many copyrighted works, like video games are completely unusable after as little as six years when the hardware and software required to use them. How does an unusable work entering the public domain nearly a century after it has done anything to motivate new works do anything to help society? Not to mention originally, the opt-in system required reference copies to preserve works for posterity, whereas now works are destroyed forever on a daily basis. The current system needs more than tweaks, it needs a complete overhaul and is a detriment to society, not a benefit.

      The main issue here revolves around whether Google asked for permission from the copyright holders before scanning. And, both morally and legally speaking, they should have.

      Have you ever heard of the fair-use doctrine? It defines four criteria for fair-use copying of works in the U.S. and so long as Google meets those criteria it does not have to ask anyone anything. Legally, they are not even bound to let authors opt-out of their system, they are just doing it to be nice. The precedent was set on an internet case for a system similar to images.google.com. Basically, it was held that a company can copy entire images without permission provided they do not use those images or republish more than a small excerpt of them (thumbnail images). Google has legal precedent to back them up here. Morally speaking I don't see any problem with kicking members of these big publishing houses in the shins or torching their cars. They are a blight upon society and are erasing our literary heritage for profit. Great works are erased from public consciousness, locked away in warehouses to crumble away all for the sake of a very small amount of money. The behavior of these publishing houses is so sickening that I don't think they have any moral grounds for complaint about anything anyone does with regard to their copyrights.

      And, the fact is that if they had asked first, they quite possibly would have had the publishers and authors bending over backwards to help, because it IS a good idea.

      You are ignorant and naive. First the right's holders for most copyrighted works cannot be found, so there is no way to ask them and the cost of tracking down the right's holder for every single work would cost more money than anyone, and I do me an anyone has. Second, while most authors are happy to have Google index their works, most copyrights holders for books are large publishers whose business model (market and distribution lock-in contracts) are threatened by Google's work. Hell they specifically are trying to force Google to an opt-in scheme so their works don't have to compete on equal footing with the large percentage of works that are not in print (but still copyrighted) and are otherwise unavailable to most people. Basically, they want most copyrighted works to be unavailable to most people and that is ethically unconscionable and diametrically opposed to the intention of copyright law and the good of the people.

    4. Re:To pre-emptively tackle some arguments here... by Garwulf · · Score: 1

      What a spiteful comment. And where to begin? Well, I'll deal with your points numerically.

      1. In what country are you referring? In England it starts with the Register's Log, which provided some protection to publishers in Shakespeare's day. In the United States, it starts with the copyright clause of the Constitution. Up here in Canada, we are based on British tradition and use the Berne Convention.

      Aside from which: "Not to mention originally, the opt-in system required reference copies to preserve works for posterity, whereas now works are destroyed forever on a daily basis." What in the hell are you talking about here? As far as I know, every work published in the United States has to be registered with the Library of Congress, and a copy provided. Project Gutenburg is bending over backwards to get old books published online, and publishers like Penguin and Everyman make their bread and butter on classic books. Far from works being destroyed, we have more access to literature in the here and now than has ever been possible before.

      2. "Have you ever heard of the fair-use doctrine?" Considering I raised that exact issue at the end of my post, I imagine I am. However, fair use does not extend to the scanning and reproduction of entire books online, and a book is not an image.

      "Morally speaking I don't see any problem with kicking members of these big publishing houses in the shins or torching their cars. They are a blight upon society and are erasing our literary heritage for profit. Great works are erased from public consciousness, locked away in warehouses to crumble away all for the sake of a very small amount of money. The behavior of these publishing houses is so sickening that I don't think they have any moral grounds for complaint about anything anyone does with regard to their copyrights."

      You know, this reminds me of the rhetoric in Mein Kampf, by Adolf Hitler. You've taken half-truths and spun them out of control and used them to justify the injustifiable. Great works are NOT erased from the public consciousness by publishers - in fact, they tend to be published and republished again and again. A good chunk of Penguin Putnam's line is great literature. Locked away in warehouses? The only time that happens is when bookstores don't bother ordering the books. This may come as a shock, but publishers make their money by selling books, not printing them and locking them away. If bookstores don't order the books and put them on their shelves, that isn't the publisher's fault.

      3. "You are ignorant and naive. First the right's holders for most copyrighted works cannot be found, so there is no way to ask them and the cost of tracking down the right's holder for every single work would cost more money than anyone, and I do me an anyone has. Second, while most authors are happy to have Google index their works, most copyrights holders for books are large publishers whose business model (market and distribution lock-in contracts) are threatened by Google's work. Hell they specifically are trying to force Google to an opt-in scheme so their works don't have to compete on equal footing with the large percentage of works that are not in print (but still copyrighted) and are otherwise unavailable to most people. Basically, they want most copyrighted works to be unavailable to most people and that is ethically unconscionable and diametrically opposed to the intention of copyright law and the good of the people."

      Well, no, I'm not ignorant or naive. You, however, are appearing ignorant and vicious. Number one, if you want to contact the original copyright holder of a book for permission, you write a letter to the publisher, and the publisher takes care of the rest. Contacting the copyright holder costs nothing more than postage. Number two, there is a pretty even spred of copyrights held by individuals and by organizations. Third, publishers want to prevent other people from publishing copyrighted works when they hold the publication rights -

      --
      Robert B. Marks
      Author, Demonsbane in Diablo Archive
    5. Re:To pre-emptively tackle some arguments here... by Garwulf · · Score: 1

      I heartily recommend that you read Battle Cry for Freedom, by James McPherson. The first few chapters deal very specifically with how Jeffersonian democracy became obsolete. Yes, banking and credit was involved. But so was slavery, industrialization and its issues, the urbanization of the population, and issues over state rights. It very much comes down to Jeffersonian democracy becoming obsolete in the 19th century.

      (And by the way, you might really want to make sure there's actually an article on the website you reference when you post it here.)

      --
      Robert B. Marks
      Author, Demonsbane in Diablo Archive
    6. Re:To pre-emptively tackle some arguments here... by Garwulf · · Score: 1

      I'm afraid you've got quite a bit wrong here.

      First of all, I'm not against the idea of what Google is trying to do. Frankly, I think it's a very good idea. I'm against the fact that they didn't bother to ask permission before scanning. It's the method I object to, not the end result. Please keep that in mind.

      Second, it is called the Berne Convention For The Protection Of Literary And Artistic Works, and I have read the pertinent parts of it. And no, what Google is doing is NOT legal under Article 10, which covers fair use. The specific violation is in subsection 1: (1) It shall be permissible to make quotations from a work which has already been lawfully made available to the public, provided that their making is compatible with fair practice, and their extent does not exceed that justified by the purpose, including quotations from newspaper articles and periodicals in the form of press summaries. Scanning in an ENTIRE book is not compatible with fair practice. An argument can be made in regards to how that work is presented, but since the entire book is basically made available even that is a tenuous argument.

      (Important point, though - I am a writer, not a lawyer. Better minds than mine are already working on this issue in this case.)

      Third, this is not a typical FUD attack. Google is honestly in the wrong in regards to its methodology.

      Fourth, you have the history of the Berne Convention wrong. The text most often used is the Paris 1971 text, but the original convention was ratified in Paris on September 9, 1886, and most recently revised in Stockholm in 1967, and amended in 1979. The United States became a signatory on March 1, 1989, and the original copyright legislation in the United States was, as is frequently pointed out on this forum in the original draft of the U.S. Constitution. My country, Canada, became a signatory in 1928.

      --
      Robert B. Marks
      Author, Demonsbane in Diablo Archive
    7. Re:To pre-emptively tackle some arguments here... by 99BottlesOfBeerInMyF · · Score: 1

      In what country are you referring?

      The U.S., where this lawsuit is taking place.

      As far as I know, every work published in the United States has to be registered with the Library of Congress, and a copy provided.

      It was two copies up until the 70's. That law has changed and no reference copies are now required and all works are copyrighted by default.

      Project Gutenburg is bending over backwards to get old books published online, and publishers like Penguin and Everyman make their bread and butter on classic books.

      Of all the books the law currently makes it illegal for me to copy, what percentage do you suppose are available for sale in the U.S. either new or used for a reasonable price (i.e. not as a rare collector's item worth thousands)? Would you care to bet that it is more than 1% ?

      However, fair use does not extend to the scanning and reproduction of entire books online, and a book is not an image.

      The fair use doctrine makes no mention of the type of work, whether an image or a book and has been held to include copying entire works in some instances.

      You know, this reminds me of the rhetoric in Mein Kampf, by Adolf Hitler.

      By Slashdot tradition, the first person to mention Hitler automatically loses the argument, but I'll let you slide this once.

      great works are NOT erased from the public consciousness by publishers - in fact, they tend to be published and republished again and again. A good chunk of Penguin Putnam's line is great literature.

      Great literature they have reformatted, added a preface to and are now claiming copyright over even though the work itself predates copyright? They republish so called classic works, but once a modern work is no longer profitable it is shelved and is not available for purchase. You don't see anything wrong with the vast majority of books being unavailable to the people either for purchase or for free? You don't see any harm in a publisher deciding wholly based upon the current profitability of a work what works should and should not be available to the public? How many great works in the past would have never been recognized as such and distributed to people worldwide for the enrichment of all humanity if they had not gone out of copyright and then were distributed for free? I can think of several works right now. What works don't I know about because they were out of print 40 years before I was born, but are still illegal to distribute for free?

      This may come as a shock, but publishers make their money by selling books, not printing them and locking them away. If bookstores don't order the books and put them on their shelves, that isn't the publisher's fault.

      No it isn't their fault for bookstores not ordering them. It is their fault for lobbying for longer copyright terms and denying those books to the public for free. It is their fault for not making them public domain when they stop selling them solely so that they don't have to compete with those works. It is their fault for making books unaccessible by using unjust laws to restrict my free speech right to reproduce that work even when they do so only to make the slightest of profit, despite the harm it causes.

      Number one, if you want to contact the original copyright holder of a book for permission, you write a letter to the publisher, and the publisher takes care of the rest.

      In the U.S. all works are copyrighted, even those with no copyright information registered anywhere. What about publishers that are out of business. What about authors that are long dead? The majority or works copyrights are held by unknown parties.

      there is a pretty even spred[sic] of copyrights held by individuals and by organizations.

      Ahh, but then their are certain companies that own a disproportionate number of copyrights.

      If you had bothered to read all of my post, you would have seen that I specifically raised the issue of fa

    8. Re:To pre-emptively tackle some arguments here... by bgalbrecht · · Score: 1

      1. If Google loses the case, they'll do what Yahoo! is doing, and switch to an opt-in process. And if the publishers are smart, they'll all opt-in.

      2. Why is it flawed? If 99% (and I'm not saying that's the correct percentage) of all copyrighted material is commercially unviable after 14 years, why do we really need to maintain copyright for lifetime+70 or 95 years (commissioned work) to ensure that 1% can make money? Furthermore, if this is determined to be fair use in the US, and other countries object, they can contest it through WIPO. The US may be a signatory of the Berne Convention, and modified its copyright term for international treaties, but that doesn't mean that the US has codified the concept of moral rights in its copyright laws.

      3. The main issue here is whether Google's claim that this is fair use is a correct one. If it is, by using the 4 criteria used in the US to make that determination, then Google legally doesn't need to have and opt-in or opt-out program, at least in the US. As to morally, I guess it depends on whether one considers copyright to be a moral right of an author, or if one considers copyright to be a time-limited monopoly granted to promote the creation of new works. If one views it as the latter, and that this is a fair use, then there's no moral obligation for Google to do anything.

      I don't know what the right way to protect copyright in the digital age, but I'm sure it's not by continually increasing the term of copyrights.

    9. Re:To pre-emptively tackle some arguments here... by rolfwind · · Score: 1
      You know, this reminds me of the rhetoric in Mein Kampf, by Adolf Hitler. You've taken half-truths and spun them out of control and used them to justify the injustifiable. Great works are NOT erased from the public consciousness by publishers - in fact, they tend to be published and republished again and again.


      Astounding man, Godwin's law reached in record time!

      Congratulations! I'll stop reading now.

      http://en.wikipedia.org/wiki/Godwin's_law
    10. Re:To pre-emptively tackle some arguments here... by Anonymous Coward · · Score: 0

      since the entire book is basically made available

      NO IT IS NOT. Only excerpts are made available publicly, unless the book is public domain or Google has the author's permission.

      Basically, Google went to the library and read the books. You can do this yourself. It is legal.

      Google is presenting excerpts of these books to users. Under the quote you just posted, this is legal.

      On the ethical side:

      You say Google should have asked permission. Should they ask permission from every web page author before indexing those pages? Of course not! Such a requirement would be prohibitively expensive or would vastly reduce the engine's coverage. The same is true of Google Print. There is simply no way that Google Print could be comprehensive if Google had to ask for permission to use each book, even if every author said "yes".

      BTW, have you ever heard of a web page author suing Google for indexing their page? Of course not! Most web pages depend on Google indexing them.

      These publishers are essentially suing Google for providing them free advertising. I find it pretty ridiculous.

  38. books are long :) by Anonymous Coward · · Score: 0

    as a student, i would probably only use this system to look up certain passages and the like. if im going to use a couple paragraphs out of a book, im not going to buy it. seriously, who is going to sit and read an entire novel on their computer?

  39. Penguin are IP nazis by pubjames · · Score: 3, Interesting

    Penguin have a good reputation in the UK. However, I found out that they actually use every legal means to protect IP as their own, even when legally that IP is legally in the Public Domain.

    Case in point - Beatrix Potter - the cute bunny children's stories - Penguin owns the company that publishes Beatrix Potter books.

    Nearly all of these stories are in the public domain, and even a lot of the artwork. However, you try to publish any of it... They have trademarks on all the character names and images, so although the copyright is public domain, the character names count and images count as trademarks of the company so you can't use them.

    Doesn't seem right to me that a company should be able to prevent public domain works being published because they have trademarked the character names...

    1. Re:Penguin are IP nazis by GigsVT · · Score: 1

      It's more of the fuzzing of the lines of trademark law. Red Hat is guilty of the same crime.

      Used to be, trademark only applied if you attempted to use the name in trade. Hence the name trade-mark. Companies have taken it a step further though, asserting copyright like powers through trademark law.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    2. Re:Penguin are IP nazis by cpt+kangarooski · · Score: 1

      That's odd. Wouldn't work in the US, though.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    3. Re:Penguin are IP nazis by jabuzz · · Score: 1

      Welcome to the new world where effective perpetual copyright exists for all popular works through the instrument of Trademarks. I realized this a couple of years ago myself.

      I also suggest going to Google Print and doing a search on the term "Elizabeth Bennet". Now Jane Austin died in 1817, so this book has been out of copyright for well over 100 years. However the first version of the novel that Google Print throws up published by Penguin no less requires one to sign on to see the text. I can accept this for the commentry at the start of the book, but for the text of the novel itself!!!

  40. Fantasy of mine... by LeonGeeste · · Score: 1

    I know, this is just dreaming, but it would be so cool if any time some ***hole tried to misuse some legal protection to screw Google over, Google would announce to the world:

    "We are temporarily discontinuing Google search, mail, adwords, and all other features while [president of ***hole company suing Google] remains alive because we don't want to infringe on his rights."

    Then, if that person happens to get shot, hey, they had nothing to do with it, they were just trying not to violate his rights!

    --
    Rank my idea: http://www.sinceslicedbread.com/node/531
  41. Rankine 911 by tepples · · Score: 1

    Rankine 911 is within a degree of Fahrenheit 451. Take that, Michael Moore.

  42. Sonny Bono owns you by tepples · · Score: 2, Insightful

    There is gutenberg project which is slowly converting Public domain text into the digital platform but doing it w/o violating the copyrights.

    What happens to PG once all notable English-language works first published on or before December 1922 have been scanned and digitally republished?

  43. Demand for books is far less than music by Simonetta · · Score: 1

    While hundreds of millions of songs have been downloaded and shared, only a few hundred thousand book files have been. There simply isn't the demand for books and literature that there is for music files.

        For example, I scanned and OCR'ed several of my favorite books and made the files available on Kazaa. Years later, there hasn't been one single download of the book files in ASCII that I've put on Kazaa. People simply aren't interested.

        The published book format is a culture that will not transfer to the Napster-Kazaa file-sharing people. The book publishers are totally clueless and are talking nonsense when they say that millions of copies of a book title will not be sold if the book's text is available for free on-line. They are projecting a paranoia over a non-existent phenomenon (massive book file-sharing in the magnitude of music file-sharing).

          The book-buying community is completely different from the music-buying masses. It has different income levels and social perspectives. Even if published books were forced to be distributed for free by mandated law, the book community would still create ways to financially compensate the authors and publishers. Not much compensation, but enough to maintain the culture and community. The only reason why copyright pirates would mass distribute copies of book-text files without paying copyright fees would be to gain social prestige, and copyright pirates are focused on making money discretely, and not any form of social climbing. And this is more so the further that one gets away from Hollywood.

          Even without going into the issue that no one likes to read books on the computer screen or laptop, the idea that having book text available for download will severely affect the (limited and tiny) profitability of the book publishers simply doesn't make sense in the real world. The threat simply doesn't exist. The ability to have 10,000 titles of book text on a 40 cent DVD-ROM will complement and enhance the book market, not destroy it.

    1. Re:Demand for books is far less than music by karnal · · Score: 1

      It's funny though - I'd bet that the reason you haven't had any downloads of your favorite books is twofold:

      1. The books you find to be "favorite" either aren't mainstream enough, or people don't have the same tastes. This, of course, is debatable on so many different levels, and isn't my key argument.

      2. The few people (like myself) who have searched for books, get disappointed when they can't find exactly what they want, when they want it (as opposed to MP3 files, of which there is an almost limitless selection to choose from, comparitively speaking...) so the searchers never bother to visit *insert name of popular file sharing app here* for books again.

      That's just my thoughts though.

      --
      Karnal
    2. Re:Demand for books is far less than music by Oligonicella · · Score: 1

      No, Simonetta, you're missing the point. The author and the publisher as his/her agent has the right to determine dissemination. Not you, not Google, not anyone but they.

    3. Re:Demand for books is far less than music by bypedd · · Score: 1

      In terms of accessibility, however, scanned books are absolutely the best way for the visually impaired to read books. Audiobooks are fine for casual reading, but when you need to quote for a research paper or gather statistics, you really want it in digital format. Bookshare has made a very good start in allowing access to copyrighted material for people with disabilities (which is a subsection of national copyright (or disability?) law), but it's not going to be nearly as comprehensive or as accurate as a company like Google doing the scanning and posting.

  44. Imagine a web without Google. by tepples · · Score: 1

    And, if they are stopped by these lawsuits, it will NOT bring the world to a halt

    Really? The majority of public web searches are performed through Google. If Google is successfully sued and is ordered to pay $150,000 statutory damages per infringed work, then Google may have to liquidate all its assets and close down. How can the World Wide Web as we know it keep going without Google Search?

    1. Re:Imagine a web without Google. by psykocrime · · Score: 1

      How can the World Wide Web as we know it keep going without Google Search?

      Google is no longer significantly better than any of the other major search engines. Yahoo, MSN, A9 and probably numerous others offer equivelant capabilities. If Google closed down tomorrow, it wouldn't mean much for the 'Net as a whole.

      --
      // TODO: Insert Cool Sig
  45. What happens when Google+Gutenberg catch 'em all? by tepples · · Score: 1

    William Shakespeare, Charles Dickens, HG Wells, Jules Verne ...

    HG Wells's books are still under copyright in life+70 countries. Even ignoring this, what happens when almost all books first published in the United States on or before December 1922 have been scanned? Will the public domain ever become larger?

  46. Not really by Anonymous Coward · · Score: 0

    If they force the system to require opt in .. they won't have competition from books whose authors and publishers can't be located (international? independent? dead?) or are unaware. And maybe that's the strategy after all.

  47. alt.binaries.e-book or #bookz on Undernet by Anonymous Coward · · Score: 0

    I get my books from either alt.binaries.e-books or #bookz on Undernet.

    It's hard to beat the variety, or the price for that matter.

    Further, I put hundreds of these on my Palm and read wherever I am.

  48. Even with a "Chastity Bono Act"? by tepples · · Score: 1

    [PG] have something like 16,000 books and counting.

    How long can this "counting" continue given the effects of the Sonny Bono Copyright Term Extension Act of 1998 and the expected Chastity Bono Copyright Term Extension Act of 2018? Isn't there a finite, now-unchanging set of notable books in the English language that were published as of New Year's Eve 1922? How large is that set?

  49. Google Print is not evil (PITA to use, mebbe) by Bimo_Dude · · Score: 2, Informative
    I don't think that Google is going about it the wrong way. In fact, I think that the publishers are just trying to be like the *AA. I just played around with Google Print and found that Google does not, in fact, post the entire book. From their FAQ:
    6. I'm already logged in. Why are you telling me the page is unavailable?

    As part of our efforts to protect a book's copyright, a set of pages in every in-copyright book will be unavailable to all users.

    I discovered this as I tried to read parts of a fairly recently (2004) published book. In addition, the pages of the books are images, and you have to click to read each page. Also, you cannot skip to a specific page in the book, like in a physical book. That would be a real pain in the ass for anybody who wants to read a whole book.

    The publishers are freaking out about nothing. This is a tool that will increase book sales, not decrease them. More of a "teaser," if you will. This is not evil.

    --
    "Teleporting Rodents with D-Cell Battery Displacement" theory -- IgnoramusMaximus (692000)
  50. EvP by Mandrel · · Score: 1

    That's not my experience. Electronic form saves desk space, and allows easy searching, linking, and copy-pasting. I only wish I had a second monitor to avoid having to switch virtual desktops.

  51. What a load of twaddle by jmichaelg · · Score: 2, Insightful
    Copyrights are particualrly evil because they have the effect of stealing away our culture and giving it to hollywood.

    You're forgetting that if the author isn't protected from theft, he/she will be less inclined to produce the culture that's being "stolen." Creation takes work and that work needs to be compensated otherwise it'll cease. Slavery arises when a man is required to work for nothing which from the jist of your post, is exactly what you think creators should be paid. After all, it costs them nothing to duplicate their work so why pay them?

    It's not the protection from theft that's evil, it's the theft itself that's evil.

    1. Re:What a load of twaddle by Phurd+Phlegm · · Score: 3, Insightful
      Copyrights are particualrly evil because they have the effect of stealing away our culture and giving it to hollywood.
      You're forgetting that if the author isn't protected from theft, he/she will be less inclined to produce the culture that's being "stolen." Creation takes work and that work needs to be compensated otherwise it'll cease. Slavery arises when a man is required to work for nothing which from the jist of your post, is exactly what you think creators should be paid. After all, it costs them nothing to duplicate their work so why pay them?
      You couldn't be more right. If Steamboat Willie weren't protected by copyright in perpetuity, Walt Disney wouldn't produce any more cartoons. Of course, he's been dead for years.

      Inventors get seventeen years (actually it varies) of protection. Is there a reason that authors need "lifetime plus 75 years"? I have only the greatest respect for authors (with some exceptions...) but I think the transistor, antibiotics, and the airplane have more of an impact on my life than Gore Vidal and Dave Barry.

      Many of the works that are currently on the shelves will NEVER go into the public domain. And there is one thing authors need more than anything else--people that love reading. A large free corpus is a good way to build that.

    2. Re:What a load of twaddle by argoff · · Score: 1

      You're forgetting that if the author isn't protected from theft, he/she will be less inclined to produce the culture that's being "stolen." Creation takes work and that work needs to be compensated otherwise it'll cease. Slavery arises when a man is required to work for nothing which from the jist of your post, is exactly what you think creators should be paid. After all, it costs them nothing to duplicate their work so why pay them?

      It's not the protection from theft that's evil, it's the theft itself that's evil.

      Theft is not defined by what one gains, but what one looses. The author still has his original copy. Now perhaps his publisher looses a monopoly over market share, than again, perhaps Ford loses monopoly over market share when Toyota enters the market. Perhaps Ford doesn't even have an incentive to make cars unless they have a monopoly over market share. But the taking away Ford's market share certainly doesn't make them a slave. Well the same is true with copyrights, if it costs nothing to "duplicate their work", then that is a compelling reason for them to redirect their resources to something else that has more value for society like live concerts, services, consulting, or whatever.

      About slavery, the 1850's was a classic example of what happens when people take bogus property rights to their logical conclusion. Property rights are not a right to controll other people, but rather to controll limited resources. Society doesn't owe people personal monopolies, and for copyrights in the information age - shouldn't. If a creator is smart enough to impart their knowledge to usefull creations then they should certinly be smart enough to capitalize off of it without microregulating how everyone else in the world uses information at their disposal in the information age.

  52. Google's Response by nmec · · Score: 4, Informative

    Surprised this wasn't in the article but you can read Google's response from Eric Schmidt here.

    1. Re:Google's Response by pmc · · Score: 0

      I read it - very unimpressive.

      spirit of a program which, in fact, will enhance the value of each copyright

      Erm - they are not your copyrights to enhance. I don't care that, in your desire for shiny streets, you wax my car - it is my car, and you have no right to wax it, even if it does enhance the value of the car. (I think that fufills my obligation for car based analogies).

      But, to the meat.

      Even those critics who understand that copyright law is not absolute argue that making a full copy of a given work, even just to index it, can never constitute fair use. If this were so, you wouldn't be able to record a TV show to watch it later or use a search engine that indexes billions of Web pages.

      Apart from the nasty little ad hom. attack at the start, lets have a look at this. He is comparing a single person time-shifting a TV broadcast to a multibillion dollar company trying to copy every book in existance. Your Supreme Court has explictly said that time-shifting is legal - I may have missed the bit in Sony vs Universal Studios that says copying everything in existance is also legal, but I rather suspect that it isn't there.

      "Billions of Web pages". Slightly more interesting - the de facto way that the web works is by copying- you say to web server X "can I have a copy of this page". Stuff not freely available isn't indexed.

      Essentially, as far as a commercial entity goes, indexing freely available stuff is OK (publically accessible web pages, out-of-copyright books) whereas indexing non-free stuff without permission (books in copyright, pay-access websites) is not OK is how I see it.

      The aim of the Copyright Act is to protect and enhance the value of creative works in order to encourage more of them -- in this case, to ensure that authors write and publishers publish.

      Woah! Let's have that again - "protect and enhance the value of creative works". Is that really the aim of the copyright act? I've just checked, and apparently not: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries" as your constitution has it. The aim of copyright (and patents et al) is to promote the progress of science and useful arts by encouraging more works - nothing about enhancing the value of any individual work.

      The mechanism is, of course, the granting of exclusive rights, tempered by the concept of fair use. Complaining that it would be better for all concerned if what Google was proposing was legal is an argument to try and get the law changed, not an argument for pretending it already has been changed.

      The whole page boils down to "Things would be better for everybody if the law was different, so we'll act like the law was different".

    2. Re:Google's Response by Ami+Ganguli · · Score: 1

      I think this might depend on the definition of "copy". As far as I'm concerned, scanning isn't copying. If you scan and then print or display the entire book, then it's copying. Scanning is only half of the process.

      In the case of Google print, only small fair-use-size bits of the book are every actually displayed. Note that this is clearly distinct from other examples of electronic copying (say pirating movies) where the intent is to display the entire work in a way that's obviously not fair use.

      --
      It is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail. - Abraham Maslow
    3. Re:Google's Response by pmc · · Score: 1

      They are definitely copying. Part of their agreement with the University Libraries is the transfer of a copy of the work as payment for copying the work. In the contract with the University of Michigan they explicitly call it a digital copy.

      What they are doing is copying works that are still under copyright, and claiming that because the service that is based on their "digital copy" (their words) complies with fair use, then the full digital copy they made complies with fair use. This is, to put it mildly, illogical.

    4. Re:Google's Response by pmc · · Score: 1

      Oh - what a surprise. Modded down (as over-rated, natch) for expressing mild criticism of one of Slashdot's darlings. The hive mind strikes again.

  53. USian associations... by jotaeleemeese · · Score: 1

    .... normally use the words "American Association" as part of their name.

    --
    IANAL but write like a drunk one.
    1. Re:USian associations... by cpt+kangarooski · · Score: 1

      Actually, RIAA and MPAA use 'Association of America' in their names.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    2. Re:USian associations... by iezhy · · Score: 1

      that must where the evil is coming from :-)

  54. 'Clearly Illegal?' What about fair use? by jjo · · Score: 2, Insightful

    I'm afraid some people are ignorant of the Fair Use limitations on copyright. Berowell must be, if he thinks that the resolution of Google's Fair Use defense is clear.

    Schroeder, on the other hand, knows perfectly well that Google's Fair Use argument is plausible. It won't necessarily win in court, but it is no way a clear loser. Schroeder does what all big publishers do: pretend that Fair Use doesn't exist, and hope that they will get people to abandon their Fair Use rights.

  55. I'm a consumer by RingDev · · Score: 1

    And I wouldn't mind paying a $10 monthly fee to have access to the (completed) Google library. So long as that $10 goes to the authors and editors, not the now defunct publishers who are dragging their feet. Right now, I rairly buy a new book. Terry Goodkind and Rowlings are the only two authors that I actually bother to actively follow. But with paper display e-book and the 'online library' available, I'm sure I would be introduced to other great authors (imagine applying 6 degrees and trending info right in the library). And having case law, peer reviewed journals, etc, scanned and searchable at the touch of a key would be amazing.

    -Rick

    --
    "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
  56. No Infringe. No available books. by DrYak · · Score: 2, Informative

    Except that Google, isn't making the digitzed books available.
    Their project is different from Gutemberg.

    Gutemberg projet, is about making old books freely available online. Because the *FULL* content *IS* distributed online, they restrict to texts that are :
    - either too old and the copyright has expired
    - for author gave explicit autorisation to publish and make freely available to everyone
    - are in public domain for some other reason (obviously, a public speech hasn't a copyright).

    Google on the other hand, make digitised copies of the books, for *themeself*. They do *NOT* publish the *FULL* text, but only small excerpts, to illustrate context of the search results. This is allowed the same way as you're allowed to do citation.
    *NO* ebooks are made available by Google, there's no way this google project could compete with book sales. On the contrary : as pointed elsewhere in this thread, the search results include links to where the full book could be purchased.

    They aren't making any money by *providing pubicly copyrighted texts* (which is piracy).
    They're publishing their own datas (search result) which they obtained by their own mean (keyword search by search engine) by analysing their *private* collection of digitalised books that they keep for them self, apart from a few citation next to search result.

    And these books where obtained legally, by borrowing them from a public instituion (a library) which pays corresponding license to be able to make those books available to the public (either readers, or in this case to Google). No copyright violation, google *can* access them to do their work, because the library pays for such access.

    ------

    Compare to music :
    - You can buy legally CDs.
    - You can do whatever you want with your own CDs, including coasters.
    - You can rip thoses CDs and build your self a digital library of FLACs/OGGs/whatever.
    (I mean *you could*. Copy-protection systems make this very difficult, but in theory, it's perfectly legal).
    - *ONLY* if you made the *CONTENT* available to everyone on internet without paying a license for that, that would be illegal.
    - On the other hand, if some friend asks you on IRC/GoogleTalk/MSN "Do you know how many disc Prodigy has made", you can say "Hold on for a sec", quickly search your library and give an answer. *it IS legal*, as long as you don't make those disc available to everyone to download.

    Same is true for google.

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
    1. Re:No Infringe. No available books. by shimmin · · Score: 1

      Except that Google did not buy the books, but borrowed them, and so they have no right of first sale.

      Their fair use defense is weak, because

      (1) They copied the entire book.
      (2) They did so for a commercial purpose.
      (3) Many of the works copied were creative works.
      (3) Their use of the book is not transformative (in the sense that criticism, scholarly research, parody ... the traditional contours of fair use, are transformative.)

      I will be very surprised if Google can wrest a legal victory here.

    2. Re:No Infringe. No available books. by fncll · · Score: 1

      Thank you! This obvious point seems very hard for people to understand. I hope that publishers lose this one because this will be a big win for everyone, including the publishers who are bringing these lawsuits. Google isn't going to provide the full text, only contextual search excerpts. To read the book, it will still have to be procured, just as it is now. If a publisher allows a summary and metadata to be searched, they should allow this. It is essentially no different in terms of violating copyright protections... it will simply enable a vast increase in the efficacy of search and thus the borrowing and purchasing of books through the same sources used now. Everyone wins.

    3. Re:No Infringe. No available books. by shimmin · · Score: 1

      Well, yes, U.S. Copyright law is different, especially when it comes to libraries. See section 108 if you're interested. In particular, U.S. libraries don't pay photocopying royalties, because libraries suffer no liability for their patrons' use or misuse of library photocopiers, provided the library posts a copyright notice on or near the photocopier. All liability for the use of library photocopiers rests with the library patron.

  57. Not Invented Here! by geoff+lane · · Score: 3, Insightful
    It's not hard to see that the book publishers have been very lax marketing their products. Amazon was a success in part because the online book ordering services from the old publishers were uniformly terrible. Now Google is offering FREE services that will enable the world to discover book content that would be impossible to discover even if you lived in a library.


    Free scan, free search, free marketing. Of course the book publishers would be against it. It might mess up their carefully constructed marketing plans by creating a demand they were previously unaware of :-)


  58. Google Print is not "good" or "honest" either by Anonymous Coward · · Score: 0

    Google is not non-profit. Google is a business.

    "I don't think that Google is going about it the wrong way."

    Where and how did they get the data?
    Restrictions mean NOTHING, it's how they got the data to begin with that is troublesome; that's "the wrong way". The end does not justify the means.

    Why not use synopis (if available) of books instead of scanning the whole thing?

    1. Re:Google Print is not "good" or "honest" either by Bimo_Dude · · Score: 1
      Why not use synopis (if available) of books instead of scanning the whole thing?

      That would defeat the entire point of this project. It gives people the ability to search the full text of [who knows how many] books for a specific string. One could almost consider it a really massive cross-referencing utility when researching any subject. Since people cannot download the whole book, the interface is tedious to use for more than quick searches, text cannot easily be copied/pasted, and some pages of each book are not available, this is not an issue.

      Restrictions mean NOTHING, it's how they got the data to begin with that is troublesome; that's "the wrong way". The end does not justify the means.

      Please tell me what the right way would be. I would really like to know. Here's an idea: why don't the publishers give Google their blessing to do this. Then, the is no perceived copyright issue (see below for why).

      Another thing I noticed while playing around with this: The ads served up by Google in my results, and for the pages of books I viewed were links to buy the book at Amazon, B&N, and BookSense. How does this hurt the publishers and authors, again?

      --
      "Teleporting Rodents with D-Cell Battery Displacement" theory -- IgnoramusMaximus (692000)
    2. Re:Google Print is not "good" or "honest" either by Anonymous Coward · · Score: 0

      "That would defeat the entire point of this project. It gives people the ability to search the full text of [who knows how many] books for a specific string."

      What really does that give you that a well-written synopsis with keywords doesn't? Besides, context is everything. Only seeing a page, paragraph relating to a keyword gives you nothing in my opinion.

      "text cannot easily be copied/pasted, and some pages of each book are not available, this is not an issue."

      Again, yes it is the issue; the book is reproduced SOMEWHERE in it's entirety. Access / protections is not the issue, it's the reproduction itself. It's a fact that Google is making a profit off of the reproduction without explicit consent.

      "Please tell me what the right way would be."

      How about getting permission before doing any of this?
      Or opt-in instead of opt-out?
      Just randomly scanning books without permission is not the "right" way.

      "I would really like to know. Here's an idea: why don't the publishers give Google their blessing to do this. Then, the is no perceived copyright issue (see below for why)."

      That's the whole point! They didn't even ask.

      Look, I'm not against the tool, but build it in the right matter.

    3. Re:Google Print is not "good" or "honest" either by Bimo_Dude · · Score: 1
      That's the whole point! They didn't even ask.

      Hey! I will not be fooled by logical arguments! ;)

      I guess this whole thing has been blown out of proportion by now. I don't know the whole history of this project or of any communication between Google and the publishers. You may be correct in that Google should have asked permission to copy the books like this. Maybe the publishers (if they really understood how this tool can increase their profits) should just give Google permission and drop the lawsuit. Maybe Google can give them some free (or reduced cost) advertising in return.

      Neither side is completely right, nor completely wrong. I hope they work it out without screwing it up.

      --
      "Teleporting Rodents with D-Cell Battery Displacement" theory -- IgnoramusMaximus (692000)
    4. Re:Google Print is not "good" or "honest" either by Anonymous Coward · · Score: 0

      "Neither side is completely right, nor completely wrong."

      Of course not!
      In the end, it's really about two big organizations wrangling about money with the public stuck in between.

      But what I really think scares / upsets the general pubic on both sides of the issue is that:

      1) Google apparantly just went out and started obtaining this information (copied complete works) without permission. Regardless of the end result of what they are doing, that has to make you pause for a moment.

      2) People want easy access to information; the publishers appear to be resisting this on what many people see as a pure profit motivation; and apparantly aren't smart enough to figure the benefits.

      3) Through all this the author(s) have really no say!

      "I hope they work it out without screwing it up."

      So do I.

    5. Re:Google Print is not "good" or "honest" either by julesh · · Score: 1

      it's how they got the data to begin with that is troublesome; that's "the wrong way". The end does not justify the means.

      In copyright law they do. If what Google does with the data is a fair use, then they are allowed to make whatever copies are necessary in order to make that use.

    6. Re:Google Print is not "good" or "honest" either by julesh · · Score: 1

      It's a fact that Google is making a profit off of the reproduction without explicit consent.

      No it isn't. Google is making a profit off giving out small excerpts that almost certainly fall under fair use. The reproduction is merely a necessary step taken to enable them to select excerpts to give to their users.

      Lets consider a more familiar analogy, a TV program that reviews movies. Lots of case law backs up the fact that they are allowed to use excerpts from the movies they review as a fair use of copyright. They make a profit from doing so. During the production of the program, they almost certainly scan the entire movie into a format they can use for editing and then select the excerpts they wish to use. Yet nobody thinks there is anything wrong with this. What's the difference between this and what Google are doing?

    7. Re:Google Print is not "good" or "honest" either by Anonymous Coward · · Score: 0

      "The reproduction is merely a necessary step taken to enable them to select excerpts to give to their users."

      That's the whole point, they wouldn't be able to do what they do without the entire reproduction, which they are doing without consent.

      "Google is making a profit off giving out small excerpts that almost certainly fall under fair use."

      Read my post, they are still copying the entire work regardless of what they show.
      The copying of the entire work does not fall under "fair-use", especially without consent.
      The end doesn't justify the means.

      "Lets consider a more familiar analogy, a TV program that reviews movies. "

      Once again, this is faulty, the TV program does not reproduce the movie in it's entirety. It doesn't matter that they only show clips; it's the reproduction that matters. TV programs don't allow users to search through a movie interactively either.

      Get it through your head; it's not what the end result of what they are doing that is concerning; it is how they are going about it.

      I'm not arguing about the tool; I'm arguing the methods.

    8. Re:Google Print is not "good" or "honest" either by julesh · · Score: 1

      You've not been reading what I said: the end result is all that matters in determining what is fair use. Internal copying that happens solely for the purpose of performing an otherwise legal use of the material is considered legal, as long as the copy has no intrinsic value in and of itself -- this is a general principle of copyright law. As google are not providing complete copies, the copy on their database is such a copy; what has value is the service that is provided using that copy.

  59. Google is doing EVIL.... by ebtebee · · Score: 2, Insightful

    Creating a digital library is different than a public library. In a public library, the library pays for the books and the authors earn money over the purchases, while in Google's digital library people are going to read the books without paying and so the authors dont earn from it. I agree that some of the books are overpriced but making digital copies is not an answer. Google is doing EVIL here and i think they should come up with a mutual solution with the publishers and the authors. Digital library is a very good idea but should not be unfair to anyone.

    1. Re:Google is doing EVIL.... by rlthomps-1 · · Score: 2, Informative

      So I'll ask, do you have any clue what you're talking about?

      The only books displayed in full-text were those in the public domain (out of copyright). You only got exerpts of books that were copyrighted. But that's not the heart of the case. The publishers are suing google over the index they're creating, scanning the books and making a copy for themselves without clearing copyright. They're not doing evil, there's legitimate issues here, like whether or not this index a legit extention of the library's ability to lend books (i.e. doctrine of first sale).

      Furthermore, I'd ask you on a higher level, how is it evil to make all the world's knowledge easily accessible to all? Sure there's some copyright issues here, but are you really ready to take the side of the book publishers that want to profit from keeping the world's knowledge scattered and inaccessable?

      What are the book publishers doing to advance the possibilities in our digial world?

  60. Economics 101 by Apple by ebooher · · Score: 1

    Maybe Google just wants to be the next Apple. Get the content partially done. Start talking to publishers behind closed doors and release the bPod. The first eBook reader that works well enough to catch the general public attention.

    iLibrary will let you read all your books on your computer, and will automatically sync with your bPod to download new stories.

    Then, about a year after the introduction of iLibrary they will introduce NewsPodding. The ability to get news and journals directly to your bPod.

    It's coming.

    --
    "Genius may shine aloof and alone, like a star, but goodness is social, and it takes two men and God to make a Brother."
  61. Re:'Clearly Illegal?' What about fair use? by burris · · Score: 1

    1. What is the character of the use? In this case, it is commercial. Google is making copies so they can profit from the work. Strike one.

    2. What is the nature of the work? For the most part it's original works of creative authorship and not so much compilations of facts. Strike two.

    3. How much of the work is being used? From what I understand, Google is scanning the entire book, cover to cover. Strike three, and a big one.

    For the first three tests, this is definitely not fair use. Add to that the active permissions market for books.

    4. Does this type of use effect the value of the works or the potential of new markets for the works?

    Everyone says this helps sell books. Yes, it does. However, if Google and everyone else is allowed to do this then it probably will impact the ability of publishers to effectively operate ther own search engines for their own works. Further, even if it helps, there is an active permissions market for making copies of books that Google ignored. Indexing and searching of books is not a new concept.

    I don't think it looks very good for Google.

  62. Speaking of twaddle.... by cpt+kangarooski · · Score: 3, Informative

    You're forgetting that if the author isn't protected from theft, he/she will be less inclined to produce the culture that's being "stolen."

    Yes. But so what? The goals of society are to both encourage the creation of works and to have those works be in the public domain. While we can cause a lot of creation to occur by slightly delaying entrance into the public domain, and only granting a modicum of protection even during that initial period, there does come a point of diminishing returns. In fact, we eventually reach a point where granting more protection reduces the amount of creation.

    So there will always be unprotected authors, because some works just aren't worth protecting to the extent that it would take to cause them to be created.

    Furthermore, we should be responsible with copyright policy. We should provide no more incentive than the minimum amount necessary to get the maximum amount of net public benefit (i.e. the benefit of creation minus the harm caused by their not being in the public domain). To provide more of an incentive would be wasteful.

    Slavery arises when a man is required to work for nothing which from the jist of your post, is exactly what you think creators should be paid.

    Failure to give artists an economic incentive to create works is hardly comparable to forcing them to create. If artists aren't incentivized, they can be accountants or something. There's no one cracking a whip over them, so please stop with your useless hyperbole.

    It's not the protection from theft that's evil, it's the theft itself that's evil.

    It's not theft, and neither is evil. Copyright is utilitarian and essentially amoral.

    Although if there were a moral component, it'd be in favor of pirates, who spread and enjoy knowledge and help ensure that works will survive, as opposed to authors, who act as gatekeepers.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    1. Re:Speaking of twaddle.... by Anonymous Coward · · Score: 0

      If you dig a ditch for a living, and your boss told you that your ditch should be free since it's providing drainage for the public roadways, you'd tell him he was full of crap. Even though something is for the public good doesn't mean it should be free. Even museums charge an entry fee. Yet you have this idea that an author, after putting X number of hours into a book, is evil for asking to be paid for his work. Get off your high horse and realize that it is his right to ask for compensation for his hard work. No different then the man who digs the ditch.

    2. Re:Speaking of twaddle.... by cpt+kangarooski · · Score: 1

      And the author and ditchdigger are both free to do something else if they don't like the framework set up around writing and ditchdigging. No one is forcing them to work at a particular job.

      The public is willing to grant copyrights, but only as it sees fit, and only for its own ultimate goals. If an author can work with that, then that's great. If not, well, that's how things go.

      Authors can ask for compensation. Whether they can get it or not depends more on everyone else, since they're the ones that get to decide whether it will be given.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    3. Re:Speaking of twaddle.... by JesseMcDonald · · Score: 1

      If he did the work without without any assurances that he would be paid afterward (a contract of some sort), then it's his own fault that he did the work for free. No one has an inherent right to require payment in the absence of any prior agreement. That is what contracts are for. If you want to be paid for something, find someone (or multiple "someones") who will value your efforts, and convince them to enter into a binding contract for payment on completion of the work. This rule applies as well to creative products as to anything else, but for some reason all the writers, artists, and performers try to do things in reverse.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    4. Re:Speaking of twaddle.... by jmichaelg · · Score: 1
      The goals of society are to both encourage the creation of works and to have those works be in the public domain.
      That's true but only after a period in which the author has had an opportunity to be compensated. That's why copyrights exist - to foster the creation of new works with an eye towards the betterment of society at large.

      We should provide no more incentive than the minimum amount necessary to get the maximum amount of net public benefit (i.e. the benefit of creation minus the harm caused by their not being in the public domain). To provide more of an incentive would be wasteful.
      I agree completely. The current implementation of 75 years is wasteful but the original poster was arguing that copyright shouldn't exist at all and that it's a form of slavery. It's that point I was responding to.


      Although if there were a moral component, it'd be in favor of pirates, who spread and enjoy knowledge and help ensure that works will survive, as opposed to authors, who act as gatekeepers.

          Piracy is a degenerate act - it requires little effort and has the negative effect of discouraging creation. If you want a society in which people create new bodies of work, you have to reward them. It's foolhardy to think that artists will create new works without regard to how they will feed and house themselves.

    5. Re:Speaking of twaddle.... by cpt+kangarooski · · Score: 1

      That's true but only after a period in which the author has had an opportunity to be compensated. That's why copyrights exist - to foster the creation of new works with an eye towards the betterment of society at large.

      No. It's not necessary that the author has an opportunity to be compensated. Only that the aforementioned societal goals are maximally satisfied.

      Piracy is a degenerate act - it requires little effort and has the negative effect of discouraging creation.

      It doesn't discourage creation. It just fails to encourage it economically. Also, effort isn't relevant. Some pirates work hard. Some authors don't work hard.

      If you want a society in which people create new bodies of work, you have to reward them.

      Of course, copyright is hardly the only way of doing so, and only provides at most one sort of reward.

      It's foolhardy to think that artists will create new works without regard to how they will feed and house themselves.

      And I don't expect them to, although this has been known to happen. But I also am unwilling to provide economic incentives for every artist and their work. I don't care at all for helping artists for their own sake. I just want their works, freedom with regard to those works, and the least possible cost, if any, in order to accomplish this.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    6. Re:Speaking of twaddle.... by jmichaelg · · Score: 1
      I also am unwilling to provide economic incentives for every artist and their work.
      Unlike Europe, you only need pay for the works you take. You're not providing incentives for every artist, just the artist's whose works you take.

      I just want their works, freedom with regard to those works, and the least possible cost, if any, in order to accomplish this.
      That's fine as long as you don't steal the work. Theft means either taking a copy without paying for it or making copies and selling them without compensating the creator.

      If you want creative works, you have to pay for them. While copyrighted, they're not yours for the taking. Even if you are a lawyer.

    7. Re:Speaking of twaddle.... by cpt+kangarooski · · Score: 1

      No, no, I'm talking about policy. There is no need to grant copyrights on all works by all artists. We should try to limit grants of copyrights to only those artists that otherwise wouldn't create the works in question, and limit the degree of copyright to the minimum that gets them to create those works.

      It's perfectly fine to take a work without paying for it if it is not copyrighted, and we should not grant copyrights indiscriminately.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    8. Re:Speaking of twaddle.... by jmichaelg · · Score: 1
      I agree that granting copyright without any action on the creator's part is absurd. If the creator thinks the work's worth protecting then it should be up to the creator to apply for a copyright. The original 14 years was plenty of protection, and given today's accelerated market, a shorter time frame would probably serve as well. When the original 14 years was arrived at, people moved stuff by horse.

      It doesn't strike me as feasible to have negotiable copyright lengths. I certainly don't like the idea of some clerk negotiating on behalf of the government as to what the minimum incentive would be. What might make sense is to require reapplication every year for a limit of up to 14-20 years. Once the revenue stream declines to the point where it's not worth enforcing the copyright, the copyright would lapse within a year.

    9. Re:Speaking of twaddle.... by cpt+kangarooski · · Score: 1

      I think we're pretty much agreed on these points then.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  63. is copyright violation the reason or the club? by blackest_k · · Score: 1

    I think copyright violation is just the club to use on google and not the real reason.

    from what i can tell google indexes both copyright in print books and public domain and orphaned works.

    for an in print book google is great for publishers - bigger audiences for their catalog more sales. This is the upside and they like amazon for this reason.

    however the biggest fear is the public domain given 3 books about a subject 2 in print (extracts available) and a third freely available, which book will you look at first. Isnt it obvious the public domain book will get looked at first if its not good enough or suitable then the published in print book gets a look in.

    project gutenburg is great but in googles site you get the whole cake one place to start your search. amazon knows nothing of public domain gutenburg knows nothing of copyrighted books bringing both area's to the search engine on the same page its great for all us readers. Google doesn't sell books so it doesnt harm them if a sale is made or not.

    there are parallels here with downloadable music sites like itunes no public domain there either is there?

    Publishers know there is a limit to what we can consume and if we consume the free stuff then there is a smaller market for the stuff we pay for.

    personally when i study i like to use the pdf in parallel with a paper copy. A computer to search and a piece of paper to read.

    Finally if it wasn't for greed the publishers could make a quiet killing by offering pdf copys immediately of any of thier back catalogue and printing when demand has made it profitable. nice to be able to presell a print run

    We want books we make do with electronic copies.

  64. If Google loses these lawsuits.... by Anonymous Coward · · Score: 2, Interesting

    ... could it spell the end of search engines?

    If Google loses these lawsuits, can I then sue Google for caching [and copying] my website without my permission?

    If not, what is the difference? Whether I create my copyrighted work in physical book form, or in digital web form, it's still copyrighted. What is the difference?

    The logic Google is following for Google Print appears to be established reasons why a search engine can scan, cache and allow people to search websites.

    Now, I believe Google is in the right, however if they told they are wrong it could open the pandora's box and thus increase lawsuits from greedy people....

    -Z

    1. Re:If Google loses these lawsuits.... by hacksoncode · · Score: 1
      If Google loses these lawsuits, can I then sue Google for caching [and copying] my website without my permission?

      The huge difference here is that the architecture of the web implies (inherently) consent to make copies (many of them, in a large number of places strewn around the net) when you download the page in the first place.

      It's really easy, if the web site owner wishes, to have an alternate license that says: "members of the public other than search engines are allow to make copies of this". It's called a robots.txt file. Otherwise the legal presumption pretty much *has* to be that copying is allowed.

      Now... caching and replaying on demand is an interesting argument, but the architecture of the web again indicates that this must be allowed, because it's part of how a page is "normally" downloaded by individual members of the public, in fact I would hazard to say that probably the majority of times that a random person downloads a page it's actually coming from a cached copy somewhere along the network (mostly because I really doubt AOL fails to do this).

      If a website wanted to prohibit caching, there might not be any technical way to do it currently, but let's suppose they succeeded. They'd pretty much fall off of the majority of the web, because ISPs have such powerful incentives to try to cache as much as possible, at least for a short period of time. You're welcome not to allow copying of your stuff. Just don't put it on the web, because its architecture can't prevent, and in fact encourages, third party copying.

  65. They are not that type of filter! by bluGill · · Score: 1

    Publishers are not that type of filter. They need to make money. The ecconomics of publishing means a popular auther will have a best seller with absolute garbage. An unknown author will sell essentially nothing with the best book written that year.

    There are many good authors who are unknown. More than the publishers can publish in fact if they are to make money. So they publish the garbage to make money, and try to find room in the budget for a good novel that will not make money. (Publishers tend to be readers, so they are willing to make investments in authors that are unlikely to become popular. They need to get the popular stuff out first though, because they need to eat.

  66. It is right - fair use by bluGill · · Score: 1

    Google is not infringing on copyright. There are fair use rights that apply to everything. You can take a small part of any text you want and copy it in any way you want. So long as the amount you copy is tiny in comparison to the whole work you are just fine.

    The media is trying to assert a right that they do not have.

    Now if Google was not only making copies, but in anyway making them available as a whole, that would be infringement. They are not though, all their copies are incidental consequence of their indexing. Google is betting (and likely right) that that courts will see it this way.

  67. Opt-in = enormous quantities of lost knowledge by Anonymous Coward · · Score: 0

    Yeah, but if the engine is opt-in, then it's very nearly ineffective. Most of the world's books are both still in copyright and have copyright holders who are difficult or impossible to locate. These books are effectively lost to any kind of effective search engine if you require opt-in.

    Plus, you wouldn't argue that Google web search should require that web page authors opt in ... would you? Because there's no real difference between these two cases.

    1. Re:Opt-in = enormous quantities of lost knowledge by Oligonicella · · Score: 1

      Well, you're oblivious to the obvious difference of web-page authors having placed their work in public view for free then, ain't ya?

  68. How CAN evil, evil Google get away with this? by Anonymous Coward · · Score: 0

    They are carrying out the greatest copyright violation in the history of...well...all of history. What possible argument can they have in their favor? I can't even see where they'd start such an argument and I can hardly imagine a more clear cut case against them. Copying web pages wholesale can hardly be called "fair use" and they're using the copyrighted text to drive up hits on their ads. I think www.google.com is a great tool, I've just found a few useful web pages with it myself, but I don't think they have a legal leg to stand on. If I did the same as them as an individual I'd be considered a copyright thief.

  69. Watch me stand against the groupthink tide by heinousjay · · Score: 1, Interesting

    Excellent rationalization. This is a nice murky gray area for you to have a swim in. Funny how copyright law never mentions 'the look of the bookshelf' as a valid reason for ignoring its provisions. Just admit you've done something wrong, and forget trying to make your greed into some sort of heroic stance against 'the man' for not producing the format you want yet.

    I don't grudge anyone piracy - everyone is a thief at heart, especially when they can get away with it easily. Greed is just a fact. What I can't stand is the constant need to have this illicit behavior validated by others of questionable moral character.

    Go ahead and mod me down - it doesn't make me wrong, just unpopular.

    --
    Slashdot - where whining about luck is the new way to make the world you want.
    1. Re:Watch me stand against the groupthink tide by MaestroSartori · · Score: 1

      Well thanks, but it's not a murky area at all. It's completely black :)

      Thing is, I know what I've done is illegal/law-breaking in a technical respect. There's no disputing tha t I've infringed copyright like a one-eyed peg-legged person. But you're either ignoring my point or haven't seen it. I'm a pirate, yes, but also a consumer. I'm not saying people should be allowed to do what I've done, or that it's right in some way. I'm just trying to explain *why* I've done it! I have consumed the publisher's product for some time, have shown my willingness and ability to pay, and wish to do so again. That I cannot do so at this time is down entirely to them. As soon as I'm able, I will buy the book, and all will be well in the world.

      Maybe I'm just a really compulsive person, but it ticked me off quite a bit when they changed the cover design of the paperback. I've got 6 books with one cover design, and 5 with the new design, and that annoys me. Having 11 books of one size and one of another would annoy me equally.

      I'm not making excuses. I'm giving my reasons. There's a subtle difference :)

    2. Re:Watch me stand against the groupthink tide by Anonymous Coward · · Score: 0

      I'm not making excuses. I'm giving my reasons. There's a subtle difference :)

      Only for people that wish to rationalize or justify.

      I didn't miss your point. I just don't think it's right.

      Going anonymous because we're getting way off topic here.

    3. Re:Watch me stand against the groupthink tide by Anonymous Coward · · Score: 0

      OK anonymous it is (I feel sneaky now, never done the anonymous thing before!) :D

      The difference between a reason and an excuse (to me) is this: a reason is just an explanation of why you did something, an excuse is an explanation of why you think it's ok or not so bad or not your fault or whatever.

      For instance, saying I downloaded the book because I couldn't buy the paperback is my reason. Saying I downloaded it because I didn't think that was a bad thing to do, or I didnt know it was wrong to do so, would be an excuse. That's just my way of thinking though, each to their own.

      Dangerously off topic, but now I'm rationalising my post and not my actions... ;P

  70. Copying could be fair use by bgalbrecht · · Score: 1

    The whole point of this suit and the one by the Author's Guild is whether Google's copying of the entire book in order to produce 2-3 line snippets on a search engine constitutes fair use. If it is fair use, then Google doesn't need permission, and their opt-out is merely a PR ploy to say "we're not doing evil". Note that for Google to treat a work scanned in for Google Library as a Google Print book (where 20% - 100% of the book is viewable), it requires an opt-in procedure. Since determination of fair use is contingent on 4 points, Google will win or lose based on the court's determination on which points are the important ones. They could say that "yes, Google's copying the entire book, but because it's used to dole out snippets that do not materially adversely affect book sales, it's OK", or they could say "They're copying the entire book, therefore it's not fair use". Neither Google nor the plaintiffs know how the court will rule. Industry groups are notorious for trying to limit technological induced changes to their industries, even when the end result is highly profitable for the industry. You'll no doubt remember that the movie industry was against the introduction of the consumer grade VCR, and we all know how detrimental that was for the MPAA.

  71. Re: spoiler alert (ot again) by BitterAndDrunk · · Score: 1
    It was years ago, so I don't know if it would even be pertinent. IIRC, it was on DragonMount. Work blocks pretty much everything though so I can't verify if that was where I read it.

    The gist of it was a whole "Is Taim Demandred?" thread.

    The evidence was pretty profound:

    • Taim never smiles throughout Lord of Chaos, which is described repeatedly as a character trait of Demandred.
    • Demandred's whereabouts are unknown, nor revealed. But at the end of LoC, he's standing at the Bore and the Dark Lord's laughter echoes, claiming "well done".
    • Taim's knowledge of the Age of Legends is pretty wacky. How/why does he know this?
    • Taim hadn't succumbed to the taint of saidin in any way/shape/form - and he'd been using the power a long time as a false Dragon, if he was who he said he was.
    • The biggest (and most damning) piece of evidence was when Lews takes over Rand with the Seal, and begins gibbering to break it. Taim's look of horror is a pretty profound indicator that he knew what it was and that it would be Bad News to break.
    If you're a fan of the series, I'd definitely do some digging for the archived stuff on this. The evidence was pretty extensive, and I reread LoC for the 4th time just to see it from this perspective.
    The change, to me, seemed very kludgy after getting busted on a plot twist.
    --
    You better watch out, there may be dogs about . . .
  72. Good question by benhocking · · Score: 1

    I never claimed to understand copyright law! Nor would I ever attempt to completely defend it, although I can appreciate the need for artists/authors to get paid.

    --
    Ben Hocking
    Need a professional organizer?
  73. The problem in deciding what to feel guilty about by Create+an+Account · · Score: 1

    But who am I really hurting, since I have the cash in my pocket and am willing to exchange it for something that just doesn't exist yet?

    I know this is a little abstract, but you're degrading the publisher's ability to price discriminate their products. They release the book in different phases because this allows them to hit different price points to different market segments. 'Early Adopters' buy the hardcover because they like the format and/or because they want to have early access to the book. Maybe they want early access because they value the prestige, or maybe (in the case of some technical books and publications) because it increases their ability to compete in their jobs.

    When you download early, you reduce the prestige of having the book early so this reduces the value to the 'early adopters.' This is even more pronounced in technical books and publications. Admittedly, the value lost to each person in the value chain is small, but if I steal a nickel from you, it's still stealing.

    I want the Subaru dealership to sell me one of those 2005 Impreza WRX sedans for $2000. I have the money right now and I guarantee you that in a couple of years those cars will be selling for my price (okay, 8 - 10 years.)

    The seller gets to choose the price of their products, not the buyer. Just because you don't agree with their outlet strategy, doesn't mean you're right to take what you want.

    So yeah, I'm guilty as sin.

    I actually respect your honesty here more than I do the rationalizations you gave right after this. If you're gonna steal, just say so. Hell, if you're gonna steal, I encourage you to be the best thief you can be; I admire personal excellence in any field of endeavour. But that whole "who am I hurting?" thing is just a little too mealy-mouthed for me.

  74. Irrelevant. by Anonymous Coward · · Score: 0

    Google does not have the author's explicit permission to copy a web page or to redisplay text from that page. If I say that my page should only be viewable from my own web server, and I don't want anyone copying it for indexing purposes, then who is Google to presume that they have these rights? Why should I have to opt out?

    The legal and moral difference here is nil.

  75. No, not really by Create+an+Account · · Score: 1

    When books are sold to libraries, those copies are available to only one person at a time. There is a (relatively) small number of copies available through libraries. Digital copies are inherently more distributable, with an accompanying greater ability to erode demand for the hardbacks in question.

    His childish demands that the publisher make copies available in his choice of format, on a schedule of his choosing, is nothing more than a mealy-mouthed rationalization for his behavior. I imagine he'll be stomping his feet and holding his breath next.

    Publishing is a business, not a charity. Not a public works project. He's saying he doesn't see the reason for the hardback/paperback dichotomy. That means he doesn't see it, not that it isn't there.

  76. future by abhishekorama · · Score: 1

    goes well with electronic paper (http://www.eink.com/news/releases/pr86.html) .

  77. Function of the publishers by Create+an+Account · · Score: 1

    Isn't this kind of the same argument for the RIAA and the MPAA? As a later poster states, we may be able to replace much of this functionality through the use of community efforts over the Internet now, but isn't this equally applicable across industries (movies/music/literature/software)?

    1. Re:Function of the publishers by orac2 · · Score: 1

      Isn't this kind of the same argument for the RIAA and the MPAA?

      No, it's the argument for Dreamworks, or Paramount Pictures, or even Project Greenlight, i.e. people who look at an avalanche of scripts and pick which ones get made. And if you think a lot of lousy movies get made, or a lot of sucky books get published, you should look at the slush pile of a movie production office, or book publisher sometime: 90% of what's there would make, well, Mission to Mars look like 2001: A Space Odyssey.

      To put in another way: modern video technology can theoretically allow almost anyone to put together a TV show that would have required the resources of a major network in years past, and we've all seen examples online of some amazing stuff. Still, assuming you have cable, how many hours a week do you spend watching a network, major or minor, versus the local public access channel?

      --
      "Just once, I'd like to meet an alien menace that wasn't immune to bullets." -- The Brigadier, Dr. Who
  78. It's all about what constitutes "fair use" by bgalbrecht · · Score: 1

    There are http://www.copyright.gov/circs/circ21.pdf/ 4 criteria that determine what is fair use, and until the court rules, we won't know whether it's fair use or not.

    One criterion is the extent of copying, and Google fails that one.

    Another criterion is the purpose and character of the use, and it could go either way for Google here. It's a commercial use, but it could be used for educational searching, and the result available to the end-user would be an amount that would be fair use.

    I'm not sure that third criterion, the nature of the (original) work matters here.

    The fourth criterion on the effect of the potential market of the work, may be the most important point, because I think it's clear that the 2-3 line snippets would have few to no negative impact, but potentially have great positive impact on the potential market.

    So, the court could easily rule that the initial copying of 100 perecent of the work doesn't matter, it's the size of the snippet delivered to the end customer, the basic use of searching, and the positive impact on the market are the important considerations, and that it's fair use. On the other hand, they could also rule that the initial copying and the commercial nature of the search engine are the important criteria, and rule against Google.

    1. Re:It's all about what constitutes "fair use" by Darius+Jedburgh · · Score: 1

      I don't quite understand the argument about the size of the snippet delivered to the "end user". The user is Google. They are using the entire text to boost profits. This is like a drug dealer claiming "it doesn't matter that I possess kilos of the stuff, I only sell it in small quantities so I shouldn't be punished any more that someone who possesses a small quantity".

    2. Re:It's all about what constitutes "fair use" by bgalbrecht · · Score: 1

      I don't think that you've got an accurate analogy there. For example, a drug dealer never has implicit permission to distribute small amounts of drugs, whereas the copyright's fair use is an implicit exemption. Also, drug possession/selling is a criminal offense, and copyright infringement is a civil offense.

      I'm not arguing that Google Library is fair use, I'm arguing that it may be fair use. IANAL. There are four criteria to determine if a use is a fair use, one is the amount of the work copied, another is whether whether the use will adversely affect the market for the work. In one possible precendent, the Kelly v. Arriba Software case, the court ruled that a copy of an image, displayed as a thumbnail, was not a form of copyright infringement, despite the search engine copying the entire image, because it didn't affect the market for the original work. So, the court could easily decide that the criteria concerning the affect on the market for the work, and the nature of the use, providing snippets of text from a search engine, are the overriding factors, even though they're making an entire copy of the work.

      You might want to check out http://www.policybandwidth.com/doc/googleprint.pdf for a legal expert's opinion on why this could be fair use. Finally, regardless of the various opinions, the only way we'll really know for sure whether it's fair use or not, is for this to go to trial.

  79. how can you sue for plans to do smthn? by Anonymous Coward · · Score: 0

    OK, I understand if somebody plans to blow up a building, those things should be prevented.

    But how the hell is it possible to sue somebody for planning to scan some books? They don't even know which books *might* get scanned and which of them *might* get published online.

    Can anybody explain?

  80. Re:The problem in deciding what to feel guilty abo by MaestroSartori · · Score: 1

    You do seem closest to getting me out of the posters so far. But just to try and explain myself further...

    I don't really mind that the hardback costs more than the paperback. I spend so much money on books that it doesn't really factor into it at all for me. See, if they released the paperback and hardback at the same price and the same time, I'd own the book right now. But I won't buy any hardbacked book (except programming books which need to be a little sturdier, as they cost a shitload more and are important for work) because I do most of my reading on public transport in small, cramped seats. A hardbacked book takes up *space* dammit, and I'm already a big fat dude, I need all the room I can get! :D

    The car analogy, therefore, doesn't really apply. I won't try to make it fit, it'd just get silly. But suffice to say this isn't a rationalisation, since I know I'm wrong and freely admit to it, like you noticed (and many others missed, somehow). Suffice to say I'll pay full retail price for the product I want as soon as it's there.

    It's just the reasoning behind *why* I did it, and it's spawned a huge irrelevant thread. Sorry everyone :(

    I have in fact thought of something the publisher *has* lost based on my actions though - they've lost the interest on the money that I would've paid for a paperbacked version of the book on the day it was released. You can decide for yourself whether you think I'm being honest or not, that's up to you, but assuming that I am (which I am!), wouldn't you say they've at least partly decided to make that loss of their own accord?

    Anyway, think it's best to leave it there, nothing useful's gonna come from this discussion I think... :)

  81. Re:The problem in deciding what to feel guilty abo by Create+an+Account · · Score: 1

    ... nothing useful's gonna come from this discussion I think...

    Now THAT I disagree with. It's important for these people to think about these things. Most people have an opinion and have no idea where it came from, so I don't think you started an irrelevant thread at all.

    Regarding other stuff:

    I, too, am a big fat guy. I, too, spend tons on books. I, too, struggle with 'where do I keep all of these f'ing books?' You raise an interesting point about simultaneous release of hard/paper-back. Thanks for an interesting discussion.

  82. Re:'Clearly Illegal?' What about fair use? by julesh · · Score: 1

    3. How much of the work is being used? From what I understand, Google is scanning the entire book, cover to cover. Strike three, and a big one.

    This is where your reasoning breaks down: while Google are scanning the entire books, they are not doing so on behalf of a single end user. Each user of their system only gets to see a few pages of each book.

    Also, Google scans the entirity of web sites, and nobody has held that they have to obtain permission to do that... what's the difference?

  83. Re:'Clearly Illegal?' What about fair use? by Trepalium · · Score: 2, Informative
    Each user only gets to see a few pages if the publisher specifically authorizes this. Otherwise you only get a couple lines of text from the book. See these screenshots for information on the different book modes Google Print has. As for how a lawsuit would go if it went to court, I could see it being a very close call. Google is cutting quite close to the Fair Use exemption.

    I don't see that Google really had any choice, though. If they had tried to go book-by-book and get permission for each one, it would've taken a decade to produce a useful product, and by that time certain publishers would've foolishly forged exclusive deals with other search engines. Most would've demanded fees and payments for use of their books, and other things that would've completely removed the usefulness of the service. For just doing it, Google forced the publishers to either accept the deal that was acceptable to Google (and search engines in general), or to sue them. Some have chosen the first option and even made deals with Google to provide enhanced service for their publications, and others have chosen to duke it out in court.

    This will be an interesting battle to say the least. We'll see just how far "Fair Use" actually goes.

    --
    I used up all my sick days, so I'm calling in dead.
  84. lawsuit=="monumental waste of money" by Anomalyst · · Score: 1

    Can you say re-duh-ndant?

    --
    There is no right to feel safe thru security vaudeville at the expense of everyone's freedom, privacy and tax money.
  85. Re:The problem in deciding what to feel guilty abo by dada21 · · Score: 1

    Hmm. What if you could only get the paperback on first release if you bought the hardcover (that comes with the paperback)?

  86. When did they *PROVIDE CONTENT* ? (illegal) by DrYak · · Score: 1
    Except that Google did not buy the books, but borrowed them,

    Yes, but they didn't borrow the books from *friends*.
    They did borrow them from a library : an institution that *DOES* pay a license to make book available to people who go there, so they can borrow/read/make personnal copies.

    (1) They copied the entire book.

    So ? The libraries/universities are paying licenses to let them do it...
    (At least here in europe. Maybe US laws are different, and the usage of copier is prohibited in libraries)

    (2) They did so for a commercial purpose.

    As long as they don't make the TEXT available for a commercial purpose, it's OK in most juridiction.
    Are you saying that making commercial usage of whatever *derivate* of books is illegal in the US ?

    Let's take an extreme exemple :
    I've studied medecine using books. Even now, to practice my art, I still sometime look for additionnal informations in books.
    I'm being paid to do my job.
    So I'm using infromation from books (tables, procedures, protocols, ...) in a commercial fashion. Is it illegal ?
    Usually no. As long as I don't make public to anyone excerpts longer than what reasonnably acceptable for a citation, I don't do anything wrong.

    Other exemple :
    Book critics do use book contents (reading them and writing articles about them) for their job (they get paid, it's a commercial use). No problem for them.

    That's it. The only thing that is illegal is to make the content available without proper autorisation, you can do whatever else you want with a book.

    Then why should google have problems, when all they to is to use the content to build a database of keyword for a search engine ?

    (3) Many of the works copied were creative works.

    So what ? License for google to have access to them was paid by library.
    And google themeself don't make these work available.

    Their use of the book is not transformative (in the sense that criticism, scholarly research, parody ... the traditional contours of fair use, are transformative.)

    Building a database of keywords and using those in a search engine isn't ?
    They don't make the "untransformed" work available. The digitised text remain in the possession of google.
    They only make avaible search result - products of their own analysis - and small excerpts - autorised like other form of citation.

    Providing rot13 of a book isn't transformative because basically you're providing the same text.
    Providing search results is, because you don't provide the text (at all), but coordinates (book references, page number, etc...).

    Let me put it into another way :
    - faxing content of Tolkien's Lord of the Ring to someone is illegal
    - countint the number of occurence of the word "Troll" telling it, or telling which pages have reference to Ballrog is legal.

    Can you imagine someone being arrested because he's saying that there's no actual occurence of "Beam me up, Scotty !" in the original Startrek (a copyrighted work), or telling which Calvin & Hobbes (a copyrighted work) comic stip has Calvin finishing his homework and playing calvinball with Rosalyn ? No. Because it's legal.
    And google is doing almost the same (search results, along with context, first page, table of content and links to where the book could be bought).

    The point of copyright laws is the avoid that someone manage to get a copy of a work, without the right holders having been paid.
    (either by the provider - in case of a library - or the receiver - in case of a bookstore).
    Copyright laws cannot restrain what you do with a book once you get it.

    Google should obtain legal victory, except if US laws are radically different from the rest of the world.
    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
  87. Publishers have reason to be scared by Xavier+CMU · · Score: 2, Interesting

    Here is a possible sequence of events that I can forsee:
    1. Google indexes all the books in the world.
    2. People are able to find these books online.
    3. Authors begin to give the rights to distribute their works through google, google takes a cut of each purchase. (this will probably yeild a better deal for the authours given the enourmous market and subsequently small profit margin per sale that google can get away with)
    4. Publishers no longer are needed.
    Granted, this process could take many years.
    I think that bringing these lawsuits up against google may be the only way to keep publishers running.

  88. Blind Reaction... by thatoneguy_jm · · Score: 1

    It seems to me that those objecting to Google's plans simply don't get it, nor do they have any desire to get it. The most likely scenario is they see how the **AA has been reacting to this new "online menace" and decided to blindly go on the attack, not realizing exactly what they are objecting to. To them it's simply a matter of thinking that if this sort of thing is bad for the film and recording industry, it *must* be bad for the publishing industry.

  89. Lobby for sane copyright terms. by Grendel+Drago · · Score: 1

    Hey, if you want to make information more easily accessible, lobby for shorter, saner copyright terms, or some reform that would at least make the ownership of copyright clearer. Project Gutenberg would be all over works from the last century if they weren't stuck in perpetual copyright limbo, where they can't be republished commercially, since no one's quite sure who owns the copyright, and they can't be distributed freely, since they are indeed under copyright.

    --
    Laws do not persuade just because they threaten. --Seneca
  90. Shit, that's damning. by Grendel+Drago · · Score: 1

    I thought you were kidding, but the man quotes the OCLC. It'd be a little more useful if I could cite the original OCLC study or estimate--do you know of any way I can get that? Man, that's a great statistic to use for copyright reform advocacy. Know any others?

    --
    Laws do not persuade just because they threaten. --Seneca
  91. In Canada... by Grendel+Drago · · Score: 1

    ... copyright is Life+50. They celebrate Public Domain Day. For instance, on January 1, 2006, the works of James Agee, Bernard DeVoto, Albert Einstein, Wallace Stevens, Hermann Weyl and so, so many others will be in the public domain... in Canada.

    'Course, you may see some legislation before Public Domain Day 2007, as A. A. Milne will move into the public domain then. If not then, certainly in 2013, as C. S. Lewis's works, including the entire Chronicles of Narnia, will be released.

    --
    Laws do not persuade just because they threaten. --Seneca
  92. It's not quite that bad. by Grendel+Drago · · Score: 1

    At least in Canada, they have Life+50 copyright, so that they celebrate Public Domain Day every January 1. (This year: Albert Einstein! Next year: A. A. Milne! And so forth.) There's talk of setting up a Project Gutenberg in Canada, so at least old works from that era will be preserved, if not made legally available in most places. (Australia also has Life+50, but I think that's changing, alas.)

    In any case, the set of books copyrighted by January 1, 1923 (not 1922) is indeed finite, but you might be interested to know (see Free Culture, p. 147) that the average copyright term in 1973 in the US was 32.2 years, because most (more than 85% of) works were not renewed. Due to retroactive extensions and associated bullshit, after 1978, works created 1964 or later were automatically renewed. But Project Gutenberg has a Rule 6 to deal with that. Consider (I think you may have to sign in to see this) Plague Ship , by Andre Norton, published in 1956, currently being post-processed.

    'Course, the fact that folks are working hard to drag works into the public domain where they would be in a sane legal system at this point doesn't invalidate your original point. But Project Gutenberg isn't about to run out of material, not when they have a big chunk of the 20th century to deal with. (They just don't have anything particularly popular from that period.)

    Oh, and PG doesn't really have 16,000 books. Some works were released in little bitty pieces. Consider an example. But there are still, I think I've seen estimated, around 10,000 real, individual titles in there. (Of course, any measure that counts the encyclopedia-sized "Modern Machine-Shop Practice" and the Declaration of Independence equally can't really be that accurate, now can it?)

    --
    Laws do not persuade just because they threaten. --Seneca
  93. What? Huh? by Grendel+Drago · · Score: 1

    In contrast, Google would only need to scan a book once to deliver it to however many people they please, however many times they please, at whatever fee they feel like setting. The publishing companies would probably wind up getting a cut, but nothing near the amount they'd get from selling hard-cover books.

    Google Print doesn't sell books. If Google were charging people to read the whole book online, you'd have a point. Google has several restrictions in place (only view a snipped of a page, only view a few pages per day/week, some pages always unavailable), the point of which is (a) the book is not being "delivered" to anyone in any form that could possibly compete with the entire book, and (b) Google is not selling books.

    With Google's plan, the tedious work is already done. Theoretically it could wind up being quite easy for any random web visitor to grab a book for free, pre-scanned, and then hold onto a copy themselves. If there's a charge required someone will just sign up for an account and give it out on IRC or what have you (this happens with Cedega already).

    Look, if Google were distributing copyrighted works in any form without the consent of the copyright holder, I'd be first in line to tear them down. But they're not distributing them in any meaningful way. And your complaint that they could at some unspecified future point is ridiculous. We sue people based on what they do, not on what they might do some day.

    If Google starts distributing entire books, or meaningful chunks thereof, then you'd have a point. But they're simply not. You're fighting strawmen here.

    Really, try thinking about what you post before you post it. Your point is completely irrelevant.

    I couldn't have said it better myself.

    --
    Laws do not persuade just because they threaten. --Seneca
  94. Can we fight them for what they actually do? Hmm? by Grendel+Drago · · Score: 1

    Wait, wait, wait... your argument is that Google will have a large stash of page images, and that they could use these for blatant copyright violation? Shit, if that's your argument, you'd better never rip a CD onto a portable MP3 player. Sure, you're performing legit format-shifting, but you could send those over the internet to ten thousand of your closest friends.

    The only trouble I'd see is the libraries having the right to make one single copy of the books they have for Google. But that's not what's being argued about here.

    If Google starts disseminating entire books or useful chapters thereof, they should rightfully be sued out of their fat wads of IPO cash. But that's not what they're doing and not what they're saying they're going to be doing. And I don't think your nervousness about what they might do is or should be legally actionable.

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    Laws do not persuade just because they threaten. --Seneca
  95. How does Google get its copy? by Grendel+Drago · · Score: 1

    Hmm. So how does Google get its copy from the library? Presumably a library can't make a copy of a book and send it to another library, right? I mean, without paying some sort of royalty or fee to the copyright holder/publisher? I can see how, once Google has a copy of a book, they can show bits of it to people online and make it searchable, but I'm real fuzzy on how they actually get that copy in a legitimate fashion, unless libraries are shipping vast stacks of dead-tree volumes to sit in Google's warehouses until their copyright expires (i.e. forever), which sounds dreadfully silly.

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    Laws do not persuade just because they threaten. --Seneca
  96. Sharing Textbooks by SeanDuggan · · Score: 1
    Just cause you don't know about it doesn't mean it doesn't happen. I've got about 1.4g of assorted pdfs and htmls. Poor college students with a lot of time on their hands may find it worth their while to scan a textbook so that their friends/classmates/frat doesn't have to pay the exorbitant prices the bookstore wants. All it takes is one student to leak it on the web and everyone has it.

    Meh, we just did it informally by lending the books out to each other. College textbooks are ridiculously overpriced so only the naive freshmen buy books from the bookstore where the book has been out for over a year. The rest of us are locating people who've been in the class and arranging to borrow the book, or to buy it off of them outright for a very cheap price. For that matter, there's a thriving industry for secondhand textbooks online. It's all legal and it still takes a big bite out of profit-mongering textbook publishers. Yes, it's a limitted audience out there (particularly as half of the engineering professors teach using their book), but the prices are still exhorbitant.

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    This sig has absolutely no significance and serves only to take up screen space and waste the time of the reader.
  97. Actually, it's posted now. by Grendel+Drago · · Score: 1

    I just got an email notification that Plague Ship , copyright 1956 or thereabouts, has been released to Project Gutenberg. The above link should work within the day. Enjoy!

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    Laws do not persuade just because they threaten. --Seneca
  98. History of Books by mercedo · · Score: 1
    Several thousands years ago the Ten Commendments were written down on the stone, in Mesopotamia cuneiform was invented to write down the letter on the clay, in Indas civilisation many clays were found with still unknown letters, Rosetta stone was a clue for us to use stones to write down the letters.

    Later papyrus was found to make paper, but we had to wait another 1500 years till Gutenberg invented the printing technic. Then the book in current form had been gradually established, till then goat skin had been used and the roles were general, the technic of binding, printing were only developed later.

    We must say the history of books is not so long as we might assume.

    We used to write a letter in paper with a pen. Now we rarely do so.

    Library used to refer to only building that contains lots of books, now that also means collection of contents in computer.

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    Ancient Greek Philosophers -18c Enlightenment Thinkers -Slashdotters
  99. Re:The problem in deciding what to feel guilty abo by ebyrob · · Score: 1

    If you're gonna steal, just say so.

    For a second there, I thought you "got it". For one brief moment, I thought you understood what it means to both be a producer and a consumer in the intellectual realm.

    Then, I noticed that line. And I read this:

    I want the Subaru dealership to sell me one of those 2005 Impreza WRX sedans for $2000. I have the money right now and I guarantee you that in a couple of years those cars will be selling for my price (okay, 8 - 10 years.)

    The seller gets to choose the price of their products, not the buyer. Just because you don't agree with their outlet strategy, doesn't mean you're right to take what you want.


    If you can't tell the difference between tangible and intangibles and/or can't stop lieing to youself and everyone else long enough to admit there is a difference, then there's really no point in participating in the copyright debate.

    You can argue that copyright is the holy grail. You can argue that copyright infringement is a despicable act. However, even granting those two things, that does not make downloading a copy of the latest book the same crime as stealing a new car off a dealer's lot. The impact on society and all parties involved is entirely different.