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Google To Resume Scanning Books

SenseOfHumor writes "The Wall Street Journal is reporting that Google will resume scanning copyrighted books from Stanford and Univ of Michigan libraries. Let the battle resume!" From the article: "It isn't known just what percentage of library holdings fall into the category of being in copyright but out of print. About 18% of the books held by the libraries working with Google were printed prior to 1923 and are therefore in the public domain, according to an analysis by the Online Computer Library Center, a Dublin, Ohio, nonprofit library cooperative. An unknown percentage of the rest still are protected by copyright, depending on whether it was renewed. Google's resumption of its scanning of copyrighted works comes amid heated debate in the library community over participation in the program."

257 comments

  1. How exactly are they doing this? by DroopyStonx · · Score: 5, Interesting

    Is there some machine they have that separates all the pages and scans each one?

    How do they verify that the items being scanned are being scanned properly?

    --
    We have secretly replaced these Slashdot mods' sense of humor with a rusty nail. Let's see if they notice!!
    1. Re:How exactly are they doing this? by GoodOmens · · Score: 3, Informative
      Here is one solution:

      http://www.rod-neep.co.uk/books/production/scan/ scanning.htm

      If you notice that it requires someone to turn the pages. While tedious it would protect some of the much older books google will be scanning. If there is a automated soltion I do not know ....

    2. Re:How exactly are they doing this? by CSMastermind · · Score: 1

      Yes they do have a machine that turns pages. I watched a news special on it when google first announced that they'd be scanning in books and it had the machines on it. I wish I could remember where I saw it at. As for how it's verified I don't know.

    3. Re:How exactly are they doing this? by GoodOmens · · Score: 2, Informative
      I'm sorry here is a better link to the acctual manufacture of the scanner.

      http://www.imageware.de/

    4. Re:How exactly are they doing this? by Xerotope · · Score: 5, Interesting

      Here's a paper that describes a system at CMU they built for such purposes.

    5. Re:How exactly are they doing this? by Anonymous Coward · · Score: 1, Informative

      No. They do it manually. Automated scanning was found to take more time than manual (weird but true). Besides, there are many old books that need to be handled with care. Hence.

    6. Re:How exactly are they doing this? by jimbolauski · · Score: 1

      I would guess that they have two ways of verfing the scan if the page can be converted into text and if the page number is correct I would imagine that little else is done to verify the documents since there are so many.

      --
      Knowledge = Power
      P= W/t
      t=Money
      Money = Work/Knowledge so the less you know the more you make
    7. Re:How exactly are they doing this? by iocat · · Score: 1
      Anyone who remembers the old, abandoned Google catalog project will recall that the auto-page turning frequently broke, leaving scanned versions of ripped and smashed pages.

      Hopefully they'll at least scan the rare books by hand.

      --

      Dude, I think I can see my house from here.

    8. Re:How exactly are they doing this? by Anonymous Coward · · Score: 1, Informative

      Kirtas Technologies http://kirtas-tech.com/ makes a bound book scanner that turns the pages, at a rate of 1200 pages per hour, and claims to be gentler than a human. I've seen it in action -- it's a pretty neat mechanism.

    9. Re:How exactly are they doing this? by Anti_Climax · · Score: 1

      There is one I've seen where a vacuum arm turns the pages and then a scanner bed is pressed down on top of them. the contents are then OCR'd and I believe it's put in a PDF from there. I can't remember which group is operating it, but there is definitely an automated solution out there.

      --
      Even people that believe in pre-destiny look both ways before crossing the street.
    10. Re:How exactly are they doing this? by Anonymous Coward · · Score: 1, Informative

      With newer books they cut the spine and feed the entire thing into a scanner. With older books they have human drones turning pages. A foot pedal triggers the scan. Multiple scans are made from each book, and software mixes-and-matches the best scans from each one. Every now and then they audit the output of OCR manually to compare.

      Their software also poses yes/no questions to humans: Is this a thumb blocking some text? Is this crooked? Is this a 'D' or a 'B'? Apparently it generates thousands of these questions per hour or some such silly number.

      Also, as far as I know they never stopped scanning books in the first place. That was some kind of PR smokescreen.

    11. Re:How exactly are they doing this? by Fordiman · · Score: 2, Informative

      Check this out.
      http://kirtas-tech.com/

      --
      110100 1101000 1101000 1100110 0 1101111 1101000 1100011 1
    12. Re:How exactly are they doing this? by coopseruantalon · · Score: 1

      Brewster Kahle has some insights to this and other things in this speech he gave a while ago:
      http://www.itconversations.com/shows/detail400.htm l

      He speaks of a bookscanner that are automatic but expensive and humanturned pages which are actually cheaper if pageturner is on minimum wage or from India. Coincidentally the Indian government has agreed to scan any books send to them be the internetarchive (Which Brewster is a founding member of.) Go listen to his speech. It is really fascinating.

    13. Re:How exactly are they doing this? by hkgroove · · Score: 1

      Remember that movie with the robot kid that ran his hand over the text? He "read" something like 500 books in an hour... Google has built quite a few of these with the dark fiber they've also been buying.

    14. Re:How exactly are they doing this? by Anonymous Coward · · Score: 1, Informative

      Many times these books are sent to India where they are scanned
      and then the electronic versions and the physical versions
      are shipped back. It costs just $4 to scan a book in India.
      see http://in.rediff.com/money/2004/aug/16spec1.htm

    15. Re:How exactly are they doing this? by lordofthechia · · Score: 1

      it would protect some of the much older books google will be scanning.

      I don't think handling the books carefully will be a necessary once the purging begins...

      --
      Georgia Tech, the leader in Chia(tm) technology.
    16. Re:How exactly are they doing this? by tm1rules · · Score: 1

      They are not verifying the text. I did a search on foosball, and the text for one book was listed as: "Always treat your foosball table hike your women."

  2. Out of print - fair game by Tim+Ward · · Score: 5, Interesting

    I'm not usually one to support the knee-jerk slashweenie response, that all intellectual property is theft, but I do object to commercial enterprises refusing to sell me something and insisting that I can't copy it.

    It might be their intellectual property but it's my culture, dammit. If they won't keep it in print and sell me a copy, which I'm willing to pay for, then they should keep their mouths shut when I go and find one for myself.

    Anybody got a DVD of Dance of the Vampires they can let me copy then?

    1. Re:Out of print - fair game by dascandy · · Score: 2, Informative

      Nope, but I DO have a full-copy of a book that is out of print for 10 years, only 25 years old in IT. It's one of the few books in IT where age doesn't matter, but which doesn't sell well but is still very useful. So, you can only buy second-hand books at a greatly increased rate (original book between 30 and 50 dollars, second hand cheapest is 150 dollars).

      F*** that, I'll copy.

    2. Re:Out of print - fair game by Kelson · · Score: 2, Insightful

      Yeah, that's one of those cases where the legality is clear, but the ethics are debatable. You're certainly not damaging their ability to "leverage their assets" since they aren't doing anything to leverage them, and if they'd just sell you a copy, you'd be quite happy to buy it. (Of course, this argument would fall apart laughably with physical goods.)

      The saddedst stories are the ones about silent-era films left practically rotting in the studio vaults. If the studio doesn't think they'll get any money for it, they have no reason to maintain/restore the old film, but film historians, who have every reason to want the film preserved, can't get at it.

      On the other hand, you occasionally hear singers, authors, etc. talking about that early album or novel that they wish hadn't been published, and joking that they want to buy up every surviving copy and burn it.

      And then there's the question of material that has never been published in the first place...

    3. Re:Out of print - fair game by Scrameustache · · Score: 2, Insightful

      I do object to commercial enterprises refusing to sell me something and insisting that I can't copy it.
      It might be their intellectual property but it's my culture, dammit.


      Ah, but the owners of the Disney Vault disagree... and it so happens that they also own some key lawmakers.
      They like creating artificial scarcity in order to raise the asking price. It pleases them. The law of supply and demand is a lot of fun when you controll the supply.

      --

      You can't take the sky from me...

    4. Re:Out of print - fair game by Jherek+Carnelian · · Score: 1

      You're certainly not damaging their ability to "leverage their assets" since they aren't doing anything to leverage them,

      However, they could start selling it at any point in the future - at which point the pre-existing unauthorized copies would potentially interefere with their making a profit, thus that factor would not help him in making a fair-use defense.

    5. Re:Out of print - fair game by shawn(at)fsu · · Score: 2, Interesting

      You're certainly not damaging their ability to "leverage their assets" since they aren't doing anything to leverage them, and if they'd just sell you a copy, you'd be quite happy to buy it.

      Disney does this or rather did do this with it's movies, they would go on moratorium for a while and you couldn't buy it. Snow White, sleeping beauty etc. I only know this from my experience with working at a video rental store, If someone left the tape in the back of their car in sunny Fl it would get all melted/warped and we needed to replace it.

      Not that I am defending the copyright holders or anything I'm just playing devils advocate. I know you said this falls in to the realm of laughable when you talk about physical products, but that's what books are right and you also mentioned silent films.

      Again I'm not defending the copyright thing here, but giving you a counter argument.

      --
      500 dollar reward for tip(s) leading to the arrest of the person(s) who stole my sig.
    6. Re:Out of print - fair game by Anonymous Coward · · Score: 0

      The only reason that Disney does this is to extend profits over time, you can only get a few titles at a time, so you'll buy the 'new' titles next year, giving them income in both years.

      They could get around this need if they'd just start PRODUCING decent products again, so that they could generate income from innovation (or creativity, if you want to be picky) instead of depending on re-packaging the old. You know - the kind of thing copyright was intended to promote?

    7. Re:Out of print - fair game by tgibbs · · Score: 1

      I agree. Copyright law should be modified so that a copyright expires if a work goes out of print (defined as being unavailable from the copyright holder) for more than 5 years.

    8. Re:Out of print - fair game by neoform · · Score: 2, Informative

      Ever heard of the "Disney Vault" as they call it?

      They remove their movies from the market for 10 years in order to create artificial demand.

      --
      MABASPLOOM!
    9. Re:Out of print - fair game by Kelson · · Score: 1

      I was distinguishing physical products from intellectual products -- i.e. the books vs. the contents of the book.

      It's laughable to say "You won't sell me your first edition Catcher in the Rye, so I'm going to take it." That's out-and-out theft. It would be if the book in question were in the public domain.

      It's a bit different to say "You won't sell me a copy of this book, so I'm going to make my own copy." That's where the copyright infringement as theft metaphor breaks down -- he still has his copy of the book -- and why the laws governing theft and copyright infringement are different.

    10. Re:Out of print - fair game by Mechanik · · Score: 4, Funny

      Anybody got a DVD of Dance of the Vampires they can let me copy then?

      Actually, since according to IMDB this movie is just the Fearless Vampire Hunters by another name, you are in luck as it was recently released to DVD

      Mechanik

    11. Re:Out of print - fair game by shawn(at)fsu · · Score: 1

      The only reason that Disney does this is to extend profits over time
      Umm yeah, that's what I was talking about. The put a movie on moratorium and when they re-release it again people will buy it because they don't know when it will be avalible again. That's their business model, so they could argue that people selling bootleg copies when it is on moratorium would impact future earnings.


      They could get around this need if they'd just start PRODUCING decent products again,

        Why does it have to have anything to do with quality of new versus old, that's more of a "the past is always better attitude"

      IMHO, kids today like the current disney movies as much as our generation did when we were their age.

      --
      500 dollar reward for tip(s) leading to the arrest of the person(s) who stole my sig.
    12. Re:Out of print - fair game by Kelson · · Score: 1

      I always figured they were creating artificial scarcity to drive up demand. I'm sure there are some people who want every Disney movie ever made, but they're going to buy them all anyway. If you make every product a limited edition, suddenly there's this "Hmm, if I wait, I won't be able to get it for 7 years!" It'll get some of the fence-sitters and procrastinators who might otherwise never get around to buying it.

    13. Re:Out of print - fair game by shawn(at)fsu · · Score: 1

      I gotcha.

      Thats why their are laws for copyright infringemnt, thats why we don't call it theft. Becuase well it's not theft, it's copyright infrigment. Like you said.

      --
      500 dollar reward for tip(s) leading to the arrest of the person(s) who stole my sig.
    14. Re:Out of print - fair game by Kelson · · Score: 1

      However, they could start selling it at any point in the future - at which point the pre-existing unauthorized copies would potentially interefere with their making a profit

      Yep. I, personally, would in most cases buy the official copy even if I had a bootleg. But how many people would do so, and how often? And what happens when the bootlegs start to rival the official copies in quality?

      It's the anime fansub debate, generalized.

    15. Re:Out of print - fair game by Tim+Ward · · Score: 1

      Hey! So they have! Even available in region two and PAL rather than never-twice-the-same-colo[u]r!

      Obviously I haven't checked for a while - thanks!

    16. Re:Out of print - fair game by natophonic · · Score: 2, Insightful

      I'm not usually one to support the knee-jerk slashweenie response, that all intellectual property is theft, but I do object to commercial enterprises refusing to sell me something and insisting that I can't copy it.

      It might be their intellectual property but it's my culture, dammit.


      I think I've figured out to how win the intellectual property wars... recast the battle as a culture war and you've got the support of knee-jerk conservative bush-apologists everywhere! ;)

    17. Re:Out of print - fair game by Bloke+down+the+pub · · Score: 1
      Got to agree with that. Call it use it or lose it. Call it piss or get off the pot.

      If they want to sue, they should be entitled to actual damages. Which, seeing as they don't sell any copies of it, should be nothing minus defendants legal costs for barratry.

      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    18. Re:Out of print - fair game by Simonetta · · Score: 2, Informative

      I support this 100%. By bribing politicians to extend the copyright period, the global media corporations have stolen the public domain. For that reason, they have forfeited any claim to any intellectual property that they believe that 'own'.

            Suppose that you have bought a car and are making regular monthly payments on it. After five years you have one more payment to make and the ownership of the car is completely yours. The finance company bribes a politician, who puts a rider into a huge bill that can't be prevented from passing into law, and suddenly all the monthly payment schedules for cars are doubled. You won't own the car for another five years and you must continue to make monthly payments on it in order to prevent it from being repossessed. It's great for them, bad for you.

          The copyright laws work the same way. For a set period, everyone must pay to consume the copyrighted material. After that period is over, the consumption of the material is free. By extending the period that the public must pay in order to consume this material, the public has had their free access stolen from them.
      This theft vastly exceeds any financial loss from people ignoring copyrights. And the copyright period has been extended every time that it has been set to expire. Which is a consistent pattern of criminal behavior. The global media companies, under the RICO act of the USA, are criminal organizations and have no legal right to demand people be placed in prison or be fined for accessing what they claim is copyrighted material.

          The USA courts think nothing about stealing a person's house or car if they are found with a few pennies worth of cannabis on their person. This is 'asset forfeiture' and is a sweet little legalized theft business for the police and their associates.

          When we make copies of materials that a supposedly 'owned' by the global media corporations, we are making a citizen's 'asset forfeiture' of the property acquired by these criminal organizations through illegal means, through the theft of the public domain.

          There is no such thing as 'theft' of intellectual property. There is only the use of violence to either remove or protect the world's culture from the use by the people of the world. Everything else is just a legal smokescreen.

        Nobody has any intellectual property rights to anything anymore in the information age. If you understand this basic concept, you will be able to make intelligent and balanced decisions concerning your own use of cultural resources and 'intellectual property'.

    19. Re:Out of print - fair game by supabeast! · · Score: 1

      Oh how I do concur! There are far too many books, movies, and audio recordings languishing in cultural limbo for just that reason, and the governments of the world are greatly remiss in not creating a copyright exemption for out-of-print items that were never intended to have specifically limited runs. It is of course worst for movies, hundreds if not thousands of which are being lost forever because the original prints expire before the copyrights.

    20. Re:Out of print - fair game by notasheep · · Score: 1

      "It might be their intellectual property but it's my culture, dammit."

      No it isn't - it's our culture. And "we" passed laws granting the protections Google seems bent on ignoring. If you don't like the laws vote for people who will change the law. I'm all for civil disobedience, but you have to be willing to pay the price for it until the laws are changed.

      "If they won't keep it in print and sell me a copy, which I'm willing to pay for, then they should keep their mouths shut when I go and find one for myself."

      If you want it bad enough to steal it, why not go and buy a used copy? I noticed that your HTTP link by your name goes to a software engineering company. Do you want your customers selling (or giving away) older versions of what you've created to each other because you've taken them off the market?

      --
      Your mind looks a little cramped. Why don't you stretch it a little?
    21. Re:Out of print - fair game by Fulcrum+of+Evil · · Score: 1

      However, they could start selling it at any point in the future - at which point the pre-existing unauthorized copies would potentially interefere with their making a profit, thus that factor would not help him in making a fair-use defense.

      I've got a solution for this: drop the copyright period to 28 years or life of the author + 14 years and apply it retroactively. At that point, it'll be more profitable to sell the prints to film historians.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    22. Re:Out of print - fair game by Jherek+Carnelian · · Score: 1

      Great idea, but it doesn't fix anything today.

    23. Re:Out of print - fair game by Fulcrum+of+Evil · · Score: 1

      Great idea, but it doesn't fix anything today.

      Kids today, always looking for the quick fix ;)

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  3. I can not wait by w.p.richardson · · Score: 4, Insightful

    until this is available! I can't count the number of times that I have been flipping thru a book and wished I could use the search function, only to realize that it doesn't work in meatspace. Searching is up to me, using old fashioned tools, like the table of contents or the index!

    --

    Curb CO2 emissions: Kill yourself today!

    1. Re:I can not wait by Anonymous Coward · · Score: 0

      Erm... this _is_ available.

    2. Re:I can not wait by 4of12 · · Score: 1
      flipping thru a book and wished I could use the search function,

      This is an incredibly powerful technology that will assist researchers in all kinds of fields.

      Harking back to the original intent of copyright (for promoting the advance of the sciences and the arts), an electronically-searchable set of books matches those objectives. I'm all for it.

      I predict, too, that if Google rolls this out, that visits to the library (have you noticed they're used less and less these days?) and to the bookstore will actually increase as more people find out that certain books exist and have contained in them things that they're interested in reading.

      --
      "Provided by the management for your protection."
  4. Good. by Gothic_Walrus · · Score: 4, Insightful
    Books are fragile. They need to be preserved somehow.

    Would Google be allowed to store scanned copies of books even if the authors opt out? Someday, those print copies are going to be destroyed or deteriorate to the point of uselessness, which means that Google could be archiving works that might otherwise be lost forever.

    I still don't get the uproar over the scanning, because it's not like the entire book is made available for free. The search is so crippled that it makes me think the people who are upset have never used it before.

    --
    Goo goo g'joob.
    1. Re:Good. by Anonymous Coward · · Score: 0

      If all books are scanned to keep a record, wouldn't that mean that some time in the future when they want to do more mass book burnings they'll also have to burn hard drives and/or CD/DVD/etc.?

    2. Re:Good. by daniil · · Score: 2, Insightful

      Books are fragile. They need to be preserved somehow /.../ which means that Google could be archiving works that might otherwise be lost forever.

      Nonsense. Books are far less fragile than any of this digital crap. Drop a book, and nothing bad happens to it (unless you drop it into water). Drop a hard drive, and it's dead. All in all, it is more likely that digitally stored information will be lost forever than a book.

      --
      Man is a slave because freedom is difficult, whereas slavery is easy.
    3. Re:Good. by ergo98 · · Score: 1

      I still don't get the uproar over the scanning, because it's not like the entire book is made available for free. The search is so crippled that it makes me think the people who are upset have never used it before.

      The uproar is because Google is making a giant internal database of copyrighted material - a database that, in some scenarios, could easily be copied (either by an employee, a hacker, whatever). Publishers don't want that sort of central risk, especially when they aren't being brought in as partners (let's face it - Google exists on the backs of everyone else's content)

    4. Re:Good. by DickBreath · · Score: 1
      Nonsense. Books are far less fragile than any of this digital crap. Drop a book, and nothing bad happens to it (unless you drop it into water). Drop a hard drive, and it's dead. All in all, it is more likely that digitally stored information will be lost forever than a book.
      Nonsense.

      Digital information is far less fragile.

      A distorted one or zero, as long as it can still be recognized as a one or a zero, can be reproduced as a perfectly formed new one or zero onto a new media.

      Just how many copies of these books, at how many data centers, do you think Google will have? Maybe wees need ta tail doze ignert foaks at Google about Backups?

      But alas, I guess dem ignert Google foaks wheel put a work onto a single hard drive. Thus that work will be lost to the world if that one hard drive fails. Too bad.

      I guess you're right. Paper, which is indestructable to all forces of nature, and lasts forever, is preferable to digital storage. Plus, paper can be copied generation after generation and never degrades when you make a copy of a copy of a copy.
      --

      I'll see your senator, and I'll raise you two judges.
    5. Re:Good. by MindStalker · · Score: 2, Insightful

      Yes, and no. Digital information while easily lost can be copied indefinatly. Joe shmo making a scanned copy of a book is more likly to lose their data before that book is destroyed. But we are talking about a consistantly archieved raided to the max system of storage. Googles storage of the huge amount of material from website caches to searching index is googles product. There is litterly billions of dollars invested in Googles data. If they wern't being discustingly obnoxious in their backup system, their investors would have a cow.

    6. Re:Good. by Control+Group · · Score: 1

      I'm in favor of Google's work, here, but this argument is just plain ridiculous.

      We have pieces of paper whose age can be best measured in millenia. Do you honestly think that Google's hard drives will be readable in AD 3005?

      The information is more copyable once digitized, which makes it potentially durable, as long as someone is interested enough to keep copying it. But that's a far cry from the real durability afforded by books.

      --

      Reality has a conservative bias: it conserves mass, energy, momentum...
    7. Re:Good. by dtfinch · · Score: 1

      That's what colocated mirrors, revision tracking, RAIDs, tape backups, remote online backups, and backups of backups are for.

      It's not easy to backup a printed book.

    8. Re:Good. by mikael · · Score: 1

      Nonsense. Books are far less fragile than any of this digital crap. Drop a book, and nothing bad happens to it (unless you drop it into water). Drop a hard drive, and it's dead. All in all, it is more likely that digitally stored information will be lost forever than a book.


      In a dry environment, both paper and stone carvings have been known to last over 6000 years.
      But for all the documents we have found that are this old, in many cases there is only one copy
      and with words or the ends missing.

      Having a digital copy increases the chances of the document surviving, and with some server technologies,
      the system will regularly make backups and automatically use a hard new disk drive if it starts to detect errors with the current hard disk drives.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    9. Re:Good. by Kelson · · Score: 2, Informative

      The big advantage of paper is that all you need to view it are your eyes. (Or your fingers, if it's written in Braille.)

      On the other hand, anyone who has visited the US National Archives can see the efforts needed to preserve the original US Constitution and Declaration of Independence. We have zillions of copies, but the originals are kept in sealed vaults with limited lighting. Exposure to air damages the paper. Exposure to light fades the ink. They've struck a careful balance to make sure that people can still see the physical artefact without destroying it.

      Both paper and digital need to be copied to new physical media from time to time. It's a lot easier to make that digital-to-digital copy!

    10. Re:Good. by daniil · · Score: 1

      I guess we'll just have to wait and see then :7

      --
      Man is a slave because freedom is difficult, whereas slavery is easy.
    11. Re:Good. by Anti_Climax · · Score: 1

      Which one takes longer to duplicate the information from?

      --
      Even people that believe in pre-destiny look both ways before crossing the street.
    12. Re:Good. by oliverthered · · Score: 2, Informative

      You know nothing about paper do you?

      Most modern books will be printed on acidic wood pulp paper (as apposed to acid free hemp, cloth (cotton based paper) or more expensive acid free wood pulp). Over a period of time the acid will erode the paper until between 20-60 years later all your left with is crumbs.

      Modern print is crippled by paper tech that means you'll never have a copy survive until it's out of copyright, just like modern digital is crippled by DRM and can never be released into the public domain by someone who owns a copy.

      --
      thank God the internet isn't a human right.
    13. Re:Good. by pipingguy · · Score: 1


      I agree. It's realy cool to have the latest technology, but everything depends on the ability to read it. But what the hell, technology is so cooool.

    14. Re:Good. by Anonymous Coward · · Score: 0

      Nonsense. Books are far less fragile than any of this digital crap. Drop a book, and nothing bad happens to it (unless you drop it into water). Drop a hard drive, and it's dead. All in all, it is more likely that digitally stored information will be lost forever than a book.

      Ok, let's have a contest: which one of us makes a backup of this book faster? You use a physical copy of the book, I'll use the digital version.

      ::bookworm::

    15. Re:Good. by lgw · · Score: 1

      long as someone is interested enough to keep copying it

      That's true today, because it takes a special effort to preserve digital data. However, we seem to be heading for a world where all digital data is stored in multiple archives unless a special effort is made *not* to preserve it, as it's cheaper to keep all archived data on disk forever than to figure out what's safe to delete.

      The real threat is encryption. Once archived data becomes encrypted by default, poor key management could doom most data, despite the fact that the actual bits are still online 1000 years from now.

      There doesn't seem to be any real threat to *published* digital data, however, as the National Archives (or someone with the same role) should be able to archive the entire Web on a routine basis if technological trends continue.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    16. Re:Good. by dennison_uy · · Score: 1

      Nonsense. Books are far less fragile than any of this digital crap. Drop a book, and nothing bad happens to it (unless you drop it into water). Drop a hard drive, and it's dead. All in all, it is more likely that digitally stored information will be lost forever than a book.

      At first glance I thought this sounded trollish -- like, who in the right mind will drop a hard drive? But then I realized this post has a point.

      I for one, can recount the agony I had experienced years back when all of a sudden my harddrive failed and I lost many important data and documents. I rarely write anything on paper nowadays, and most of my important documents are first "written" into files, which I would later print should I ever need it in hardcopy format. I know the solution is simply to regularly back up your important files, but back then I did not have the luxury of doing so. And even now, I feel that backing up data on my regular computer is cumbersome, and even with the existing software solutions that can automate the backup procedure.

      --
      Take off every 'sig'!
      All your 'sig' are belong to us!
    17. Re:Good. by afaik_ianal · · Score: 1

      I completely agree with the idea that digital media is less fragile than printed media.

      However, here's an interesting counter point: There is a (albeit small) chance that a book, left unattended, will survive 6000 years. Digital media has a relatively short unattended life, and ultimately relies on reproduction for its long life. There's no way a disk, left to its own devices, will last 6000 years (even without physical damage, disks simply cannot survive long). If our civilisation were to end tomorrow, it would be the printed media, not the digital media, that would be preserved for 6000 years.

      But I digress...

    18. Re:Good. by twiddlingbits · · Score: 1

      Audio and video recording technologies (CD, DVD) are advancing at a fast rate. We are fortunate if a recording technology stays current for more than twenty years (i.e. Anyone still use 9 Track Magentic Tapes?). In the case of a magnetic recording media with a fifty-year life expectancy (30 is really about the max) the media would undoubtedly outlive the recording system technology lifetime several times over. To truly achieve a fifty-year (or more) archival life, recording systems, sufficient spare parts, and technical manuals would need to be archived along with the recorded media. Rather than trying to preserve old, outdated recording formats and technologies, it may be more practical to transcribe on a regular basis - every ten to twenty years or even more frequently. The old copy could be preserved until the new copy is transcribed to the next generation of recording system. In this fashion, at least two copies of the material are always in existence.

    19. Re:Good. by Penguin+Programmer · · Score: 1

      You're just being silly. It's much harder for one user to destroy a digital book that's stored on Google's massive RAID array in a secured building than it is for one user of a library to destroy or lose a book they have taken out.

    20. Re:Good. by petermgreen · · Score: 1

      a distrorted a,b,c,d,e,f,g,h,i,j,k,l,m,n,o,p,q,r,s,t,u,v,w,x,y, z, space or punctionation mark provided it can still be recognised correctly can be reproduced as a perfectly formed new a,b,c,d,e,f,g,h,i,j,k,l,m,n,o,p,q,r,s,t,u,v,w,x,y, z, space or punctionation mark

      the big difference is we can read the ones and zeros on a hard drive with an error rate that can be considered to be effectively zero (partly due to error correction systems built into the drive) whereas we cannot recognise the letters in a book by machine with anywhere near that level of accuracy.

      the problem with digital data is it tends to die quite quick if noone cares to maintain it any longer (i have loads of old floppies and quite a few of them are unreadable due to media aging or new drives or whatever). Books routinely last hundreds of years no current digital storage media has been arround anything like that long!

      For really long term storage (say from the collapse of a civilisation to the development of the next one) reproducing text on a fairly durable medium at a small size (so it can be safely stored in a small place huge libraries are extremely vulnerable) some form of etching like that used by the rosetta disc is probablly the best soloution.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    21. Re:Good. by Skjellifetti · · Score: 1

      Books are far less fragile than any of this digital crap.

      Digitizing does not usually capture all of the useful information about the book, either. What was the paper made of? How was it bound? What type of ink was used? This type of info can be critically important for resolving controversies about the authenticity of certain old manuscripts (think The Gospel According to Mary Magdalene or The Vinland Map).

      Another problem is that the software needed to interpret the 0s and 1s needs to be kept with the digitized copy. If the data are stored as, say, tiff images, then you'd better make sure that there is software to display tiff imgages around as long as the original data stream is kept.

      Bottom line is that digital archiving solves some problems but not all and creates whole new headaches as well.

    22. Re:Good. by Vengeful+weenie · · Score: 1

      That's true, but it appears that no one is dropping Google. :)

    23. Re:Good. by daniil · · Score: 1

      At the same time, it's much easier to destroy Google's massive RAID array than it is to destroy all the copies of a book. And even if all the copies of this one book are destroyed, there's still tons of evidence of its existence and it's still possible to (roughly) reconstruct it.

      Of course you were right about me just being silly. But this is what I am, a silly person. There's nothing I can do about it.

      --
      Man is a slave because freedom is difficult, whereas slavery is easy.
    24. Re:Good. by Control+Group · · Score: 1

      I would argue this is still less durable. Picture a Lucifer's Hammer scenario (or an all-out nuclear war, if you prefer). What good is that digital archive to you? You need the information in the archive to figure out how to reconstruct the power grid in order to access the archive. Even if you can break into the archive and physically retrieve the media containing the information, you can't read it without a certain degree of infrastructure.

      Books don't suffer from this limitation. The only equipment needed to read a book is a pair of eyes and either a knowledge of the language, a sufficient sample size to deduce the language, or a Rosetta Stone. As compared to digital media, where you need all of the above plus the equipment, plus a knowledge of the meta language (file format, protocol, whatever) used to define the language encoding the information.

      I'm thinking in terms of civilizations, here, not decades. Paper can, and has, lasted through the complete collapse of various civilizations, cultures, and languages. Digital information is much more ephemeral (though you're right, encrypted information is even more volatile).

      --

      Reality has a conservative bias: it conserves mass, energy, momentum...
    25. Re:Good. by lgw · · Score: 1

      Collapse of a civilization is no big deal, since it will become practical before long for each government to archive all published information. Heck, all the *text* anyone has ever published will probably fit on a single piece of removable media in my lifetime. Collapse of technology world-wide? I'm not sure we could come back from that (what power source could we move to from wood, once all the fossil fuel that you can get at with wood-burning technology is gone?).

      I'm not so worried about the loss of technology scenario, however. History has shown that most useful technology survives the collapse of civilizations. It's hard to even find a counter-example. We're vulnerable this year to major unrecoverable data loss, but I don't think that will be true in even a decade.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    26. Re:Good. by JonBuck · · Score: 1

      Books are not as fragile as you think, if certain materials are used. Until the mid-19th century books were printed on acid-free paper with a high rag content. These have lasted for centuries without the need for much preservation. Granted, for over 100 years they used some really crappy, acidic wood-pulp paper that tends to go brittle. But this is changing.

      Computer file and physical media formats, on the other hand, change every few years. How do we maintain access to these materials under those circumstances? And not only do they change, but you need all sorts of expensive hardware and not to mention electricity and a reliable network to ensure access.

      Books don't have that problem.

      Yes, there are lots of advantages to electronic formats, including wider access when everything does work. But you just can't beat a physical book for sheer simplicity. And they're actually easier to read than a glowing computer screen.

      In the interest of full disclosure, I'm a librarian myself. I have reservations about what Google is doing, but I'll withold judgement until I have a clearer picture of it.

    27. Re:Good. by Anonymous Coward · · Score: 0

      Under the Copyright Statute, the copyright holder may prevent others from making copies, regardless of what is done with those copies. It matters not whether Google makes them available for searching, or only hordes them in their internal database. If they make a copy of a work without the permission of the copyright holder, they are infringing. That is the uproar. Just because it is Google doesn't mean they are exempt from respecting the rights of authors or publishing houses who do not wish their works to be entered into the databse.

    28. Re:Good. by oliverthered · · Score: 1

      digital is highly prone to accumulative errors, say for instance the original digital file is in an odd charset, when the digital data is moved to a new storage medium they decided to convert everything into UTF16, but miss that fact that the file is in an odd charset and convert it incorrectly.

      After a few generations of thouse sorts of errors you could end up with a digital copy with many possible unspotable mistakes.

      Analoge/ Paper tech degrade a little more gracefully when their coppied.

      --
      thank God the internet isn't a human right.
  5. Funny how things change... by conJunk · · Score: 5, Interesting

    A lot of folks are going mental about the "copyright implictions" of google books, and I'm just laughing. On my bookshelf is a first-edition colleciton of George Bernard Shaw plays, printed in the UK in 1911. There's a legend on the inside cover that is a reference to the U.S.'s lack of copyright laws at the time: (paraphrasing from memory:)

    Please note that unauthorized editions of the book are available in the United States, and that neither the author nor the publisher has received any payment for them.
    1. Re:Funny how things change... by Kelson · · Score: 1

      I've got an old enough copy of the Lord of the Rings trilogy that the intro -- and the back cover -- commented on the existence of unauthorized (re: no royalties to Tolkien or even his publisher) copies printed in the US, finishing with something like "Those who believe in courtesy, at least, to living authors will buy this edition and no other." This would have been late 1960s or early 1970s. (I've also got a newer set as a reading copy, since the older books are starting to fall apart.)

  6. Hmm. by daniil · · Score: 5, Insightful

    FTA: "I feel that this is a potential disaster on several levels," said Michael Gorman, president of the American Library Association and university librarian at California State University, Fresno. "They are reducing scholarly texts to paragraphs. The point of a scholarly text is they are written to be read sequentially from beginning to end, making an argument and engaging you in dialogue."

    The sad thing is, scholarly texts are so abundant nowadays that it's neigh impossible to keep oneself current with all the new things published. Already there are magazines that only (or mostly) contain abstracts or reviews of new dissertations and articles. I fail to see how Google Print is a greater disaster than this. If anything, it'll only improve the situation.

    --
    Man is a slave because freedom is difficult, whereas slavery is easy.
    1. Re:Hmm. by Anonymous Coward · · Score: 0

      it's neigh impossible

      I puzzled over this for a while before concluding that you meant "it's nigh on impossible". Am I right?

    2. Re:Hmm. by ZombieRoboNinja · · Score: 1

      I guess the risk is that unscrupulous students and researchers will just hit Google Book search, cite a paragraph or two, and never bother to go find the actual book (which can be a major hassle, especially if it's a rare or out-of-print book and/or the searcher doesn't have a wad of cash to spend on research material). If people do this, there's a BIG risk that they'll misinterpret the stuff they're citing. Potentially, this could become a very real scourge on academia, since it encourages shallow and incomplete readings of scholarly works.

      Of course, the BEST solution for academic researchers would be for all those works to be freely available online in their entirety... but if that was the case, those expensive academic journals like Nature might not be able to afford the peer-review process, which would itself be a major blow to the quality of articles published.

    3. Re:Hmm. by joelpt · · Score: 2, Insightful

      Well, this librarian just doesn't get it. He thinks that by making the texts searchable, that readers will consequently read just the 1-2 sentence snippets and that will be the end of it.

      In reality, readers will actually just locate the texts pertaining to their search, and then read those texts in their entirety outside of the search results page -- inasmuch as they choose to. Presumably, scholarly readers would choose to read the entire texts more often than others.

      Following his reasoning, we would all have incomplete understandings of many paperback novels which we've flipped through in a bookstore. Which may in fact be true, if we didn't read the whole book -- but we read all that we *wanted* to. And we will continue to do so with the emergence of Google Print.

    4. Re:Hmm. by daniil · · Score: 1

      Come to think of it, he does have a point, though. Making books electronically searchable does take them out of context. The reader will read the snippets, find the book he needs, order it, read it -- and that'll be it. He'll only read what he wanted to read, but quite often, the most interesting things are the ones we never intened to read. This is why I like libraries (and bookstores): quite often, I'll go looking for a specific book, but end up picking something completely different off the shelf, leading to...quite interesting results.

      --
      Man is a slave because freedom is difficult, whereas slavery is easy.
  7. Did I miss something? by Descalzo · · Score: 5, Insightful
    Assuming Google won't make these scanned copies available to everyone to just read on their Palm Pilot, what is the big deal? I would think that it would be to the copyright owner's benefit to have their text in a database to be searched. If Google has my book in its database, and someone searches for text that happens to be included in my book, doesn't that make it more likely someone will buy it?

    Seriously, though, I feel like I'm missing something here. What is it?

    --
    I cried real tears when Li Mu Bai died.
    1. Re:Did I miss something? by slavemowgli · · Score: 2

      It's all about control - the publishers don't like the fact that Google didn't grovel at their feet and offer to pay for the priviledge of exercising its fair use rights.

      --
      quidquid latine dictum sit altum videtur.
    2. Re:Did I miss something? by interiot · · Score: 1
      IANAL but AFAIK, the technical (non-political) part of it is about legal copyright issues. Google isn't allowed to internally copy any book onto many different computers.

      For example, let's take the company I work at. If we have 5 different employees that want an O'Reilly book, the company is required to purchase 5 different copies of the book. If my company were to buy one book, scan it, and put the digital data on 5 computers, that would be blatant copyright infringement.

    3. Re:Did I miss something? by renehollan · · Score: 1
      If my company were to buy one book, scan it, and put the digital data on 5 computers, that would be blatant copyright infringement.

      Maybe, maybe not. It might very well be fair use, though not useful to your company.

      Ask yourself the following questions:

      1. Does copying the scanned text onto several computers benefit you? (Ignore anything other than the act of copying the book.)

      2. Does it harm the copyright holder?

      3. Is it educational?

      4. Are you copying the whole book, or part of it?

      The answers are yes, no, no, and yes. That roughly places it in the same category as "time shifting" TV programs. You benefit minimally in that you can access that book in several different places. But, unless your employees are accessing a copy simulataneously in different places, I see little argument for copyright infringement. Of course, if that was your whole intent, then, yes, you would be guilty of copyright infringement since it deprives the copyright holder of their profit on each copy that your employees would otherwise need.

      But, consider the case where you have one employee who needs access to the information in that book in several different places at different times. Imagine that computer networks don't exist or, that the computers are intentionally not internetworked. A plausible scenario would be if the book described the creation and management of public/private key pairs for a public key cryptosystem and you are a certificate authority with several parallel key pair generation machines (which are intentionally not internetworked) all operated by one person (O.K., a bit less plausable, but work with me here...) and exist for reasons of operational redundancy.

      That would strike me as a fair, if unlikely, use.

      --
      You could've hired me.
    4. Re:Did I miss something? by Trevahaha · · Score: 1

      There are many digital library systems that work like this. However, they put a lock on the file so no one can read it simulataneously.. Or let's say the library owns 3 physical copies, it will allow 3 people to view the electronic copy at a time. However, Google doesn't seem to be putting this restriction nor are they purchasing the books.

    5. Re:Did I miss something? by interiot · · Score: 1
      Read up on the my.mp3.com case comparisons here. I really think they're similar. Especially in the judge's ruling, when they talk about the number of CD's copied onto their computers, not the number of copies that were sent out to users.

      There are a couple of differences between television programs. 1) timeshifting usually does not involve creating a new copy. 2) creating a new copy of a show and giving it to a friend is sometimes considered to be within fair use. However, US fair use law calls out four specific criteria, the first of which is whether the "use is of a commercial nature". In Google's case, the answer is clearly yes (see the judge's opinion in my.mp3.com). As far as I can tell, the four factors come out to be exactly the same for Google as they do for my.mp3.com. (internally, not externally)

      Yes, having multiple computers hold multiple copies of the books, with potentially zero actual humans reading any of the copies, that's pretty complicated. I don't know if that directly ties in to my.mp3.com or not. I don't know. I bet it's too complicated for the court to tackle though, and they'll just punt on that.

    6. Re:Did I miss something? by Darius+Jedburgh · · Score: 1
      I would think that it would be to the copyright owner's benefit...
      Maybe it is. Maybe it isn't. But it's hardly the place for Google to make this decision about other copyright holders' work.
    7. Re:Did I miss something? by Anonymous+Brave+Guy · · Score: 1

      Google don't have any fair use rights. (Neither does anyone else under US law: fair use is an affirmative defence.) Even if they did, it's highly debatable whether they'd apply here, where the purpose of making the copy is clearly for commercial benefit, and the much-claimed advantages for copyright holders (/cite Slashdot discussions passim) while not implausible are still purely hypothetical at this stage. Sorry, but your post is just fanboy wishful thinking.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    8. Re:Did I miss something? by Oligonicella · · Score: 1

      Yes, you're missing the entire concept of copyright. You know, where the author has the right to decide when, where and how their work may be copied? You might feel all gushy that Google scanned your book, but someone else might not find the lack of curtesy to even friggin' ask a tad insulting. It is not Google's place to make the decision that they are above copyright law simply because they have a neato search engine. It is the author's. Each individual author has the right to make their individual decisions and not have their rights summarily squshed by some guys with a dream.

      Besides, they're hypocrites. I want you to go to their home page - http://www.google.com/.

      See that little copyright notice down at the bottom? They want copyright protection.

    9. Re:Did I miss something? by Anonymous Coward · · Score: 0

      No, google don't allow anyone to read the books, so a restriction on how many can do so wouldn't make sense.

      It's a search engine, not a library. It will let you search for a book, show you enough to hopefully allow you to decide if you found the right book, just like the web search (but without the cached link), and have a "buy now" link that goes to whatever bookstore has the book.

  8. Intellectual Property Taxes by Safe+Sex+Goddess · · Score: 5, Interesting
    There is nothing new created in the world that is not built upon the foundations of human history. What is created today in science, technology, and the arts, is built on the foundations of those who created before them.

    As a recognition of this debt to society, intellectual property that is not in the public domain should be taxed. Just as our other physical property is taxed, why not intellectual property?

    And the taxes can be used to invest in new science, technology, and the arts.

    This has the added benefit of also moving a bunch of stuff into the public domain.

    If the taxes aren't paid within two years, then the item moves into the public domain. If you aren't sure on the status of an item, see if it has had IP taxes paid in the last two years. If not, then it's free!

    --
    Abstinence is a government conspiracy. www.SafeSexZone.co
    1. Re:Intellectual Property Taxes by drinkypoo · · Score: 1

      Or you know, maybe we could actually implement copyright law as it was once meant, and have copyrights actually expire after a [relatively] short time. Personally though I prefer a model with a logarithmic scale for royalty payments that lets you maintain copyright status for as long as you want provided you're willing to spend absolutely obscene amounts of money on it eventually. For instance, a fee might start at a dollar, be assessed every so many months, and double each time it's charged. If you assessed it every six months, then you'd pay a total of $768 in year five, and $768432 in year ten. I might consider assessing it yearly, meaning that you'd pay only $16 for year five, $512 for year ten, and so on. That would allow a somewhat lower bar for registration. One might also consider providing a few years (two to five, perhaps) for free for all works.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Intellectual Property Taxes by judmarc · · Score: 1

      Bzzzt! Too late, ship's already sailed. Companies are taxed all over the world every day on the value of their assets, including intellectual property. See, e.g., http://www.cap-press.com/books/1246.

    3. Re:Intellectual Property Taxes by Jeff+Molby · · Score: 1

      It's not the same thing. The GP is proposing an increasing tax. Any taxes they may now be paying are actually decreasing. The IP is given a relatively arbitrary value, which is then depreciated over time. At some point, the IP will have no "book value" and there will be no further taxes on it and no incentive to release it to the public domain.

  9. Index! by Karma_fucker_sucker · · Score: 3, Informative

    There are actually books that do not have an index. And boy is it a pain in the ass! I can understand why. From what I've heard from authors, indexing a book is the most boring and tedious thing to do.

    --
    Evil people don't think they're evil. - George Lucas, Making of Ep III
    1. Re:Index! by drinkypoo · · Score: 1

      That's a bunch of horseshit. You just read it, select text, and flag it as being part of the index. The software does the rest. If this is one of the most annoying things to do, then clearly the book is not worth a squashed shit, because writing it should be about a million times harder.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Index! by Karma_fucker_sucker · · Score: 1
      You just read it, select text, and flag it as being part of the index

      Ok, I'm going to get flamed for this, but, can you do that in MS Word?

      Nevermind, I just brought up MS Word and looked. It's : "ALT-SHIFT-X"

      Thanks for the tip! The next time I talk to that author, I'm going to mention this.

      What's the equivlent in other word processing programs? Especially, Open Office.

      --
      Evil people don't think they're evil. - George Lucas, Making of Ep III
    3. Re:Index! by drinkypoo · · Score: 1

      No idea, but I know in pagemaker it's part of text style, so you can make all your subheadings (or whatever) appear in the index automatically. The same is true of TOC entries in that program, and probably most DTP apps, all of which are better for this sort of thing than word :)

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:Index! by ByrneArena · · Score: 1

      I have indexed in Word and other programs. I would have to say that you are so wrong when it comes to the ease in which one can index. It is tedious and boring. The point of an index is to index keywords that are in useful in some way rather than marking the word in general. Nothing ticks me off more than using an index and going to a page to spend 10 minutes looking for the one instance of a keyword that is utterly useless in the context of what I or anyone else is looking for. Indexing is about context. It is to guide you to the useful parts rather than just the random words in the text.

      Indexing is boring and tedious work because it is subjective and each entry you mark has to be done in relation to its context for it to be remotely useful.

      What you say about Table of Contents is true, you can go by styles... but if you were to do the same in regards to indexing you'd have to change the style for each index instance as you are typing... hardly conducive to the creative process.

      The problem I see with Goggle Print is that it is going to be simplistic in its approach and you will end up spending time reading garbage links to get to what you really want.

    5. Re:Index! by Nurgled · · Score: 1

      Remember that lots of the books Google is attempting to index are old books from before computers made indexing a lot easier. I've seen how indexing is done without a computer, and it made me wonder why anyone would choose to do such a thing.

    6. Re:Index! by drinkypoo · · Score: 1

      What you say about Table of Contents is true, you can go by styles... but if you were to do the same in regards to indexing you'd have to change the style for each index instance as you are typing... hardly conducive to the creative process.

      Using the style palette, you can just double-click on the instance and then click on the style you want. When creating indices in pagemaker I have created a style that was Body Text + add to index. This is not very difficult and can easily be done at the end of the sentence. If you can't maintain your train of thought when writing sentence by sentence, you don't really know the material anyway, and shouldn't be writing it in a best case scenario, or shouldn't expect it to be easy in any case.

      The fact is that you should be proofreading your book anyway, so you can easily add the index references during your initial proof. Then a professional proofer can proof both behind you. (We're talking about books with an index here, they're not going to be pamphlets or anything, they're pro jobs.)

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    7. Re:Index! by Anonymous Coward · · Score: 0

      The words you used (harder, annoying) and the words the parent post used (tedious, boring) are not the same thing.

      On the other hand, you presented valuable information.

      You should have a +1, Flamebait mod.

    8. Re:Index! by afeeney · · Score: 1
      Making a concordance (list of words and where they appear) is indeed easy. Turning that into an index, also easy.

      Making a good index is hard.

      For example, for an index, you need a controlled vocabulary, cross references, and logical and consistent taxonomy. For example, in a book about animals, you might have index entries on common name, variants of the common name, species, genus, or habitat.

      It requires knowledge of the audience, to know how they're most likely to look for information, and of the topic itself, to make sure that all the text is covered appropriately and that the terms aren't misleading or counter-intuitive.

    9. Re:Index! by drinkypoo · · Score: 1

      It requires knowledge of the audience, to know how they're most likely to look for information, and of the topic itself, to make sure that all the text is covered appropriately and that the terms aren't misleading or counter-intuitive.

      If you don't know the audience and the topic, you probably shouldn't be writing the book...

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    10. Re:Index! by afeeney · · Score: 1

      Sorry, I wasn't fully clear. Often it's not the author who creates the index; very often, it's somebody at the publishers or a freelancer.

    11. Re:Index! by ByrneArena · · Score: 1

      True, but to say that proofreading and then marking those items isn't tedious I think is a stretch. Necessary evil, sure, but fun? Absolutley not. Show me a man or woman who enjoys proofreading and doing markup work on a large document and I'll show you a person that needs therapy.

      As for maintaining your train of thought... many people write as if they were speaking in their head. Initially this is the best way to get your thoughts on paper, so to speak. Perhaps losing the train of thought isn't the wording I should have used, but rather I should have said, slow down the creative process.

      Last point would be that should you index a word that gets edited out by the proofer ends up wasting your effort. Indexing, IMHO, should be done to the final product.

    12. Re:Index! by drinkypoo · · Score: 1

      While I agree with your final point, I think that proofing is a process that should be done by a pro working CLOSELY with the author[s] to make sure they're not hacking out something that really needs to be there. It happens frequently.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  10. Book Tablets by GoodOmens · · Score: 4, Insightful
    This will make those book tablets that never really sold a neat idea.

    1.Connect to google.

    2.Download a rare book only found in a handfull of libraries.

    3.Go read it....

  11. 1923 - 1990: the gap years by G4from128k · · Score: 3, Insightful
    The move to digitize out-of-copyright works combined with the natural movement of new materials to web creates a kind of internet information gap. Many things appearing after 1990 or so are now on the net in some form or other. And things that occurred before 1923 are in material now lapsed from copyright and will be on the net courtesy of Google. Things in between are too old to be on the net directly and too new to be out of copyright.

    In 75 years, give or take, the gap will close for oldest years on. But for a while the internet will not have as much on a wide array content on pre-digital topics.

    --
    Two wrongs don't make a right, but three lefts do.
    1. Re:1923 - 1990: the gap years by Anonymous Coward · · Score: 0
      In 75 years, give or take, the gap will close for oldest years on. But for a while the internet will not have as much on a wide array content on pre-digital topics

      What makes you think that? That gap will exist forever, at least in the US, as copyrights will be extended again and again inedfinately.
  12. It's a shame... by coupland · · Score: 2, Interesting

    It's a shame to see many libraries taking such a regressive approach to this. I happen to think libraries and access to information are the cornerstone of a free society -- they level the playing field and provide education and knowledge to people who otherwise couldn't afford it. However as a result of the digital age, our current standard of living and draconian copyright laws, the importance of libraries has diminished of late, as people turn to the web for information, buy their books at Barnes & Noble instead of borrowing them, or are merely incapable of borrowing copyrighted material because of digital or legal barriers created by content owners. What Google is doing here is progressive and in the spirit of free access to information. They're not giving away books, here. They're merely adding the ability to search for and view specific pieces of information. If anything this will only increase demand for the books they're scanning. And on top of that, it will provide access to information for a new generation who might not otherwise be able to afford it. Really now, I thought most librarians were more hip and with-it than this...

    1. Re:It's a shame... by Anonymous Coward · · Score: 0

      Is not an online library still a library?

      I fail to see the distintion, and if a meatspace library may loan a book, then why not google?

    2. Re:It's a shame... by isometrick · · Score: 1

      Because Google is a business.

    3. Re:It's a shame... by BoRegardless · · Score: 2, Interesting

      Plagarism becomes a lot harder when wide searches can be done, in addition to other benefits of scanned books.

      Ultimately, a "whole earth" attitude toward information and learning is going to shift increasingly away from paper, so it is a matter of time before it is going to be more efficient for libraries to hold server banks in "the stacks", than actual paper copies, of which they can only have a very very limited small % of the works out there.

      Time to get in with the new era, and actually, these recalcitrant authors, libraries, and publishers are similar to the music publishers, in that they are not taking the long and wide view of what digital libraries means to the widest range of interests of the sectors of societies.

      If my out-of-print book were digitized and someone wanted a copy of the 'last chapter', why shouldn't I put a price on various digital copies of my work, and let Google give me a dime for each chapter and a dollar for the whole book?

      Sheesh

    4. Re:It's a shame... by Anonymous Coward · · Score: 0

      look, i read my books in the can, buying a book means i dont have to return a book with pee stains on it.

  13. I love the fact by gregbains · · Score: 4, Insightful

    Its great that a lot of the people opting out think this will save them, when all you need to do is visit local library and get entire book to read for free. Surely this is worse?

    1. Re:I love the fact by Anonymous+Brave+Guy · · Score: 1

      With the exception of a very small number of national copyright libraries, those books will generally have been bought at the market rate, regardless of the fact that libraries then hire them out for free for a limited time to library members. Moreover, they can only hire out as many books as they've bought, not an arbitrarily large number at any given time. Google's proposed scheme is fundamentally different in both respects.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    2. Re:I love the fact by gregbains · · Score: 1

      Google's proposed scheme only gives you a small section of the book though, with a library you get the whole thing

  14. You forgot 4 by corngrower · · Score: 1, Funny

    4. Prophet

  15. Correction by dq5+studios · · Score: 3, Interesting
    Google's resumption of its scanning of copyrighted works comes amid heated debate in the library community over participation in the program."
    It's my understanding that the library community and most authors support this. It's the publishing industry that's having a hissy fit.
  16. Lessig's Tough Call by loggia · · Score: 5, Interesting

    My colleague Jamie wrote the following letter to Wired yesterday regarding Lawrence Lessig's column supporting Google Print.

    I think she makes some compelling points about the problems with Google's plan...

    -------------

    Lessig's Tough Call

    In defending Google Print ("Google's Tough Call," issue 13.11), Lawrence Lessig and others overlook one thing. If the publishers and authors have no rights to prevent this, what rights does Google have to protect its own extensive efforts in creating this database? By their own arguments, the answer must be: none. Google does not own the raw data. In almost talking point fashion, Google, Lessig and others describe this as nothing more than a "card catalog." This description could come back to haunt Google, as the only thing they own is their original presentation of the data itself. And the image of a card catalog does not bring to mind "originality."

    If the Google DRM is broken and I create my own "Jamie Print" index on the web... without Google's ads... what basis would Google have to argue? Google can scan a million books and by Lessig's arguments, that investment is irrelevant. If I find a way to download those million books from Google, store the data and use my own search engine, Google's supposed benevolence in creating this project will be hard to swallow amidst a flurry of lawsuits against my superior ad-free index. Google would have little basis to sue except under the DMCA, a statute whose very existence is vilified by Lessig and the very people defending Google Print as progress (and I don't care for it either).

    If Google's investment in the project cannot be protected, they may have little incentive to create this and other projects. Isn't this much the same for the publishers and authors seeking protection for the right to control their work? Lessig defends Google Print in the name of progress, but progress is a careful balance of reward and public benefit. Google might not create Google Print if it cannot profit from the ads it inserts and publishers may lose out if they cannot choose how to profit from their properties.

    It is almost inevitable that Google Print will be subverted and Google will seek the very same protections that it claims the publishers should not have.

    Jamie Cole
    New York, NY

    1. Re:Lessig's Tough Call by tgibbs · · Score: 1

      If Google's investment in the project cannot be protected, they may have little incentive to create this and other projects.

      I doubt if this matters much to Google. This is closer to a philanthropic project than a money making endeavor for Google. The only thing Google really gets out of it is a boost to its public profile and its image at the portal to all things searchable. Neither would be diminished by somebody producing a competitive database. Indeed, Google is so well entrenched that people would probably refer to searching that competitive database as "googling."

    2. Re:Lessig's Tough Call by 99BottlesOfBeerInMyF · · Score: 1

      It is almost inevitable that Google Print will be subverted and Google will seek the very same protections that it claims the publishers should not have.

      While Google's investment in scanning is certainly worthwhile, it is by no means the only one of its kind and some of the others are freely available. Take a look at the EU's project to do the same with the libraries of Europe. No, the real advantage Google has and has always had over its competitors is not content, but the ability to rapidly, and cheaply index, search, and sort that content. The heart and soul of Google's value is in thousands upon thousands of cheap computers running a proprietary OS as a mesh. That is what makes print.google.com special and even should someone manage to break the weak DRM Google is using and suck down all the texts they have (which is arguably more expensive than just re-scanning them in the first place) they will have to develop as fast and efficient of search technology if they want to effectively compete. Even then they still have to pay for the bandwidth and machines to host that content and no one is as good at generating revenue through well placed ads as Google. Google has patents to protect that technology, and I don't think you have to worry about them trying to use copyrights on their database to try to deter competition. Google has some smart people working for them and they certainly know that inevitably their will be other engines that search this same data, possible sucked down from their own servers. I doubt they are really worried about it.

    3. Re:Lessig's Tough Call by judmarc · · Score: 3, Insightful

      Why would Google care? You can make "Jamie Web Search" right now and Google has no right to stop you. Go ahead, index the Web. MS and Yahoo have, and Google isn't suing them. It isn't the *data* that's the secret sauce, it's the *search algorithm(s)*. The very same is true of Google Print.

    4. Re:Lessig's Tough Call by kiddygrinder · · Score: 1

      Given Google's stance on projects that abuse their systems so far such as the google filesystem, i'd say they couldn't give a crap if you exercise your rights to download all their scanned books. I think they just expect the majority of people to just use their page and get on with their lives. It's not like most people use a specially crafted page to avoid the ads on the google search.

      --
      This is a joke. I am joking. Joke joke joke.
    5. Re:Lessig's Tough Call by Anonymous Coward · · Score: 0

      You do realize that Google Print doesn't have advertisements, don't you?

      This is effectively a public service project for Google: the benefit they derive from this is enhancement of the Google brand, not direct revenue.

    6. Re:Lessig's Tough Call by twiddlingbits · · Score: 1

      There is a Project Gutenberg that has FREE copies of certain books in e-book format. They PROCEEDED Google, so in this case Google copied others so they must feel there is something unique about thier methods. Henry Ford invented the low cost automobile, and a lot of others copied his idea and entered competition with him, yet he survived just fine. It's not always about the idea, or the product, it's about something else that is unique about HOW the concept is implemented. If someone copies Google's idea and makes it better then users will use that servive instead of Google.

    7. Re:Lessig's Tough Call by hankwang · · Score: 1
      what rights does Google have to protect its own extensive efforts in creating this database?

      I'm not sure about the US, but in Europe (Netherlands), such efforts are protected by the Database Act. The information in, for example, a phone book is not copyrightable, but nevertheless the whole organised collection of names and associated addresses and phone numbers is protected.

    8. Re:Lessig's Tough Call by Anonymous+Brave+Guy · · Score: 1
      This is closer to a philanthropic project than a money making endeavor for Google.

      You don't think a company whose profits are based almost entirely on its hosting of advertisements might have a slight ulterior motive here?

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    9. Re:Lessig's Tough Call by tgibbs · · Score: 1

      You don't think a company whose profits are based almost entirely on its hosting of advertisements might have a slight ulterior motive here?

      Since Google doesn't put adds on Library Project pages, they don't benefit directly.

      So their only real benefit is indirect: increased goodwill for a public-spirited project, and enhancing their corporate image as the place to go for research.

  17. spread information by dingDaShan · · Score: 5, Insightful

    I currently attend the University of Michigan, and have encountered much frustration in tracking down books. The university has several libraries and finding some books is nearly impossible. Additionally, the University has old collections and manuscripts that are barely indexed in the University's system. For the purposes of research, scanning the books is a dream come true. Searching for keywords, the ability to quickly find books, and the ability to view old manuscripts that one would normally need to be present at the library (and under supervision) to view. The copyright issue is important, but the books that are in public domain (primary sources especially) should definitely be scanned. As for the copyrighted books themselves, Google does not allow the full book to be viewed. If anything, Google advertises for these books. For a student such as myself, I would not buy the book as it is, so what is the harm?

  18. Digital information is just too volatile by October_30th · · Score: 2, Insightful
    Huh?

    Have you ever thought about how much more effort it takes to destroy a book in comparison to the effort it takes to destroy its digital copy?

    It's the same thing with all digital data: in a few centuries this era will be called the dark ages of information - most of the historical data (text, images, sound) will be lost because it was stored on media that just couldn't hack it. People are just too eager to store precious data in a digital form just because it is convenient.

    --
    The owls are not what they seem
    1. Re:Digital information is just too volatile by rob_squared · · Score: 1

      I have to disagree, most of the information that is digital doesn't have long term value (blogs, message boards) and those things that do have value (ebooks, artwork) will have physical counterparts.

      --
      I don't get it.
  19. Increase your Google Page Rank! by mOdQuArK! · · Score: 3, Funny

    You've got to wonder if there will be books published where the contents are designed to increase the book's Google Page Rank.

  20. Google[black]mail by matt+me · · Score: 2, Insightful

    Though I personally believe what Google are doing is not ethically/morally wrong, they are most probably 'breaking' our unjust (injust?) copyright laws. The only reason they are 'getting away' with it is because they are the most powerful domain on the net. No-one dares mess with Google.

    A law suit against Google is very bad publicity, and they could subtly drop your page rank and you'd never notice until the visitors stopped coming.. or even remove you completely.

    1. Re:Google[black]mail by 99BottlesOfBeerInMyF · · Score: 3, Informative

      hough I personally believe what Google are doing is not ethically/morally wrong, they are most probably 'breaking' our unjust (injust?) copyright laws.

      My research into the subject suggests the opposite. Although the laws are somewhat vague, Google appears to meet all four criteria for fair use and every single district has filed supporting briefs supporting a case with significant precedent, except the district in which the case against google has been filed. I suspect this is because the lawyers involved know they will be unlikely to prevail in the end, but are hoping to win the initial case and force the issue to the supreme court, possibly with an injunction in place. This is because they hope to delay and possible temporarily stop Google's actions while they try to get laws pushed through the courts to make what Google is doing illegal.

      The only reason they are 'getting away' with it is because they are the most powerful domain on the net. No-one dares mess with Google.

      I think you are overstating Google's influence by a lot. First, the people suing Google don't care if they are findable by Google as they are not a consumer facing body. Second, they are a bunch of middle men, what do they care about publicity? Will you stop buying books from those publishers and hurt the authors (who mostly support Google's actions)? No I think you have this backwards. Google is legally going to prevail, and these publishers are just delaying while trying to pass some laws to avoid the future possibility of being cut out of the deal. They fear for their position as middle men and are fighting hard to stop anything that might be progress.

    2. Re:Google[black]mail by dennison_uy · · Score: 2, Interesting

      Though I personally believe what Google are doing is not ethically/morally wrong, they are most probably 'breaking' our unjust (injust?) copyright laws. The only reason they are 'getting away' with it is because they are the most powerful domain on the net. No-one dares mess with Google.

      About 18% of the books held by the libraries working with Google were printed prior to 1923 and are therefore in the public domain

      From what I gather, these books printed prior to 1923 are considered public domain and hence, no longer in the scope of copyright laws. Lawsuits are still bad press for Google as is for any publicly-listed company, and I seriously doubt no-one would "dare mess" with Google simply because they are "the most powerful domain" on the net. If anything else, Google has money and can definitely pay large sums of money to settle any lawsuits hurled against them, which makes it a good move as long as you are at the side of the law. Take a look at guys like RIAA and Microsoft -- they may be powerful both as an entity and economically-speaking, however, it does not render them safe from lawsuits.

      A law suit against Google is very bad publicity, and they could subtly drop your page rank and you'd never notice until the visitors stopped coming.. or even remove you completely.

      Google drops your page rank or removes you? Fine, guess I'll just fire another lawsuit against them. I'm sure there's a law being broken somewhere for this.

      --
      Take off every 'sig'!
      All your 'sig' are belong to us!
    3. Re:Google[black]mail by DeepRedux · · Score: 1
      Google is the one who has to worry about bad publicity here. If the case goes forward Google's internal emails related to this case are going to have to be turned over as part of discovery. How certain can Google be that none of its managers said something "evil" in an email (or at least something that could be made to look evil when taken out of context).

      If Google were to lose, they could be on the hook for a large number of damage awards. Someone who inherited the rights to an out-of-print calculus book may not care that anyone ever reads it. But they may take up an offer to sue Google, if the lawyer works on contingency. Statutory damages in a copyright case can be up to $150K per work and do not require showing. Statutory damages do not require showing any actual damages, such as that author lost anything or that Google made anything from copying the book.

    4. Re:Google[black]mail by Anonymous Coward · · Score: 0

      How does Google appear to meet all 4 criteria for fair use???? I am referencing 17 USC Section 107:

      1) Purpose & Character of the Use - Generally this factor boils down to commercial vs. non-commercial use (ex. educational or non-profit). Moreover, the inquiry here may be guided by the examples given in the preamble to 107, looking to whether the use is for criticism, comment, etc. Because this endeavor will generate advertising revenue for Google and is not for criticism, commentary, news reporting, etc., it will fall on the commercial side of use and accordingly weights against Google.

      A second inquiry asks whether the new work merely supersedes the objects of the original creation, or instead adds something new, with a further purpose or diff character, altering the first with new expression, meaning or message. Here, Google is making perfect digital copies that are not any different than the original. Here, the new use supersedes the old use, again weighing against Google.

      2) Nature of the copyrighted work - This factor recognizes that some works are closer to the core of intended copyright protection than others, with the consequence that fair use is more difficult to establish when the former works are copied.

      Here, books are at the very core of copyright protection. In fact, copyright protection was initially deviseded to protect books against the new invention of the printing press. Because books are at the heart of copyright protection, this factor too weighs against Google.

      3) The amoung and substantiality of the portion used in relation to the copyrighted work as a whole - The extent of the permissible copying varies with the purpose and character of use as specified in the first factor, and will act to inform the fourth factor as well. Importantly, this factor calls for thought not only about the quantity of the materials used, but about their quality and importance too.

      In this case, Google is copying 100% of each text into its database. This alone seems to weigh against a fair use argument on Google's behalf, especially when combined with the commercial use in #1. Google will inevitably argue that the text reproduced in their search engine is only 1 or 2 lines, and therefore insubstantial. However, if it were insubstantial or unimportant, why would Google copy it? Moreover, if it were insubstantial or unimportant, the user would have no need to search for it, nor Google display it to the user.

      4) The effect of the use on the potential market for the copyrighted work as a whole - Courts must consider not only the extent of the market harm caused by the particular actions of the alleged infringer, but also whether unrestricted and widespread conduct of the sort engaged in by the alleged infringer would result in a substantially adverse impact on the potential market for the original.

      This factor is certainly up for debate. Certainly, Google will argue that reproducing 2 or 3 lines of text will hardly effect the market for a book, in fact it will enhance it by teasing the user into purchasing the book. However, the counter-argument is that wide-spread scanning of books, without regard for copyright holders, will act as a disincentive for authors to produce future works. Additionally, the argument will be put forth that, should Google decide to license its database to others, or if the contents are stolen, then the dissemination of perfect copies of their works onto the internet for all to download would destroy the value of the works entirely.

      On balance, I cannot see how Google could possibly win a fair use argument. It would be silly of them to even attempt to put one forth.

    5. Re:Google[black]mail by 99BottlesOfBeerInMyF · · Score: 1

      Generally this factor boils down to commercial vs. non-commercial use... A second inquiry asks whether the new work merely supersedes the objects of the original creation, or instead adds something new, with a further purpose or diff character, altering the first with new expression, meaning or message. Here, Google is making perfect digital copies that are not any different than the original. Here, the new use supersedes the old use, again weighing against Google.

      This is somewhat true and it is true that Google is using the works, or a service based upon finding them, for commercial gain. To claim it is only commercial vs. non-commercial is an oversimplification. In this case Google is not duplicating the use of the originals, but providing a new use, a way to search for and find works. This is a completely different use than reading a work.

      This factor recognizes that some works are closer to the core of intended copyright protection than others, with the consequence that fair use is more difficult to establish when the former works are copied.

      Actually my understanding of this section is that it is usually misunderstood and that the nature of the work speaks mainly to to purpose of copyright and how it is upheld by a given instance of reproduction. In this case Google is indexing publicly available libraries and providing what amounts to a very advanced card catalogue. This will work in their favor.

      In this case, Google is copying 100% of each text into its database.

      Since Google is not using the works themselves and is only republishing excerpts this is classified in the same way thumbnail images and copies of works in network devices during transfer are. That is to say, it is the end result of what is republished, not what is originally copied that speaks to this provision. The courts have traditionally looked at the end result of what a user of a service or device sees, not the technical mechanism that provides it. Copying entire works for the purpose of providing an excerpt has been upheld before as fair use.

      Certainly, Google will argue that reproducing 2 or 3 lines of text will hardly effect the market for a book, in fact it will enhance it by teasing the user into purchasing the book. However, the counter-argument is that wide-spread scanning of books, without regard for copyright holders, will act as a disincentive for authors to produce future works. Additionally, the argument will be put forth that, should Google decide to license its database to others, or if the contents are stolen, then the dissemination of perfect copies of their works onto the internet for all to download would destroy the value of the works entirely.

      Google can trot out as many authors as needed to testify about how they want their works indexed and how having their work indexed has increased sales. There are already protests by authors against these groups who claim to represent them and against publishers who have joined this suit.

      As for licensing or theft of a database you should know neither has any bearing on legitimate uses. You can ban a legitimate use on the presupposition of a future illegal use.

      On balance, I cannot see how Google could possibly win a fair use argument. It would be silly of them to even attempt to put one forth.

      Take a look at "Kelly vs. Arriba Soft Corp." for precedent on application of these four criteria and note that Google's use of libraries is very similar in most ways. Arriba Soft Corporation copied entire copyrighted images into a database, without permission from the copyright holder, and then made that database searchable and provided thumbnail excerpts of that work. The project was commercial and paid for by ads. Further all but one district court has filed supporting that precedent. That one exception is where the suit against Google is filed. With conflicting precedent an appeal to the Supreme court is nearly guaranteed.

      This lawsuit is about tying things up in

  21. Free books by e.loser · · Score: 1

    FTFA: Other librarians are more strongly opposed to the Google project. "I feel that this is a potential disaster on several levels," said Michael Gorman, president of the American Library Association and university librarian at California State University, Fresno. "They are reducing scholarly texts to paragraphs. The point of a scholarly text is they are written to be read sequentially from beginning to end, making an argument and engaging you in dialogue."

    Opposed to people never being able to read the scholarly texts? Surely a librarian , a proponent of reading, wouldn't mind the ability for anyone to have access to any book [scanned]. And hey, it'll save the enviroment, too.

    1. Re:Free books by Anonymous Coward · · Score: 0

      Wouldn't that put those same librarians out of a job if you can... amm... download the whole book (for a fee even) into your PDA (or computer)?

  22. People always forget by mcc · · Score: 5, Interesting
    It might be their intellectual property but it's my culture, dammit. If they won't keep it in print and sell me a copy, which I'm willing to pay for, then they should keep their mouths shut when I go and find one for myself.

    What I find funniest about the entire copyright debate is how so few people are actually aware of what a flimsy basis copyright rests on.
    The Congress shall have power ... 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 -- The U.S. Constitution
    Intellectual property rights are not property, nor rights. They're grants (a decidedly un-libertarian form of state monopoly), given by the government, with the explicit intent of promoting the public good. Copyright holders are created for the good of society, not the other way around. The way I see it, once copyright starts being used to limit the creation and propagation of information and culture rather than encourage it, copyright might as well just not exist
    1. Re:People always forget by Anonymous+Brave+Guy · · Score: 1
      What I find funniest about the entire copyright debate is how so few people are actually aware of what a flimsy basis copyright rests on.

      You appear to be from the US, and you consider an explicit provision in the Constitution of your country to be a flimsy legal basis?

      Do you feel similarly about the international agreements and long-established statute law in other countries as well?

      How exactly is "firm legal ground" defined in your dictionary?! :-)

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    2. Re:People always forget by Richard_at_work · · Score: 1

      All property rights are artificial rights granted and given by the government. Oh sorry, did you think those laws forbidding someone from taking your car while you were in the supermarket were god given and created? Nope. The only inherent rights you have are the ones you can protect yourself, using your fists or other implements - everything else, including property, is protected for you by the government and the law.

    3. Re:People always forget by JesseMcDonald · · Score: 1

      The point is not that the provision is on "flimsy" legal ground -- it is in the Constitution, which is the highest law in this country and the (apparent) source of the government's authority. However, contrast the wording to other provisions, such as those found in the Bill of Rights or even other parts of the Constitution itself, and you can see just how limited the declaration is.

      For example, the Constitution does not declare that authors and/or inventors have an inherent right to copyrights and/or patents. It does not say that "Congress shall make no law infringing" the ability of authors and/or inventors to enjoy exclusive control over their works. It simply states that Congress shall have the power (not the responsibility) to secure for authors and inventors, for limited times, the "exclusive right to their respective writings and discoveries", for the express purpose of promoting "the progress of science and useful arts".

      Thus, the authors of the Constitution saw copyrights and patents as a useful tool, not an inherent right.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    4. Re:People always forget by Anonymous Coward · · Score: 0

      How is the US constitution flimsy?

      Unless you mean the paper it was written on...

    5. Re:People always forget by Castar · · Score: 1

      I also think it's interesting that the phrase is "science and the useful arts"... That would seem to me to imply inventions, research, and pragmatic problem solutions, not "non-useful" arts like music, literature, or visual arts.

      What sort of history lies in including those works for consideration?

      --
      I yearn for you tragically. A. T. Tappman, Chaplain, U.S. Army.
    6. Re:People always forget by codyk · · Score: 2, Informative

      At the time, the common usage of those words referred to something else - "useful arts" was essentially what we would consider science and engineering today, while "science" essentially meant human knowledge in any field, including music or visual art.

    7. Re:People always forget by ChrisGilliard · · Score: 1

      The key point is that congress shall have power to do this. What they actually do is determined by other Federal Laws. So, given that there is a well established body of law with regards to patents, copyrights, and trademarks, I wouldn't call it flimsy. That's like saying that the second amendment is flimsy because it doesn't discuss WMDs. There are other laws that adress that, but the concept is clear -- you have the right to bear arms.

      --
      No Sigs!
  23. Public domain as dangerous competition by Anonymous Coward · · Score: 0

    The gap won't close thanks to constant extensions of copyright's term. When the Sonny Bono Act's 20 extra years lapse, copyright interests will be back in Congress demanding, and receiving, another 20 year extension. Even though 98% of copyrighted works over 50 years old have zero commercial value, the copyright cartel won't allow the public domain to compete against "their IP."

    Congress ought to revoke copyright on all books that have been out of print for more than 10 years in the interest of expanding knowledge. If those books entered the public domain, people might read them instead of buying new copyrighted books. Thus the publishers' fear.

    How ironic that under copyright those out of print books have no value to publishers or to the public. Publishers aren't profiting on them and nobody has access to the knowledge they contain. Essentially publishers are holding knowledge hostage as an anti-competitive measure. How can copyright be in the public interest in this instance?!

  24. Are you serious? by DaedalusLogic · · Score: 1

    You're actually proposing to tax thought? To have a government say that they are entitled to a piece of something that I have written? Wrong level... Tax the book that is sold, the CD, the file... The way we're doing it now is just fine. I don't want anyone saying that since I didn't pay taxes on time for a text I wrote that it immediatly becomes communal property.

    This idea is wrong on so many levels that I can't begin to express how bad it really is... Just the thought of government agency charged with the task of setting the value of and collecting money on an idea makes me want to throw up.

    1. Re:Are you serious? by Jeff+Molby · · Score: 1

      If a thought can be owned, why shouldn't it be taxed? The only reason you could possibly want to own a thought is for financial gain. If the possible gain is great enough, you can afford the tax. If it's not, share the knowledge.

      I'd be all for a 5 or 10 year grace period, but something has to be done to keep companies from locking everything down for countless decades. There has to be a point where these works pass from being "property" to being "culture".

    2. Re:Are you serious? by Penguinoflight · · Score: 1

      While fundamentally it is wrong, so is the use of the court system by meddlesum agencies like the RIAA. Courts cost money to operate, and the taxpayers foot a large portion of that bill. Honestly I dont think there's over 1% of the population who approves of their money being spent to get some greedy organization a judgement (or settlement) against little johnny.

      Oh, and don't forget about all the time the FBI wastes taking down warez groups.

      --
      "And we have seen and do testify that the Father sent the Son to be the Savior of the World"
      1 John 4:14
    3. Re:Are you serious? by swillden · · Score: 1

      You're actually proposing to tax thought? To have a government say that they are entitled to a piece of something that I have written?

      No. The proposal is to tax intellectual *property*, not intellectual content. I think it's eminently reasonable. If you, as an author, want the government to spend money on police, courts, etc. to prevent others from copying your work, it's reasonable that you should have to pay something for that service.

      That said, when I start thinking about the details of how such a tax could be structured, I see lots of practical problems.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  25. It's mostly not the authors by tolkienfan · · Score: 1
    That's the interesting thing.

    Many (most?) authors are supporting Google in this.

    The resistance comes from the publishers, who either feel that they have to prevent a precedent, or are being pressured by other entites with a vested interest in "protection copyrights".

    Once a work is in digital form, it may not only be copied perfectly, but it may also be easily modified. It's easy for us to stand back and say there is vastly more benefit than downside. They won't see our side for a long time

    1. Re:It's mostly not the authors by Oligonicella · · Score: 1

      Provide a cite for your presumption. How about http://www.authorsguild.org/news/sues_google_citin g.htm ??

      '... other entites with a vested interest in "protection copyrights".'

      Yeah, the authors.

  26. implications by moviepig.com · · Score: 1
    I can't count the number of times that I have been flipping thru a book and wished I could use the search function...

    Yes... and you'd think this'll prove so attractive that any copyright-holder will be loath to forego it. And you'd then think that some sort of legal/other rights-management will quickly emerge that does allow such functions, but that still makes it at least damned inconvenient to read/copy an entire text.

    --
    Seeing bad movies only encourages them. Watch responsibly
  27. What % are from by NigelJohnstone · · Score: 1

    ...the organisations taking Google to court?

    "An unknown percentage of the rest still are protected by copyright, depending on whether it was renewed. Google's resumption of its scanning of copyrighted works comes amid heated debate in the library community over participation in the program."

    It's not the % that are in copyright thats important, because the "Association of American Publishers" doesn't represent *copyright* holders, it represents a tiny subset, and not even its full membership.

  28. Yep by Anonymous Coward · · Score: 0

    Brilliant insight. It's fair that Google get a taste of their own medicine - and have others leach off of them the same way they leach off of the true content providers - the very websites they index - without providing them adequate compensation.

  29. The Disney practice by oliverthered · · Score: 1

    Disney deliberately make sure that their movies are only on shore release DVD/VHS runs to keep the price and demand up when they come to remaster a new release. It's a way of making sure you make money from your IP.

    Personally I think the length of copyright should be reduced to no longer than 25years(If you can't milk a product in 25Years then why not let someone else have the chance)

    --
    thank God the internet isn't a human right.
  30. Libraries will become "book warehouses" by MDMurphy · · Score: 1

    Complaints from the copyright holders are understandable. If they could find an effective way to charge you each time you read a book you'd already bought or prevent people from selling used books, they would.

    My guess on the librarian complaint has to do with research. Someone commented here the other day that "Researchers" have become "Googlers". In some cases this might be true. It also means that someone sitting in their living room using Google ( or other search engine ) and the 'Net can gain access to information from such a wide array of sources that not long ago required a professional researcher to do.

    I can't help but be reminded of "The Desk Set" with Hepburn and Tracy. The research dept of a TV network was getting a massive computer. The researchers thought it was intended to replace them and the stacks of books they used for reference. I think the complaints from libraries on Google's scanning of "everything" is it allows access to the information by everyone. Librarians are the keeper of the keys, guardians of the rare books, masters of the Dewey Decimal System. Letting just anyone access to the stacks erodes the requirements for their services.

    If a 10,000 book library had all the books scanned and indexed and available via a simple Google search then the librarians are relagatd to a position not too far removed from the Blockbuster store clerk putting videos back on the shelf. There'd be a position for someone to decide what subset of books to keep on hand, but less positions overall.

    I'd love it if Google indexed everything in print. I have 100 or so cookbooks. If I could do a search, limited to my "library" for recipes for paella, I could walk over and pull just those books off the shelf to see which I wanted to use. I don't care if I can't read the whole recipe via Google, I'll just use it to refer me to the dead tree version I have on the shelf.

    Other than the copyright holders who are just wanting money from anything based on what they've published ( reasonably so ), the others are either luddites who don't understand or people trying to protect their livelyhood.

  31. Out-of-print books by dillon_rinker · · Score: 4, Interesting

    The fact that out-of-print books have copyright protection is further proof that Congress is more interested in hewing to the corporate line than adhering to Constitutional principles. How does preventing any further publication of a work for nearly 100 years promote the useful arts and sciences?

    I would make copyright dependent upon making the copyrighted material available for the duration of the copyright. If it falls out of publication for a year and a day, then the copyright lapses. Making the material available online would be a cheap and easy way to maintain your copyright. Those that don't like that notion are free to publish and warehouse physical copies. In order to close an obvious loophole, I would further require that the copyrighted material be available at no more than the original cost, adjusted each year for inflation.

    1. Re:Out-of-print books by jrboatright · · Score: 2, Insightful

      So, Joe Autor writes a cool new book.

      He sells publication rights to Acme Giant Publishing for oh say $3000.

      Acme Giant publishing prints 1000 books, sells some of them, and pulps the rest.

      One year and a day later, the book falls out of copyright, and Acme prints 10,000 copies and sells them, and Joe Author gets nothing.

      What is wrong with this picture?

    2. Re:Out-of-print books by bcrowell · · Score: 1
      I would make copyright dependent upon making the copyrighted material available for the duration of the copyright. If it falls out of publication for a year and a day, then the copyright lapses.
      Lots of problems with this:
      1. Pity the poor author whose book goes out of print for a year and a day, and then later on becomes popular. IIRC, Moby Dick basically didn't sell at all for decades after it was first published.
      2. It penalizes the author for something that's the publisher's fault.
      3. You can still buy used copies of books that are out of print.
      A more realistic approach might be simply to revert to the old system where a book was copyrighted for 28 years, and then had to have its copyright renewed in order to be copyrighted for another 28 years. What most people don't realize is that the vast majority of books didn't have their copyrights renewed, so, e.g., if you find a random book from 1935, it's almost certainly out of copyright now. (You can check online.)

      There's also another issue. It used to be that most publishing contracts specified that the rights reverted to the author of the book went out of print. However, these days publishers are letting books go out of print in dead tree format, but they make them available for sale as e-books (in proprietary, nonstandard formats, which is why commercial e-books have been a big failure so far). They claim that this means the book isn't out of print, and therefore they still own the rights. IIRC there was a lawsuit about this by a writers' organization.

  32. Flaunt/Flout--From TFA by adavies42 · · Score: 3, Insightful
    Mr. Gorman, who said the American Library Association doesn't have an official position on the subject, described Google's argument that Web users will be able to look at several snippets and then decide whether they want to buy or read the book as "ridiculous." Further, he noted that as a published author, he opposes Google's intention to build an enormous database that includes copyrighted texts. "It's a flaunting of my intellectual property rights," he said. [emphasis added]
    If the president of the American Library Association doesn't know the different between flaunt and flout, I think civilization is doomed.
    --
    Media that can be recorded and distributed can be recorded and distributed.
    -kfg
    1. Re:Flaunt/Flout--From TFA by Lorki · · Score: 1

      Flaunt is not incorrect. Using it just doesn't make you sound as haughty: adj. blatantly and disdainfully proud.

      Not that I want to be sued for using copyrighted material, but...

      From Merriam-Webster:
      Although transitive sense 2 of flaunt undoubtedly arose from confusion with flout, the contexts in which it appears cannot be called substandard "meting out punishment to the occasional mavericks who operate rigged games, tolerate rowdyism, or otherwise flaunt the law" -- Oscar Lewis "observed with horror the flaunting of their authority in the suburbs, where men... put up buildings that had no place at all in a Christian commonwealth" -- Marchette Chute "in our profession...very rarely do we publicly chastise a colleague who has flaunted our most basic principles" -- R. T. Blackburn, AAUP Bull. If you use it, however, you should be aware that many people will consider it a mistake. Use of flout in the sense of flaunt 1 is found occasionally "'The proper pronunciation,' the blonde said, flouting her refined upbringing, 'is pree feeks'" -- Mike Royko.

  33. What you missed by reptilicus · · Score: 3, Interesting

    What you missed here is that Google intends to make a lot of money from selling ads on the pages where the search results are shown. The publishers see this as someone else taking their intellectual property and using it to make a profit, without asking their permission, and more importantly, without offering them a share of the profits. This is not about fears of people downloading books or not buying the books because they can get a 3 sentence answer from Google (anyone whose question can be answered in 3 sentences wasn't going to buy the book anyway). It's clear that even the publishers involved in the lawsuits realize that this service would result in higher booksales.

    It's a question of how far fair use rights extend. Fair use does not prohibit you from making a profit from exercising your rights (the NY Times Review of Books can excerpt content in a review and profit from selling ads on that page). The publishers argue that Google's use of their material goes beyond fair use, particularly because they're copying the entire work and not just an excerpt.

    It will be up to a court to weigh the many factors involved and come up with a ruling. The obvious question is, if Google loses the lawsuits, what then happens to web search engines that spider and cache copyrighted text without the author's explicit permission? Will they be held to the same standard, and will plain old Google, Yahoo!, MSN Search and their ilk become "opt in" only search engines?

    1. Re:What you missed by Guysmiley777 · · Score: 1

      It's about greed. Manical, frothing at the mouth greed. Or, as I like to call it: "Corporate America".

      A lot of authors think this is a brilliant idea. Wil Wheaton loves the idea. Search for "holy shit" and you'll see why. :)

      --
      Coding with assembly is like playing with Legos. Coding an application in assembly is like building a car with Legos.
    2. Re:What you missed by aardvarkjoe · · Score: 1

      Typically, authors hold the copyright for their work. So if all of these others love the idea so much, then why doesn't Google just ask for permission?

      --

      How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
    3. Re:What you missed by tepples · · Score: 1

      So if all of these others love the idea so much, then why doesn't Google just ask for permission?

      The problem is with orphaned works. If you don't know what those are, look up the term on a search engine before you click "Reply to This".

    4. Re:What you missed by HuguesT · · Score: 1

      Sounds easy, doesn't it?

      Now permission from whom? It depends on the contract with the publisher, on whether the author is still alive, etc. It could get difficult and at any rate a lot of work to get all these permissions.

      Presumably this also means a signed document to be exchanged between Google and the copyright holders for each and every book. Remember they are set to scan hundreds of thousands of books.

      In other words, a lot of aggravation.

    5. Re:What you missed by Eivind+Eklund · · Score: 1
      Google does not have ads on those pages, and it's unclear if they're going to have ads on the pages (probably if they mix it into the main search.)

      I think the issue is much simpler: Competition. Presently, new books are only to a limited degree competing with old books. With better search functionality, new books will compete more with old books, so the new book market will be comparatively less lucrative.

      Eivind.

      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
  34. Gatekeepers by Toloran · · Score: 4, Interesting

    This has probably been mentioned in previous articles but oh well.

    Many librarians I have met (not all, or even most, but some) have this weird mentality of "I am the gatekeeper of knowledge, you must have my leave to access the wisdom of the ages." The basically believe that knowledge is so sacred (it is) that only they are fit to gaurd it and distribute it (very not true).

    When I was younger (elementry school, early-mid 90s) and you needed to research something you had to goto the library (either your schools or the public one), use a computer to look up a book (if you knew what it was) or (more often) ask a librarian to help you find books that would be useful for your topic. This gave the librarians great power because it allows them to deturmine all the information you are going to be using. When you learn and retain something, it becomes a part of you, by deciding what you learn they are in essense chaning you.

    Now (for me, ever since middle school), you want to know more about ancient egyptian art? Google it and find 100s of pages of information (well, realistically you will only likely use about 10 of those pages but you get the idea). Want to know more about the 2000 US election? Google it. Before, if you wanted to find out information about certain topics (primarily recent or highly specific) then you were out of luck because often the libraries didn't have it. However, with things such as google and wikipedia, you now have access to almost any information you want from anywhere you have a computer with an internet connection.

    (Beware, point soon approaching. Be prepared to duck)

    Taking all this into account, it is not suprising that many librarians are reacting so harshly to this. They are all for making information more accesible but not if it doesn't go through them. Its like a company with a monopoly that it has had for ages: They've become used to the power and don't want to give it up.

    The world has been slowly changing. It has become more and more difficult to control information. And as the cliche goes: Knowledge is power.

    --
    Speaking is NOT communication
    1. Re:Gatekeepers by mschuyler · · Score: 1

      This accusation is patently untrue. I've never thought of librarians as having much power, and they certainly don't have power over knowledge and they certainly are not guardimng knowledge FROM you. Your average librarian's concern is that people seem to have no powers of discrimination so that a Google search is a de facto search for truth when, in fact, it turns up unjuried, unverified, often wrong information as easily as it does something correct. Librarians select books and information based on reviews and veracity of the publisher as well as demand and other factors. Google, on the other hand, indexes anything it can find.

      Conversely, librarians often help people who have no particular knowledge of the Internet to find the wide variety of information that IS there. Libraries, by and large, are the one institution that will give anyone off the street free access to the web and more often than not, teach them how to do it. One library I know of became an ISP and gave out 35,000 free e-mail accounts to its users (before email became so pervasive). No other institution is so dedicated to getting information into the hands of users than a library. If you're not lucky enough or rich enough to afford your precious DSL and PC, the ONE place you can go locally is to the library, where terminals line the walls with free access. (Sure you can at the U, but you pay tuition to go there.)

      Further, libraries spend $millions per year for access to databases that you will never find on the Internet for free. These databases contain the full text of thousands of magazines, including academic resources, that put Goggle to shame, not to mention databases on nearly any topic you might be interested in.

      In terms of copyright, librarians can be seen as violating copyright simply by allowing books to be checked out to more than one user. Publishers are not happy about that, but libraries provide significant income, particularly for the back list, so there is an uneasy truce. But publishers would VERY MUCH like to have a royalty for every time a book was checked out of a library. In some countries, this is called the "public lending right" and money is transferred to publishers from government to compensate them for this very issue.

      The best thing you could do to keep more informed would be to get yourself a library card, get to your local library's web site, and gain online access to these databases, as well as eveything else your library has to offer.

      --
      How about a moderation of -1 pedantic.
    2. Re:Gatekeepers by Clod9 · · Score: 1
      Agreed. My experience at all libraries I've come in contact with is that the librarians sought to expand my horizons, not limit them. They have uniformly loaded me down with more information than I thought I needed, and helped me learn how to find it myself the next time.

      I wouldn't be surprised if the GP was written by someone who had a bad experience at a middle school library or something, where he was denied help in accessing material that wasn't deemed acceptable. I've heard there are such problems in certain places, but none of the libraries I've used, in towns and schools up and down the west coast of the US, have ever given a hint of any restrictions or knowledge filtering. And I've been a voracious user of libraries since early grade school, worked in some of them, and talked to a LOT of librarians.

    3. Re:Gatekeepers by Toloran · · Score: 1

      Sorry, but I go to the library almost every 2-3 weeks (depending on mood). I love libraries for the simple fact that I can find books I haven't even heard of from all sorts of subjects (factual and fantasy). While in high school I often used sites such as Infotract that the schools library had registered for.

      What I was trying to get at is not that they have power per se, but that some of the older librarians have a feeling of power. Its also not so much that they want to keep me away from information, its that they want you to go through them to get at the information and not just find it yourself. Granted, I had forgotten to mention the fact that libraries do have free internet access but keep in mind, it isn't always unfiltered access. The libraries in my area (I can't vouch for other areas) all have filters to block certain sites that are deemed innapropriate. Now, I don't mean that such filters aren't to a degree needed, but the filters they use are pretty bad and will often catch sites that don't need to be blocked. In addition, the people deciding what is blocked and what isn't decide it on an entirely arbitrary basis.

      In any case most (if not all) public libraries are not "free" per se, they are paid with tax money, donations, etc. So although you aren't paying for the books directly, you are still in fact paying for them (saying of course you pay taxes).

      One last point, I wasn't complaining about libraries, it was about a few select librarians. Specifically, the ones that seem to be most against googles book scanning.

      --
      Speaking is NOT communication
  35. flouting, not flaunting says diction police of ALA by Anonymous Coward · · Score: 2, Funny

    Mr. Gorman, who said the American Library Association doesn't have an official position on the subject, described Google's argument that Web users will be able to look at several snippets and then decide whether they want to buy or read the book as "ridiculous." Further, he noted that as a published author, he opposes Google's intention to build an enormous database that includes copyrighted texts. "It's a flaunting of my intellectual property rights," he said.

    Shouldn't that be "flouting"?

  36. Compilation works have mixed copyrights by davidwr · · Score: 1

    Compilation works, such as story and poetry collections and songbooks, have mixed copyrights:

    The collection has a collection copyright and each story/song/poem has its own.

    If a story's copyright has lapsed, will Google make that entire story available in the same way it does public-domain volumes?

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:Compilation works have mixed copyrights by Enzo+the+Baker · · Score: 3, Interesting

      No, they would have to go back and find a public-domain edition that contains the story. For instance, if you search for "Moby Dick", you will see several recent editions that have the copyright restrictions on them. However, Google could find a pre-1923 edition of Moby Dick, scan it, and put the whole thing online.

      --
      I may twist orthodoxy to partly justify a tyrant. But I can easily make up a German philosophy to justify him entirely.
  37. Secret Sauce by Anonymous Coward · · Score: 0

    The data you refer to isn't on the web. It isn't even digital. That's part of the issue...

  38. And 5... by Anonymous Coward · · Score: 0

    5. CowboyNeal

  39. The Kelly v. ArribaSoft argument by Anonymous Coward · · Score: 3, Insightful
    One of Google's arguments is that a marvelous Ninth Circuit decision of a few years ago, one of the few to deal with Internet issues, gives them the right to do what they're doing. But Kelly v. ArribaSoft is a weak reed to rest Google Print's case on. True, there are parallels. The thumbnails of art and photos that Arriba was indexing and posting as the case went to trial are like the short excerpts that Google Print will use and the helpful Ariba quickly complied with opt-out requests, including those by the ill-tempered Kelly who sued.

    Both the district and appeals courts stressed the service that Arriba was providing to everyone by linking to web sites where an artist/photographer had made his art available online. The thumbnail itself, the court noted, was of such poor quality as to be of no value, something that isn't always true of a quote. (And one of the worst ways to treat an author is to quote them out-of-context, a practice Google's scheme will encourage.) The artist/photographer had also chosen to post his work online, thus putting it on the market. The Arriba link took interested parties to a site where they could pay the artist/photographer for the rights to a usable image. Arriba was creating a win/win situation for everyone and, once the image was thumbnailed, the full version no longer existed at Arriba's web site. All those factors taken together were sufficient to make what ArribaSoft was doing legal.

    But the Ariba/Google parallel only exists for books that are in print, being marketed online, and paying royalties to the copyright holder. Out of print, books that are only available used or through libraries do not parallel the AribaSoft case. What Google is much more like sending someone with a digital camera to art galleries and museums, ignoring any wishes of the artist. Owning a copy isn't owning the copyright. That's why the "approval" Google has from the libraries is so silly, as are its claims that it is simply making a 'really big' card catalog.

    The reader may benefit. Google and whoever profits from Google's linking may benefit, but no royalties flow to the author due to the linking, nor has the author chosen (present tense) to place the book online or in the marketplace. He may, in fact, consider the earlier work so dreadful, he intends to use copyright laws to their full extent to keep down his embarassment. And despite the squawks of some posting here, we have no legal right to get easy access to what someone else has published. A copyright bestows the right to say, "No more copies will be published." That's why, for instance, an author can prevent anyone from making a movie derivative.

    Arriba is a marvelous case for defending unauthorized linking and for indexing the web itself, as Google does. And as a Ninth Circuit appeals decision for someone living in the Ninth Circuit, it was "controlling" in my successful battle with Tolkien estate lawyers over whether my chronology of a fictional work was fair use--the law in that matter having been corrupted by some dreadful Second Circuit court actions in 1998.

    But Arriba is weak precisely where Google is being challenged most strongly by authors and publishers--Google's right to scan and index the entire text of books that are in library collections but are, for the most part, are out of print. For those books, Google cannot link to a website where the purchase of the book will result in income for the copyright holder. That's the key issue. Google Print may be a winning situation for Google and readers, but the copyright holder doesn't get a cent. Indeed, the very point of Google's action is to blast ahead, not bothering to even look for authors because that would be too much trouble. Authors, on the other hand, are expected to go to the enormous trouble of tracking down every instance of the use of their material by Google and a thousand Google-clones, and opt-out of each individually.

    And I might add that I say this as a "one Mac mini" author/editor/publisher who's placed virtually every

    1. Re:The Kelly v. ArribaSoft argument by kebes · · Score: 1

      Your post raises many interesting points, but I won't comment on all of them. One thing struck me however:

      He may, in fact, consider the earlier work so dreadful, he intends to use copyright laws to their full extent to keep down his embarassment. And despite the squawks of some posting here, we have no legal right to get easy access to what someone else has published. A copyright bestows the right to say, "No more copies will be published." That's why, for instance, an author can prevent anyone from making a movie derivative.

      I'm an (amateur) artist too. I understand the desire to deny the existence of earlier work out of embarrasement, but I do not think that there is any reason to have legal infrastructure in place to enable artists to do that. Copyright exists to encourage artists to create art, not to provide them with perfect control over their works. Once a work is publicized in some format, it becomes a part of the world. Copyright is a means to help artists get some compensation back, but should never be used as a weapon to utterly control the flow of informtion, to control the world's art.

      In short, copyright can be used to prevent the creation of new copies, but the old copies can be used by the owners of said copies however they like. They can hang your painting upside down, they can write newspaper articles about your book, and yes, they can even index it and make it easy for people to find artwork you find embarrasing.

  40. "Scanning" is done with a camera and cradle by dananderson · · Score: 4, Informative
    Scanning of old books isn't done with a consumer-grade (or even business grade) flat-bed scanner. That's too expensive and too damaging to old books.

    "Scanning" of old books is typically done with a camera photographing a book lying in a cradle (to not split the binding). One image is taken of each page or every two pages (the latter is faster, but has focus problems).

    Once photographed, OCR software grinds away. There are errors. Some projects proof-read the errors (this is very expensive), but with Google's volume they cannot. Even when not proof-read, however, the OCR'ed text has high value in search engines.

    For examples of the resulting product, see U of Michigan's Making of America or the Library of Congress American Memory.

    New, in-print books can be scanned destructively. That is, saw off the binding and feed into a sheet feed scanner. This works with publishers who have extra copies they can expend.

  41. Another Stupid Industry by __aayurq3262 · · Score: 1

    Movie makers fought the VCR all the way to the Supreme Court. Jack Valenti, then head of the MPAA, said the VCR would be the Boston Strangler to the movie industry. Video sales became more profitable than the movie theater. Before that was the music industry - not the RIAA and record industry, I'm going way back to London in the 1600 - 1700's when the music industry was publishing sheet music. They fought against that new thing called "copyright." Yes, against copyright. They were busy copying every composer out there and didn't want composers to limit their profits by claiming copyright. Now copyright is their bread and butter. (Of course tehy found new ways to screw the composers). You watch. The publishers will fight Google's indexing as hard as they can. The courts will ultimately realize that indexing the real world books and improving access to the contents of libraries is so beneficial to the public that we have to allow it as fair use. Then it will turn out that the publishers will make more money than ever by selling on-line books that people discover via the Google search. Enntrenched industries hate change and will fight against it even when it will ultimately make them more money.

  42. Corrected, live link by dananderson · · Score: 2, Informative
  43. Re:Out of print - fair game = ABSOLUTE NONSENSE by mumblestheclown · · Score: 1
    I think your comment is absolute nonsense. Well, at least for most publications.

    You should NOT be able to obtain material for the purposes of personal entertainment that is out of print but nevertheless covered by copyright. Why? because there is a compelling public interest to encourage the creation of novel works. To put things into persepctive: EA (I thin) made LHX attack chopper, a PC game that is virtually impossible to find these days. It can still theoretically provide entertainment, however, it is out of print. Should you be able to pirate this abandonware because it is "part of your culture?" Absolutely not. I think the value to society of having companies advance the state of the art by producing new works far outweighs the fact that you'd rather play an old game for free rather than pay money for the numerous new games out there. After all, in the case of virtually ALL abandonware that i have seen, a copy is available out there on ebay to be purchased legitimately, and, where there is not - that is to say, where legitimate demand exceeds supply of existing licenses, companies can often be called upon to sell the rights for further sale (for example, that classic game "Empire Deluxe") or companies can find compelling reasons to themselves donate the item into the public domain (Sierra's "Red Baron"). Imagine if all game software written before, say, 5 years ago was "free". The net result would be a watering down of the current software market, and a net loss in choice for society as fewer companies would enter the market, and those that would enter would create fewer titles as the overall economic pie would be smaller - in other words, a net loss to society.

    That said, you SHOULD be able to obtain out of print material for the purposes of genuine academic research. Still, there is rarely, if ever, a reason why you would have to resort to piracy to obtain such material as far as books are concerned. An example of this would be if you were doing legitimate research on, say, Disney's racist past. There is a complelling public interest to have acadmic researchers be able to do what they need to do in order to locate material that companies have tried to abandon for non-economic reasons.

    The point is, if we DONT let companies securely turn material into abandonware, then their incentive to produce goes down. This is basic economics and it makes good policy sense as well.

    That also said, this entire issue will be fairly moot in a few years or decades, as old stuff is digitized and the cost of maintaining old catalogues drops to near nil.

  44. Wrong: US Copyright Laws existed since 1790 by dananderson · · Score: 1
    US Copyright Law has existed since July 1790. Back then it was for only 14 years, not the current, overreaching 70 years after the author dies.

    The difference back then was neither the US or the UK recognized each other's copyright laws back then.

  45. Trnsmission errars by dexter+riley · · Score: 1

    The other problem with digital copies is that they can accumulate errors (known as "typos" or sometimes "bad grammar") during the transmission process. Solutions include replacing worn cables or connectors, avoiding intense magnetic fields, or enrolling in night school.

  46. You missed the truck she drove thru Google stance by loggia · · Score: 1

    I think a lot of you missed the truck Jamie drove through Google's legal problems with this project.

    Many of these responses try to dispel her position by stating that Google couldn't care less if you download the data. But that only further highlights the issue -- if Google loses control of the data that they do not own, they have very little legal basis to protect it.

    And that is a very big problem when Google is arguing that a third party (Google) should be allowed to store vast libraries of complete copyrighted works that they do not own.

    The owners of the copyrighted works cannot be forced into depending on the discretion of a third party to protect their works, regardless of Google's assurances, or whether the owner ever heard of the ability to opt-out or not.

  47. Google actually preserves these books by dennison_uy · · Score: 2, Insightful

    I had this idea once that the only way I can make sure my important document withstands the test of time is to make multiple copies and distribute the copies across different locations (i.e. home, office, gf's house, etc). This is the same reason why I make multiple copies of an important document and post it in multiple locations over the internet.

    Making a book available online is just about the same thing -- it only serves to preserve it, and what better way to do so other than making something like Google, with its many layers of protection against data corruption, its backup? It's the best thing to preserve your most treasured works other than spreading it via P2P.

    How many times have I tried to open an old link, only to discover that it is already gone or most of the content has already changed? Well, good thing there's Google cache and the Wayback Machine as form of "backup".

    --
    Take off every 'sig'!
    All your 'sig' are belong to us!
  48. It absolutely does have ads by Anonymous Coward · · Score: 0

    Go try it.

    What do you see there on the right?

    1. Re:It absolutely does have ads by tgibbs · · Score: 1

      There is more than one way that books get on Google.

      The books indexed by the Library Project do not have ads (there are links to online retailers, but Google doesn't make any money from them).

      On the other hand, some books get on Google through the Publisher Program. These are sponsored by a publisher, and Google does make some money from them.

  49. Re:Out of print - fair game = ABSOLUTE NONSENSE by muuh-gnu · · Score: 1

    > The point is, if we DONT let companies securely turn material into abandonware, then their incentive to produce goes
    > down. This is basic economics and it makes good policy sense as well.

    Thats just bullshit.

    Offering someone a incentive to produce but without _any_ limits to what is demanded to continue to produce shouldnt be a part of any policy either, but which is what you are recommending.

    The company's incentive to produce would without doubt rise if we exempted them from paying taxes to the state, so why shouldnt this be done too?

  50. Marketing by phlamingo · · Score: 1

    I spent $50 for a book a few weeks ago. Practical Common Lisp, by Peter Seibel. I had been looking for a good, basic Lisp book for a while, and I found the entire text available on-line at http://www.gigamonkeys.com/book/ . After reading about a chapter and a half, I decided that this was exactly what I was looking for, and I bought the dead-tree version.

    It's not the first time, either, for me.

    It works for fiction, too. If you're a science fiction reader, you probably noticed that Baen Books was doing some similar things, and I bought some of them that I might not have, otherwise.

    Perhaps the copyright holders should notice that we are in the 21st Century, and things are changing, mostly for the better.

    --
    I had forgotten how much cooler teenagers look when they are smoking. Oh, wait ...
  51. Why does "ownership" mean I can't keep it?!? by Anonymous Coward · · Score: 0

    Yeah! Those authors, painters, etc. who want to artificially drive up future collector prices by making "limited edition" prints or Hallmark ornaments (priced the original Hallmark ornament of the Enterprise lately?) are robbing me of my right to buy a cheap copy of their work!

    B@st@rds! Expecting me to pay hundreds of dollars for a book that originally sold for 10 cents just because there are only 50 copies still in existence and they don't want to print new, non-collector copies for me to buy!

  52. Unfortunately this is the way the system works! by DaoudaW · · Score: 4, Interesting

    There is really no precedent for what Google is doing, so it has become a test-case for the limits of fair-use. We may all agree that it seems obvious that it is fair-use, in fact many lawyers have suggested just that, but until a court of law deems it fair-use Google will be challenged. It will probably go to the Supreme Court within a couple of years and we can only hope that the conservative justices being appointed by Bush will allow it under fair-use. Fortunately, Google has fairly deep pockets so may be able to win the case.

  53. Re:Out of print - fair game = ABSOLUTE NONSENSE by kurzweilfreak · · Score: 1

    LHX Attack Helicopter? Wow, I remember that game for my old PC, quite a blast. If all those 5 1/4" floppies haven't been thrown out, I may have that lying around somewhere. As far as finding a drive to read it, that would be a little more difficult for me.

    --

    kurzweil_freak

    5th Kyu Genbukan Ninpo/KJJR student

    Be the darkness that allows the light to shine.

  54. No, Out of Print != Fair Game by SerpentMage · · Score: 1

    Let's imagine the situation where there is a piece of open source that is not used by anybody. Or has not been updated in the last several years. The license is GPL, and somebody picks up the slack and updates the software. However, they don't release the sources because they don't want to since after all nobody was maintaining the sources in the first place!

    What would the Slashdot community say? Evil, and whatever other rude comment many could think of.

    My point is that with copyright I have the choice to determine what happens or does not happen with my content. Open Source like the GPL uses the copyright to keep things open, but commericial uses copyright to restrict. Each is a choice made by their respective owners and NEED TO BE RESPECTED!!!

    Because if you feel right to rip off those that restrict, then others are right to keep open things closed!!! Copyright is a double edged sword and many forget that!

    --

    "You can't make a race horse of a pig"
    "No," said Samuel, "but you can make very fast pig"
    1. Re:No, Out of Print != Fair Game by Anonymous Coward · · Score: 0

      Let's imagine the situation where there is a piece of open source that is not used by anybody. Or has not been updated in the last several years. The license is GPL,

      We are talking about OUT OF PRINT, not about stuff that aren't maintained. Movies stop being maintained as soon as they are released (except for a well known "trilogy" where someone shoots first), you can't get updates to a movie. We aren't talking about that situation, we are talking about a few years later when they refuse to sell it even if you ask for it.

      A GPL'ed program is not out of print as long as you can find someone who has a copy. And if you can't get a copy, you can't infringe either.

  55. Re:You missed the truck she drove thru Google stan by kebes · · Score: 2, Insightful

    The owners of the copyrighted works cannot be forced into depending on the discretion of a third party to protect their works, regardless of Google's assurances, or whether the owner ever heard of the ability to opt-out or not.

    Yes, owners of copyrighted works CAN be forced into depending on the discretion of a third party to protect their works. That's life. If copyright holders are really so scared of their works being copied, they can lock them all up in a vault and never sell them to anyone. Then they are really protected.

    A library has a bunch of books. They protect those books. I can go to a library, steal the books, make copies, and sell the copies. This is illegal. I don't think any court would honestly hold the library responsible. In fact, I don't have to steal the books. I can borrow them, take them home, make copies and violate copyright and the library is STILL not responsible. In fact, I can use the photocopiers INSIDE the library to do my dirty work. That's life. I broke the law, the library did not.

    Now I admit that the Google database is a little bit different. But as long as each copy they are making is fair use, then they are allowed to hold the database. Copyright holders can't say "but what if someone steals it and makes copies!!??" If that happens, you can sue the thief/copyright-violator, but not Google (barring any obvious negligence etc.).

    Now, is it fair in the first place for Google to make those copies, and let people search (but not view) them? That's a separate issue that the courts are looking into. I personally find that it advances society without compromising the copyright-holder's monopoly. Therefore, I think it's legal. I also happen to think it's the "right" (ethical, etc.) thing to do, for society.

    if Google loses control of the data that they do not own, they have very little legal basis to protect it.

    Indeed, if Google loses control somehow, it will be up to the actual copyright holders to pursue legal action and so on. That's life. Libraries are not responsible (unless they willfully encourage people to break the law), and so neither should Google be responsible (unless they willfully encourage people to break the law).

  56. The battle has already begun by Anonymous Coward · · Score: 0

    I think an unintentional statement was made by the U.S. government's inaction against Microsoft. Basically it was... "Let the games begin. Yeehaw!!!"
    We need more wrestlers in government though. I could just see the look on foriegn leader's faces if we put the entire cast of WWE in office. That would own so hard.

  57. Interesting question.. by Bulmakau · · Score: 1
    Would Google be allowed to store scanned copies of books even if the authors opt out?

    That is an interesting question. Regardless of copyright laws, support of robots.txt allows the owner of a site to opt out. However, with books it is very different.

    Someday, those print copies are going to be destroyed or deteriorate to the point of uselessness, which means that Google could be archiving works that might otherwise be lost forever.

    I don't think its google's mandate really. If anyone should be considered as trusted with this task, wouldn't it be the libraries and universities themselves?

    I still don't get the uproar over the scanning, because it's not like the entire book is made available for free. The search is so crippled that it makes me think the people who are upset have never used it before.
    The uproar is about copying (scanning is exactly that) a copyrighted material without the permission or knowledge of the owner, while it clearly satates so on/in most books. It is a full copy of the data and by today's law not really allowed.
    It is in principal as illegal as a student photocopying a book (at least it was illegal when I was a student). While maybe not financially smart if using a photocopy, having it in a digital copy is different. Illegal uses/reproduction or stealing of the material is very easy.

    What I want ot know is this...
    What if I copied the last 10 year's films, and when RIAA comes to sue me, I say it is the same as google copying books, since I use it to search. And I share it with other "searchers" all around the net, through P2P search system (which happens to be called torrent)?
    Besides the fact that I don't have the $90B to drag that case in courts for 1000 years.. what is the basic difference?
    --
    "From the moment I could talk, I was ordered to listen" - Cat Stevens
    1. Re:Interesting question.. by Anonymous Coward · · Score: 0

      That you failed to understand the difference between searching and copying. When you go search at google print, google does not give you a copy of the book, they give you a "buy here" link.

      Just like the web search, but without the "cached" link, except for public domain books.

  58. Guttenb by unbeta · · Score: 1

    I guess Google, with all its pHDs, has never heard of: "Free eBooks - Project Gutenberg http://www.gutenberg.org/" Geez, just give them a wad of donation dollars and index their collection. It's 16,000 public-domain works that have already been scanned and proofed by volunteers.

  59. Re:Out of print - fair game = ABSOLUTE NONSENSE by Fulcrum+of+Evil · · Score: 1

    You should NOT be able to obtain material for the purposes of personal entertainment that is out of print but nevertheless covered by copyright. Why? because there is a compelling public interest to encourage the creation of novel works.

    Then how are we to populate the public domain? That's the purpose of copyright law, now creation of novel works.

    Should you be able to pirate this abandonware because it is "part of your culture?

    Yes. In fact, I favor stripping copyright of any work not published or made available for a certain period of years. I think 5 years is a good period, but you are of course free to disagree.

    where legitimate demand exceeds supply of existing licenses, companies can often be called upon to sell the rights for further sale

    Unless the company no longer exists and ownership is murky. Then noone can do so.

    Imagine if all game software written before, say, 5 years ago was "free". The net result would be a watering down of the current software market, and a net loss in choice for society

    How is this different from the current state of things?

    --
    "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  60. Big bucks means getting off scott free huh? by bgibby9 · · Score: 1

    How do they get away with Copyright infringment and we don't huh? Google says that if some of the works still fall within Copyright boundaries they're still going to do it regardless.

    That's a direct contradiction of the law. We do it and get burned, so should they!

    --
    http://www.gibby.net.au
  61. Mod parent up! by Anonymous Coward · · Score: 0

    Mod parent up!

  62. Wonder? by pedantic+bore · · Score: 1
    Wonder? Wonder?

    Even more likely, books will be published with AdSense ads pre-inserted.

    Welcome to the Googleverse. There's a black hole for information in the center of it, and man does that thing suck.

    --
    Am I part of the core demographic for Swedish Fish?
  63. Yahoo does it better via Open Content Alliance by mrklin · · Score: 1
    Here is one instance where Yahoo! has Google beat.

    Yahoo's plan is to scan books where the copyright has expired (Mark Twain, Henry james, William Shakespeare, etc) or where authors has signed copyright waivers (O'Reilly Media, National Archive of UK, etc). Yahoo! also plays nice with others - HP will do the scanning, Adobe is donating software, and most importantly, the results from the Open Content Alliance can be used by anyone - including Google or Microsoft.

    Why can't Google play nice?

    1. Re:Yahoo does it better via Open Content Alliance by JamesGecko · · Score: 1

      Here is why Yahoo's project is irrelevent: www.gutenberg.org/

    2. Re:Yahoo does it better via Open Content Alliance by mrklin · · Score: 1

      Here is why Projet Gutenberh sucks: no good search engine, no publishing house participation, no standards or accuracy (see http://www.gutenberg.org/about/faq0). Don't compare one guy's hobby to a serious effort to make content available AND searchable.

    3. Re:Yahoo does it better via Open Content Alliance by JamesGecko · · Score: 1
      Here is why Projet Gutenberh sucks:

      Hmm, both words of the service misspelled. This ought to be good.

      no good search engine

      Does the catalog not count? Ok, I'll admit that the search engine is more of a card catalog, but using "site:http://www.gutenberg.org/ search_terms" on Google has always worked fine for me.

      no publishing house participation

      The idea is to make the *full* text of books avalable. How much of the already in-copyright texts do you think you'll be seeing on Yahoo? So little it won't matter. Sure, you'll be able to search it, but you can already do that w/ Google's project. Yahoo simply seems to simply be mimicing stuff already happening, instead of trying to team up. In my book, it wastes time and makes them look suckup-ish

      no standards or accuracy

      You are correct, there are not *official* standatrds, but there /are/ an _unwritten set of rules_ about how text should be formatted that I've seen in 95% of the texts there. As of the accuracy, it's surprisingly high. The *worst* accurecy I've ever seen was six typos in a ~200 page book. The thing is, it's like Wikipedia. Stuff gets edited and updated to make it more accurate. However, this is just for the independantly produced sumissions.
      I've guessing well over 90% of the books for PG are submitted by Distributed Proofreaders They have a ton of standards, and the quality of the texts they produce is pretty amazing.

      Don't compare one guy's hobby to a serious effort to make content available...

      One guys hobby?! In the last 24 hours alone, there have been 470 people logged in and working at Distributed Proofreaders. When you consider that all these people are volenteers, that's pretty amazing. This figure probably does not include those who were scanning in more texts for processing.

      ...AND searchable.

      Google "site:http://www.gutenberg.org/ search_terms" if you will. Or, since you seem to be a shrill for Yahoo, try "site:gutenberg.org search_terms". (The URL seems to have to be dumbed down for Yahoo, for some reason.)

  64. Intellectual Property is Neither by Phoenix666 · · Score: 2

    It is simply greed. Limiting culture through copyright is the same thing to a society as putting a copyright on the use of the letter "E" would be to language. Language is how individuals communicate with each other. Culture (inclusive of music, literature, etc.) is how a society communicates with itself about its values, aspirations, and innovations. If you freeze culture in the straitjacket of copyright, then you necessarily freeze the ability of a society to dream, improve, and innovate.

    There is a reason why the Founding Fathers fought about copyright. In a limited fashion, it could promote innovation, as creators would have the economic incentive to create. Unrestricted, it would stifle innovation as surely as unrestricted reproduction would. We now find ourselves proving out the naysayers in that original debate.

    Children of the RIAA will argue that copyright has been a boon to the U.S. But if we had honored it from the first the American Industrial Revolution would have been long delayed because the engineers and entrepreneurs of the Republic would not have been able to copy British innovations. If we had honored it from the first then the evolution of an American voice in literature would have been delayed because many early novelists borrowed liberally from Imperial British sources. And, most famously of all, especially here on Slashdot, this country would not even have had a national anthem if Francis Scott Key had not lifted the melody of the Star-Spangled Banner wholesale from a British comic opera.

    So consider that carefully, children of the RIAA. Much of what you associate with American strength would not now exist if you had ruled then. Many of the things, the rights, the freedoms, the material comforts, the power, and the influence would not now be yours to cast away if you sat in a council of influence then. It simply would not have come to be.

    Human societies and cultures live and die on innovation, which is wholly dependant on the free flow of information.

    --
    Do what you can, with what you have, where you are.
  65. Treaties by tepples · · Score: 1

    drop the copyright period to 28 years or life of the author + 14 years and apply it retroactively.

    Won't work. Under the Berne Convention, the United States is required to recognize foreign copyrights for at least life plus 50.

    1. Re:Treaties by Fulcrum+of+Evil · · Score: 1

      Won't work. Under the Berne Convention, the United States is required to recognize foreign copyrights for at least life plus 50.

      Well, we backed out of the ballistic missile treaty. This should be a bit easier ;)

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    2. Re:Treaties by japhmi · · Score: 1

      Under the Berne Convention, the United States is required to recognize foreign copyrights for at least life plus 50.

      Yes, but the US can change the requirements for domestic copyrights to whatever it wants.

      Which, of course, would make some oddities, and get major companies to start registering their copyrights overseas...

      --
      "Giving money and power to government is like giving whiskey and car keys to teenage boys" P. J. O'Rourke
  66. What is a limited run? by tepples · · Score: 1

    the governments of the world are greatly remiss in not creating a copyright exemption for out-of-print items that were never intended to have specifically limited runs.

    Who makes the decision that a work was "never intended to have [a] specifically limited run[]"? Besides, at least Canada and the United States have taken steps toward partially opening orphaned works that are nearing the end of their copyright term.

    1. Re:What is a limited run? by supabeast! · · Score: 1

      "Who makes the decision that a work was "never intended to have [a] specifically limited run[]"

      The artist does - for example, one-of-a-kind paintings and sculptures, or prints clearly labled as being one in a limited series. In such cases it should be obvious that a limited, one-time print run was intended, and artists who support themselves by producing limited-availability works should be protected by the "it was out of print" defense.

    2. Re:What is a limited run? by susano_otter · · Score: 1

      Why should such artists be protected?

      Nothing prevents them from supporting themselves by some more sure method than turning out the occasional shiny artwork.

      --

      Any sufficiently well-organized community is indistinguishable from Government.

  67. What is "Progress"? by tepples · · Score: 1

    Then how are we to populate the public domain? That's the purpose of copyright law, now creation of novel works.

    Copyright exists "To promote the Progress of Science and useful Arts". Whether "Progress" means expansion of the public domain or expansion of the total number of works in existence is still hotly debated by legal philosophers.

    1. Re:What is "Progress"? by N3wsByt3 · · Score: 1

      Maybe "progress" means higher profit and control? This is still hotly debated by corporate lawyers.

      --
      --- "To pee or not to pee, that is the question." ---
  68. Public knowledge by tepples · · Score: 1

    Open Source like the GPL uses the copyright to keep things open, but commericial uses copyright to restrict. Each is a choice made by their respective owners and NEED TO BE RESPECTED!!!

    Problem is when purveyors of proprietary publications push their property into the public perspective and then go lawsuit-happy against not only their fans but also people who create other works not even knowing what they're subconsciously copying. Mickey Mouse, Winnie-the-Pooh, and Gershwin's Rhapsody in Blue are part of public knowledge and are "public domain" in every sense except that of copyright. When you create folklore, don't be surprised if people treat it like folklore.

    Besides, why does an extended copyright need to be respected? For example, Walter Elias Disney created and published the initial Mickey Mouse trilogy (Plane Crazy, Gallopin' Gaucho, and Steamboat Willie) with the expectation that the copyright under the 1909 act would be renewed in its 28th year and expire after its 56th. George Gershwin wrote and published Rhapsody in Blue under the same expectations. What's with this Sonny Bono 95 year bullshit?

    1. Re:Public knowledge by japhmi · · Score: 1

      Winnie-the-Pooh,... [is[ part of public knowledge and are "public domain" in every sense except that of copyright.

      Actually, the original Winnie-the-Pooh books are in public domain, the movie version isn't.

      The first Pooh movie from Disney that I could find on IMDB was from 1966 - so under the old system it would be under copyright until 2022.

      --
      "Giving money and power to government is like giving whiskey and car keys to teenage boys" P. J. O'Rourke
  69. "We"? Who are you talking about? by tepples · · Score: 1

    And "we" passed laws granting the protections Google seems bent on ignoring.

    I wasn't even born when the Copyright Act of 1978 was passed, and I wasn't old enough to vote when the 105th Congress (NET Act, Bono Act, DMCA) was elected. How can "we" be responsible?

    If you want it bad enough to steal it, why not go and buy a used copy?

    Where? If you suggest a web-based auction venue, does "0 results" mean anything to you?

    1. Re:"We"? Who are you talking about? by notasheep · · Score: 1

      "I wasn't even born when the Copyright Act of 1978 was passed, and I wasn't old enough to vote when the 105th Congress (NET Act, Bono Act, DMCA) was elected. How can "we" be responsible?"

      The "we" is the American public, of which you are a part.

      "Where? If you suggest a web-based auction venue, does "0 results" mean anything to you?"

      It sure does, it means you're SOL. Or, you could go and steal a copy. Better yet, why don't you go and steal a Van Gogh? He isn't making them anymore and I bet your same web-based auction venue has "0 results" as well - I guess that entitles you to a free one.

      --
      Your mind looks a little cramped. Why don't you stretch it a little?
  70. Fair use is a right. Here's why by tepples · · Score: 1

    Google don't have any fair use rights. (Neither does anyone else under US law: fair use is an affirmative defence.)

    In the opinion of the Supreme Court in Eldred v. Ashcroft, the Court hinted that the fair use defense is necessary to make copyright compatible with the First Amendment.

    1. Re:Fair use is a right. Here's why by wombert · · Score: 1

      How can they claim fair use if they haven't even purchased a copy of the work? They're borrowing it from the library in order to make copies, and the copies are then owned and used by Google, not the library.

      --
      Did I say overlords? I meant protectors.
  71. that's not logarithmic, that's exponential by Anonymous Coward · · Score: 0

    you meant to say exponential scale.

  72. The point of copyright by tepples · · Score: 1

    Yes, you're missing the entire concept of copyright. You know, where the author has the right to decide when, where and how their work may be copied?

    The point of copyright and patent law is "To promote the Progress of Science and useful Arts". In fact, copyright and patent law are the only powers that Article I of the U.S. Constitution grants to the Congress with an explicit justification. How does this search engine oppose "promot[ing] the Progress"?

  73. Chastity Bono and a pattern of extension by tepples · · Score: 1

    When the Sonny Bono Act's 20 extra years lapse, copyright interests will be back in Congress demanding, and receiving, another 20 year extension.

    The opinion of the Supreme Court in Eldred v. Ashcroft hinted that the Court upheld the 1998 copyright term extension only because it could not find a clear pattern to the Congress's behavior that suggested that it was actually trying to create a perpetual copyright on the installment plan. Some legal scholars theorize that the Court would likely throw out a third successive "Chastity Bono" term extension on two grounds: First, three successive extensions would establish a clearer pattern of behavior than two. Second, the Court might draw from a tradition in common law that any lease longer than 99 years is considered a perpetual lease.

  74. Backing out of Berne == backing out of WTO by tepples · · Score: 1

    Well, we backed out of the ballistic missile treaty. This should be a bit easier ;)

    Rolling back copyright terms to 1909 levels would require backing out of the Berne Convention, which in turn would require backing out of TRIPS, which in turn would require backing out of the World Trade Organization. What would that do to a country's international reputation?

    1. Re:Backing out of Berne == backing out of WTO by Fulcrum+of+Evil · · Score: 1

      What would that do to a country's international reputation?

      If we backed out of WTO, that might be a positive thing on the whole.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    2. Re:Backing out of Berne == backing out of WTO by Kelson · · Score: 1

      What would that do to a country's international reputation?

      Nothing we haven't done already. What reputation have we got left?

  75. Gutenberg will end. by tepples · · Score: 1

    If all works first published before 1923 remain copyrighted, Project Gutenberg will eventually run out of material to scan. What happens then?

  76. Can I also do this, then? by Anonymous Coward · · Score: 0

    If google can do this, why not me; I'll copy all the books I get from the libray and put up a website with search functionality (ok, no full download of the book).

  77. CORRECTION by tepples · · Score: 1

    -If all works first published before 1923 remain copyrighted, Project
    +If all works first published on or after 1923 remain copyrighted in the United States, Project

  78. Serial numbering == limited series? by tepples · · Score: 1

    The artist does - for example, one-of-a-kind paintings and sculptures, or prints clearly labled as being one in a limited series. In such cases it should be obvious that a limited, one-time print run was intended

    Nothing is "obvious" to a Hollywood lawyer. If the author of a work makes the decision whether or not to label a print run as a limited edition, then authors and their publishers will label every printing of every work as a limited edition just to take advantage. So when DisneyCo puts a serial number on each print of a movie and on each VHS or DVD copy in a six-month run, can DisneyCo claim that the release is a "limited edition"?

  79. Re:You missed the truck she drove thru Google stan by Anonymous Coward · · Score: 0

    Indeed, if Google loses control somehow, it will be up to the actual copyright holders to pursue legal action and so on. That's life.

    This is one of the stupidest comments I have ever read on Slashdot. There is so little understanding of the legal system it is heartbreaking and why is it always people who write things like "that's life" or "get real" or "wake up" who are the first people to flip out when their own personal welfare or property are damaged.

    But as long as each copy they are making is fair use

    That legal issue is unclear regarding Google's Project.

    Copyright holders can't say "but what if someone steals it and makes copies!!??"

    Actually, they can.

    If that happens, you can sue the thief/copyright-violator, but not Google (barring any obvious negligence etc.)

    Yes, you can sue Google.

  80. OK, so how do I help reverse it? by tepples · · Score: 1

    The "we" is the American public, of which you are a part.

    So what can I do to help put representatives and senators in Congress who will not be slaves to the major publishers of proprietary works of entertainment?

  81. Not very well, apparently by Anonymous Coward · · Score: 0
    How do they verify that the items being scanned are being scanned properly?

    Not very well, apparently

  82. Re:Out of print - fair game = ABSOLUTE NONSENSE by SimilarityEngine · · Score: 1
    --
    Those who can make you believe absurdities can make you commit atrocities. - Voltaire
  83. Great! by Anonymous Coward · · Score: 0

    I think that it is really great that Google does scan books because it makes it alot easier to find information and makes the books prevail longer and can get me attention to books which I would else never read or know existed.

    But where are these online books? Does Google have any site for the books yet?
    What format are the books in? OpenDocument? PDF? HTML? TXT ?

  84. Re:Out of print - fair game = ABSOLUTE NONSENSE by kurzweilfreak · · Score: 1

    I hadn't done a search on it yet, but you are still my new hero. :D

    --

    kurzweil_freak

    5th Kyu Genbukan Ninpo/KJJR student

    Be the darkness that allows the light to shine.

  85. Re:You missed the truck she drove thru Google stan by Anonymous Coward · · Score: 0

    You make very decisive statements, yet provide no references to back them up, nor any rationale why you are right. If your knowledge of the legal system is so advanced, why not enlighten the rest of us? Why is it that people who write "That's the stupidest thing I've ever read" are never the ones to provide the discussion with any useful information?

  86. Ah, Disney by freeweed · · Score: 1

    Heh. Disney is actively evil on so many levels they make Microsoft look like Buddha.

    I remember an ad campaign for one of their extremely old (ie: should long since have been out of copyright) movies back around 1995-99. Might have been Fantasia. Anyway, the entire ad campaign was "THIS IS YOUR LAST CHANCE TO OWN $MOVIE THIS MILLENIUM".

    Um, yeah, really?

    I believe $MOVIE was re-released on DVD by 2001 or 2002. They may have even advertised it as "available for the first time this millenium". Hilarity always ensues with these folks.

    --
    Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
  87. It's ALIVE!!! by tomhudson · · Score: 1

    and ultimately relies on reproduction for its long life.

    See - sex DOES help you live longer.

  88. Oh, pooh by tepples · · Score: 1

    Actually, the original Winnie-the-Pooh books are in public domain

    How? The four canonical Pooh books by A. A. Milne are When We Were Very Young (1924), Winnie-the-Pooh (1926), Now We Are Six (1927), and The House at Pooh Corner (1928). All were published on or after 1923 and are thus subject to the Sonny Bono Copyright Term Extension Act. Milne died in 1956, making the works subject to European and Australian copyright term extension until 2027. Was there a faulty notice or a failure to renew?

    1. Re:Oh, pooh by japhmi · · Score: 1

      Hmmm... I seem to have come across some old information Winnie-the-Pooh would have originally been in the public domain in 2001 before the Sonny Bono act.

      --
      "Giving money and power to government is like giving whiskey and car keys to teenage boys" P. J. O'Rourke
  89. Re:You missed the truck she drove thru Google stan by fm6 · · Score: 1
    A library has a bunch of books. They protect those books. I can go to a library, steal the books, make copies, and sell the copies. This is illegal. I don't think any court would honestly hold the library responsible.
    Not true. Libraries are very careful about not facilitating piracy. Ever notice the legal warnings next to the copying machine? Or try checking a book out of a college library and taking it next door to the campus copy center. They will not let you make a copy of the whole book, or any copy that exceeds their notion of "fair use".

    Of course, all these measure are a joke: if you really want to make an illegal copy, you just need a scanner or a self-service copier. But that doesn't remove the obligation of the library to make copying as hard for you as they can.

  90. Too many queries? by tm1rules · · Score: 1

    Am I searching too fast? "A computer virus or spyware application is sending us automated requests, and it appears that your computer or network has been infected." I was then prompted to enter in the word verification. Then, on my next query, I was prompted to enter my gmail password.

  91. Re:flouting, not flaunting says diction police of by Lorki · · Score: 1