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Reining in Google

CDPatten writes "The Washington Times has an op-ed piece by two writers typically on opposing sides of the isle, Pat Schroeder and Bob Barr. The article is brief, but overwhelmingly opposes the Google Print service. From the article 'Not only is Google trying to rewrite copyright law, it is also crushing creativity ...Google envisions a world in which all content is free; and of course, it controls the portal through which Internet user's access that content. It would completely devalue everyone else's property and massively increase the value of its own.'. It sounds to me like they might be slightly peeved that Google is resuming the scanning.

552 comments

  1. Indexing or Caching? by sbaker · · Score: 4, Insightful

    I don't see any difference between what Google are doing here and what they do to index web sites.

    The roam the web - they take local copies of every web page - they index those pages - then they display a 'snippet' of the page in response to a search query.

    Same deal with the books. Scan them into a private archive, index the archive - display the title and a sentence or two of content to provide context. I see no problem with that.

    What is problematic (both with the Web indexing and Book indexing) is the Google 'cache' - where you can get the content of the web page from Googles cache if the original web page is missing or slow. That is (in my opinion) a breach of the Web page owner's copyright - and would be a breech of the book's copyright too.

    However, the indexing service that Google (and others) provide for the Web is the only thing that makes the Internet useful. Doing that for books would be of HUGE benefit to mankind and absolutely must be allowed - even if copyright law has to be changed to make it happen.

    Let's think carefully about the 'Google cache' thing though - that's dubious because it allows people access to content without going through the content provider's access mechanisms. That's the thing that deprives the author of value. Indexing actually increases the value of a work because it allows people to find it - and therefore increases the pool of potential purchasers by an enormous factor.

    Google indexing should be the savior of printed media and authors should support it.

    Google caching is morally dubious.

    --
    www.sjbaker.org
    1. Re:Indexing or Caching? by Anonymous Coward · · Score: 1, Insightful

      It's one thing for Google to scan snippets or otherwise create an index - that is 'fair use', lots of people do it (reviewers, for example). But it's quite another to scan every single word and make those words available in some manner. That *is* a clear breach of copyright and isn't fair use.

    2. Re:Indexing or Caching? by KiloByte · · Score: 2, Interesting

      Let's think carefully about the 'Google cache' thing though - that's dubious because it allows people access to content without going through the content provider's access mechanisms.
      For things the "content providers" already made publicly available, for crying out loud. What you want to do, is applying extra restrictions management over what was emitted to the public. If you want that "content" to be private, you know how to restrict it in the first place, Google will obey your request.

      And for books, Google Print scans books for which the copyright has already expired. Promoting them is a huge boon to the society, to everyone except for publishers who want revenues from books that are supposed to be available to the public.

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    3. Re:Indexing or Caching? by SenseOfHumor · · Score: 1

      You can not relate the two. Google shows the snippets of the website and then takes you there - to their sites(even to a cached page is ok to a certain extent as it was public at some stage). It is simply directing you to a webpage that is public and free.

      You can not apply the same about a published book that is not free. I like reading books free on the web but it doesn't mean that it is right and legal.

      Do no evil - to your bank account!

    4. Re:Indexing or Caching? by Zacha · · Score: 5, Informative

      Not originally. At first, things like the New York Times were cached and able to be searched; that is, the articles they were trying to make people pay for. The NYT asked Google to take those pages down.

      And for books, Google Print scans books for which the copyright has already expired.
      No. That's the Yahoo and Microsoft versions. Google will scan copyrighted books without explicit permission. See this article, by way of example.

      "The Google project ... includes both public domain works and printed materials under copyright, although it would handle and display these two differently.
      ...
      The OCA [Open Content Alliance] will seek to digitize all public domain works, but only copyright material for which they gain explicit consent from the publisher. Made up of Google competitors Yahoo! and the Microsoft Network (MSN)"

    5. Re:Indexing or Caching? by interiot · · Score: 1

      On the web, there are a variety mechanisms that store 100% copies of webpages and images: corporate/ISP/college proxies, individual's browser caches, and to some extent the search engines themselves. Also, it's almost become standard operating practice that these kinds of things are opt-out, just like the cache is. Though I don't know how exactly that fits into the four factors of US fair-use law.

    6. Re:Indexing or Caching? by shanen · · Score: 2, Insightful
      I think you're completely missing the boat here. When someone puts something on the Web, they have agreed to try to make it visible, and Google is serving their interests by making it more visible.

      The conflict of Google caching is not that they scan pages and use that content for indexing and search results, but that they allow the cached content to remain available even after the authors have changed the site so those keywords no longer exist. I frankly think it's difficult to justify that use of caching. That's the goal of the Internet Archives Project, but in Google's case it would make good sense to offer the cache-based version only if the original site is down (or /.ed).

      (For people who are eager to distribute content but who want to minimize their bandwidth charges for their own servers, it would actually make excellent sense for Google to offer some special metatag to encourage cache availability all of the time. (Though they ought to offer some kind of service for site owners to get a "hit report" for the cached access directly from Google. Obvious implementation would be with a metatag that authorizes an address for a robotic query--only the site owner could add that to the webpage.))

      The conflict with the publishers and authors is *completely* different. However, I don't blame Google for trying to adapt to the new technologies, and you can't blame the defenders of the old system for crying when those new technologies are threatening the very existence of their system. To heck with the children! What about the money!?!

      Libraries have always had a tenuous relationship with publishers, because borrowed books are only sold once. The argument there was that the public derived large enough benefits that it was okay. Also, the libraries are seen as kind of good publicity and not very accessible, so they (the publishers) can still still books, and perhaps even make more sales to a more literate population.

      The Internet is changing things radically. The recent story about newspapers suffering is only a different tip of the same iceberg. From that perspective, the only solution is to ban the technology, which seems unlikely.

      When the Internet library is banned, only outlaws will have libraries?

      In conclusion, I think the publishers are doomed. The Internet is not going to be banned. It doesn't matter if Google or someone else does it. The books are going to become available via the Web, and the publishers can try to adapt or they can become extinct. Google just wants to be first for the same reason Amazon wanted to be first.

      (And the CSS weirdness in the preview and editing areas is over here, too? Looks like an accessible page now. I'm still wondering if it's somehow linked to the latest abuses of anonymous moderation...)

      --
      Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
    7. Re:Indexing or Caching? by scolby · · Score: 3, Insightful

      There is a HUGE difference between indexing a web site and indexing a printed work.
      Indexing a web site leads people to that actual web site, encouraging the user to do the things that will make money for that web site. In this case, Google makes money helping others make money.
      Indexing a printed work in no leads to the user actually doing anything that will make money for the person(s) responsible for that work. Although Google makes money in this scenario, the owners of that content do not. This is what we call exploitation.
      And I wholeheartedly agree with your opinion of the cache.

    8. Re:Indexing or Caching? by Anonymous Coward · · Score: 0

      As a Computer Scientist by education, I value brevity.

      (Most) websites DO NOT charge for the public to view their site. They welcome their site being indexed.
      (Most) authors DO charge for the public to view/read their books. They don't welcome their content being indexed and available for _free_.

    9. Re:Indexing or Caching? by WindBourne · · Score: 4, Insightful

      You have already said that indiexing is fair use. In order to index, they need the whole book.

      Google only makes available a limited selection of the book at a time. that is, you can see pages 1, 2, and 3 while I may actually see pages 100,101, and 102. If we are limited to how many pages can be seen, then clearly that is fair use.

      Now, the argument is that I can piece the book together via the google mechanism. Yes, that is true. It is work on my part, but it can occur. Of course, I can also scan it myself. The very nature of doing that, though, indicates that I am the one breaking the copyright. In both cases, I had to work at breaking the copyright mechanism.

      So no, Google is not breaching copyright.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    10. Re:Indexing or Caching? by div_2n · · Score: 3, Insightful

      The Internet is an entirely new medium for which copyright laws as they were written prior to its creation do not adequately address its operation and functionality. For example, I can view a web page by which the content is literally copied to my computer in order for me to read it. I COULD leave that web page up indefinitely on my machine. Just for fun, I could load up a page on a public terminal and leave it for all who walk by to view. Heck, even some of the images may be cached on my machine locally. Maybe I run an ISP and I have a proxy in place that caches most of the entire web page. By your definition and that of copyright law, the use of a caching proxy server is copyright violation.

      It seems to me that if a content provider of a web page doesn't want their pages cached either by my machine, my proxy or even Google that they should employ a robots.txt file AND password protect the site to keep Google out. Otherwise the Internet is basically no different than putting stacks of fliers (web pages) everywhere and being upset if someone takes (types in a URL) more than one (caching) to give to their friends (serving cached pages).

    11. Re:Indexing or Caching? by revery · · Score: 1

      The big difference between a "book data" cache and a web content cache is that web data is already freely available on the web. It's hard for someone to argue that Google has deprived them of anything by distributing their copyrighted information (except maybe tracking info they would get from someone visiting their site directly - which may be fairly significant in some cases) whereas an author has not already made their information freely available. Additionally, depending on the content of the book, their work may have been devalued by its dissemination (especially for reference works) because someone looking for specific pieces of information supplied by the book, no longer have to buy it to get it (I'm thinking specifically of a lot of the O'Reilly books)

      Anyway, that's my 2 cents.

    12. Re:Indexing or Caching? by interiot · · Score: 1

      I don't think the law supports your arguments about "publicly available". Copyright still applies to websites in general. Just because an image or text is on the web doesn't mean it's legal to copy entire pages and republish them under your own name, for instace.

    13. Re:Indexing or Caching? by Anonymous Coward · · Score: 0

      Indexing a printed work in no leads to the user actually doing anything that will make money for the person(s) responsible for that work.

      Because after reading the snippet from the book presented, and seeing that this is just the book he is looking for, there is no way the user is going to click on the Amazon link to buy the book to read it?

      Or are you saying that before google print, he would have to buy the book to find out that it's useless, now he can just search google, and avoid buying the ten useless books about the subject, and focus on the one good book? In that case, yeah, it's going to be a huge loss to bad writers.

    14. Re:Indexing or Caching? by Skye16 · · Score: 1

      I wasn't under the impression the entire content (ie: the book) would be available for free. All this would do, for me, is know where to look, or, possibly, what to buy. A book on astronomy, for example, may have a fantastic explanation of plate tectonics, but, if you were to be doing a research paper, would you look there? No. Instead you'd look for books explicitely pertaining to the topic of geology. And thus you would forever be left in the dark concerning the former. Does this not strike you as remarkably silly?

      I can understanding not wanting someone to steal a complete copy of your book, but not allowing the contents of your book to be searchable goes against the spirit (if not the letter) of copyright law. The whole point of copyright is to promote public benefit. What is more beneficial - a library whose contents you know nothing of without reading it all yourself or judging by the title - or an indexed and searchable repository of knowledge?

      This isn't to say what Google is doing is right in its entirety, but I've yet to hear a compelling argument that says the idea of it is wrong. Remember: intellectual "property", in this case, copyright, was not conferred upon creators just to make them rich. It was also to promote the growth of ideas for the public good. If a searchable library of all our information is not in the public's best interest, then I don't know what is.

      Summary: Google may well be breaking the letter of the law, but they're following the spirit of the law more closely than almost any before it. Google may well be implementing things incorrectly, but the general concept; a searchable library, is absolutely wonderful.

    15. Re:Indexing or Caching? by Pieroxy · · Score: 1

      While I am 100% pro-google-print, I think there is a HUGE difference between indexing webpages and indexing a book. Webpages (at least those indexed by Google) are all accessible for free to everyone. Books are not. You have to pay to get one (even if only a subscription to a library).

      Now I am not saying that it is bad to index books. I am saying that there is a difference in the procedure.

      But this was to be expected. You deprive the printing companies from a bit of their control over their content. They will fight, as RIAA and MPAA are fighting and hopefully they will lose.

      That said, with a decent OCR program, it would be pretty trivial to write a script that just dumps a book from the snippets provided by Google. So there is a security issue right there.

    16. Re:Indexing or Caching? by Pofy · · Score: 1

      >I don't see any difference between what Google are doing here and what they
      >do to index web sites.

      What they do with books is that they are making copies (through scanning) which is in general not allowed by copyright laws. Why should Google, as a company that makes money, be allowed to make copies of tons of books when typically normal persons would not? Or are you claiming that it is perfectly OK to make copies of any book you want?

    17. Re:Indexing or Caching? by BrokenHalo · · Score: 1
      Nearly every copyright statement I've ever read in a book contains the phrase: "...or stored in an information retrieval system without the copyright holder's permission", or words to that effect..

      So no matter which pages Google cares to re-release to re-release at a given time, they are indeed breaking the copyright agreement.

    18. Re:Indexing or Caching? by EggyToast · · Score: 1
      It leads the user to the printed work, showing them how it's relevant to their search. Without the search, the user would not be aware of the printed work nor its relevance.

      And it's well known that Google does not place any ads on copyrighted work pages. Meaning it *costs* them money.

    19. Re:Indexing or Caching? by IAmTheDave · · Score: 1
      The Internet is an entirely new medium for which copyright laws as they were written prior to its creation do not adequately address its operation and functionality.

      I think it's even more than this. Whatever happened to information wants to be free? Time and again has it been proven that giving people access to information copying techniques (photocopiers, tape decks, vcrs) does not stifle sales, kill innovation, or ruin industries. Those industries continue to grow. The same goes for books.

      But the kicker is (as is mentioned above) that Google isn't giving you the whole book! They are simply giving you the best means possible to find art that exists and is available to you - as a citizen, or as a consumer.

      This isn't about what Google is doing - the fundamentals are all pretty damn sound. Google Print will mostly likely drive huge sales increases. Rather, this is about power and control. The people who own the copyrights (rarely the authors) want to be able to say no because it makes them feel powerful and important. Tough luck. The sooner we wrestle some of the power out of the hands of these "copyright holders" who continually push to suppress artisitic innovation from becoming the property of the collective public (Bono act) and are always hoping that unlimited copyrights are just around the corner, control of information is power and they will do anything to hold on to it.

      Remember what Pat Schroeder, the former Colorado congresswoman and head of the AAP said:

      "The law does not say you can take my stuff because you're going to do something with it that is going to be really good for humanity."

      God forbid.

      --
      Excuse my speling.
      Making The Bar Project
    20. Re:Indexing or Caching? by Anonymous Coward · · Score: 0

      The point is, it's not Google's place to scan in all this copyrighted material. It's the copyright holder's. How Google *indexes* (as opposes to stores) the copyright holder's content is then a moot point according to fair use. But Google can't just simply rip someone else's stuff, store it on their servers and the hell with everyone else. You'd get sued if you tried that - why should Google be any different?

    21. Re:Indexing or Caching? by skiflyer · · Score: 1

      except maybe tracking info they would get from someone visiting their site directly - which may be fairly significant in some cases

      What about ad revenue? I would've pegged that as the biggest objection for commercial sites towards google cache.

    22. Re:Indexing or Caching? by BrokenHalo · · Score: 1
      doesn't mean it's legal to copy entire pages and republish them under your own name

      Which is apparently the point; if I understand the article correctly, Google seems to be unilaterally trying to change the law to suit its own purposes.

    23. Re:Indexing or Caching? by WindBourne · · Score: 1

      So the real question is, is that legal?

      Just because they write that in the book does not make it so. In fact, I just looked at one book that had that in it, but it also said that to reproduce in part is also prohibited. But that is not so. Under fair use, we are allowed to reproduce in part. IIRC, there was a case on this already, and publisher lost.

      In addition, that being written is no different than the MS's eula in which it said that you agree to the eula by simply opening the package. It was later tried and shown to be illegal.

      Lesson of the story; just because it is written does not make it so.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    24. Re:Indexing or Caching? by tbannist · · Score: 1

      Dman right! Caching is dangerous and obviously illegal. We should require everyone to have local shell access to the web server so they can read the original document. After all, every time you "visit" a web site in reality you are really making several unauthorized copies (a local copy plus one copy for each cache the file passes through, not to mention the error tolerance redundancy in the HTTP protocol), and the author should be allowed to charge you for each and every copy made.

      Really this whole internet thing is on dubious intellectual property grounds, we should should just take the whole thing down. You should start with your computer. You'd better destroy it before some less morally upstanding person gets a hold of it and commits copyright infringement. The rest of us, well... we'll get on that... right away...

      --
      Fanatically anti-fanatical
    25. Re:Indexing or Caching? by Billosaur · · Score: 1

      I don't see any difference between what Google are doing here and what they do to index web sites.

      There is a big difference, in that copyright law exists to protect the author from abuse and or outright plagarism of their material. As an author and publisher I can see the argument here. It is fact technically illegal for you to copy a book using a photocopier, unless the material is for your own private use and not meant for commercial distribution. College professors routinely violate these rules when they photocopy and distribute copies of works for use in their classes. And what exactly gives Google the right to do this? Just as I didn't appoint TransUnion or Experian to keep track of my credit history, I didn't cede any of my rights to Google to allow them to access any of my published work. They have taken it upon themselves to do this and must suffer the legal backlash. To make this service available will require rewriting the laws.

      Then again, because I am a science fiction writer/fan, I know that the idea is to make all information accessible to everyone. Google is on the right track, and no matter the outcome of any legal wrangles, will be seen as a pioneer in providing a unified, global resource for information distribution. Wouldn't it be nice to sit down with a Internet-connected, digital book plaque and call up any work you choose to? The only thing that I see as an impediment to a system like that is the requirement to make money. If authors and publishers didn't need to make money, they wouldn't be putting up much of a fuss.

      We won't be seeing Utopia anytime soon.

      --
      GetOuttaMySpace - The Anti-Social Network
    26. Re:Indexing or Caching? by BrokenHalo · · Score: 1
      Under fair use, we are allowed to reproduce in part

      Indeed, but I doubt if reproducing content for the express purpose of generating advertising revenue constitutes fair use by even the most flexible definition of the term.

    27. Re:Indexing or Caching? by tbannist · · Score: 1

      "That said, with a decent OCR program, it would be pretty trivial to write a script that just dumps a book from the snippets provided by Google. So there is a security issue right there."

      So you're saying it's a security issue with Google because if I have a copy of the book and an OCR scanner, and I scan the book into a digital format. Then I could theoretically use Google's index to make a digital copy of the book?

      Seriously, think about that for a few seconds.

      --
      Fanatically anti-fanatical
    28. Re:Indexing or Caching? by vertinox · · Score: 1

      "Google caching is morally dubious."

      So is speeding and having sex for other reasons than procreation.

      But you don't see me complaining...

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    29. Re:Indexing or Caching? by xeoron · · Score: 1

      Since they only provide snippets on non-public domain works, it still falls under fair-use. It does not matter how the info is indexed and stored, since they are allowed to have a copy. What matters is what they share and display to others.

    30. Re:Indexing or Caching? by WindBourne · · Score: 1

      No doubt this will go to the supreme court. The real issue is that they are not deriving their income directly from the book. So in that regard they are more like a used book store or even a coffee shop.

      From where I sit (I have 2 tech books and 2 research papers), I like it. They do not have my work in there, but I wished they did (For the 2 books, I signed over all rights, so I have no say).

      --
      I prefer the "u" in honour as it seems to be missing these days.
    31. Re:Indexing or Caching? by EggyToast · · Score: 1
      Some books are provided free to people. Public domain works, free information books (and booklets), other information guides.

      And plenty of websites are NOT free. Any website with subscription content or "pay access" is not free.

      It's entirely possible to pay for the printing of a book and give it away to people for free. It's also entirely possible to put the entire works of a given author up on a website, in HTML, and put it in a pay or subscription section, hiding from the rest of the web.

      The web is just a different publication medium. The inherent difference is digital vs. analog, not "pay vs. free."

    32. Re:Indexing or Caching? by MindStalker · · Score: 1

      No they are scanning in copyrighted books. But obviously they are only going to display cache contents of out of copyrighted books. How do I know this.. I don't only the fact that google would have the pants sued off them if they did otherwise. In fact many publishers are trying to sue google right just for scanning the books.

      Personally I wish google would be clearer on their intentions, but obviously they are going to be forced to say within the context of copyright law, as so far as what they are going to allow end-users to see. What they are going to have to fight is the right to index these copyrighted books.

    33. Re:Indexing or Caching? by Politburo · · Score: 1

      For things the "content providers" already made publicly available, for crying out loud.

      So by your logic, I can "cache" the broadcasts of television stations, publicly available over-the-air, and redistribute them?

      The central idea behind copyright is that making things public doesn't override your rights to control the distribution.

    34. Re:Indexing or Caching? by Anonymous Coward · · Score: 0

      I think the most questionable part of Google's book scanning scheme is that they are making a copy of books that are under copyright, and keeping the whole copy. I certainly don't see any problem with Google scanning out-of-copyright books, and making the whole text available. However, the analogous situation to scanning and keeping a copy of books that are in copyright would be going to the library, completely photocopying each text, and keeping it. It seems to go beyond the fair-use notetaking/timeshifting exemptions. But, if they purchased a copy, scanned it, and kept the copy...that seems equivalent to a research librarian. You can call up a librarian, ask them to find information on a particular topic or containing a phrase, and have them photocopy an excerpt. But there, the research librarian is able to answer the question because they already purchased a copy of the texts they are searching. And, the librarian is not going to photocopy a significant portion of the book.

      That being said, I hope that any legal changes necessary to allow this are made - though I expect them not to be. This is far too useful a concept - both to researchers and to publishers - to let it fail for legal reasons.

      In terms of economics, I really don't think that anyone can seriously make the argument that the Google book service is going to negatively impact authors. There are a number of other services (eg. Amazon's opt-in search-inside-the-book) out there already that serve to demonstrate it is not a problem. (And, in my opinion, copyright law in the US should be based solely on economic, not moral, considerations. The Constitution specifically grants copyrights as a way to advance "the Useful Arts and Sciences"; Jefferson's concerns over limiting the free flow of ideas are as valid today as it was two centuries ago)

      As for Google Cache...I don't think it's morally dubious (though it is probably also legally questionable). Cacheing (like the Internet Wayback archive) quotes the whole page, with no change of attribution. Unlike the book service, they obtain their own "copy" of the page directly from the website author. If you view the web as more of a public forum than a final work, it is obvious that there is a public interest in recording what people have said in the past. To not allow it has little that is positive about it, and a lot that is negative - it feels very "1984" to be able to retract information like that. You can go to the library and see what the printed New York Times had to say on Nov. 11, 1955; will you be able to see what www.nytimes.com had to say on Nov. 11, 2005 in fifty years?

      The argument about provider's access mechanisms is odd. I get the impression that a number of sites allow Google to search "restricted" or "subscriber-only" pages (eg. so the public can see articles they could get with a subscription) and only later found out that people could then see the page through Google's cache. I consider this morally dubious on the part of the website - you shouldn't be able to have it both ways.

    35. Re:Indexing or Caching? by Anonymous Coward · · Score: 0

      So what's the difference between indexing a web page and indexing a book?

    36. Re:Indexing or Caching? by 1u3hr · · Score: 1
      Nearly every copyright statement I've ever read in a book contains the phrase...

      Wwell, that's what the publisher WANTS you to do (or not do), whether he has the right to dictate that is another thing; pretty much like a software EULA. I've actually drafted that kind of statement for books' "legal" pages, I have no legal training and just copied it from other books. I'm sure almost every publisher does the same.

    37. Re:Indexing or Caching? by Altus · · Score: 1


      So when the New york times quotes a book in its book review section in order to attract readers so that they can sell add space on that page they are also violating the copyright?

      People do this stuff all the time... the only reason anyone is getting up in arms is because google is trying to do it with every book. If what google is doing now is illegal then book reviews also cannot excerpt from a book and that whole web search thing? well there is no real difference between the IP on a web page and that of a book so you can pretty much stop doing that too...

      100 years ago we wouldnt be having this conversation... even if the technology to do what google is doing suddenly appeared...

      our whole concept of IP is throughly broken...

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    38. Re:Indexing or Caching? by Anonymous Coward · · Score: 0

      Google print has not and will not be posting ads. Google has stated this. It will, offer links to the publisher and online stores to buy the book (with a directly url to the book).

      Slightly Offtopic: if a library buys works for the public and lets the public borrow/copy etc, shouldn't they be allowed to just place everything online and only allow people whom have a library card for that town to access it?

    39. Re:Indexing or Caching? by GoRK · · Score: 1

      A lot of pay-for-content sites like NYT and others automatically grant the google crawler special exemptions to index content that is normally accessible to the general (non-paying) public but disable the cache via the mechanisms Google has provided. Sometimes you can get to restricted content on websites simply by impersonating the Googlebot UA. I personally believe that this is an abuse of Google's web search mechanism, but really the authors are making the same argument (but on the other side of the fence this time). Pot; kettle; black and whatnot.

    40. Re:Indexing or Caching? by WaterBreath · · Score: 1

      So in that regard they are more like a used book store or even a coffee shop.

      Except that at some point the authors did receive royalties for each copy of each work that the used book store sells. Google is making full copies for they're own private and profitable use, without the authors receiving any royalties for this new copy.

      If, instead of storing the full work in their systems, they did the scanning and stored only the absolute minimum amount of information necessary for functional indexing (can they do that without storing the whole work?), they might have a better case for claiming they're safe under fair use, or by way of making use of a library for its intended purpose. But that doesn't appear to be the case.

      All these problems would be solved if they'd simply made the whole program opt-in instead of opt-out. As far as I'm concerned the only entity that has the authority to declare a service to be opt-out is a government. And Google is not one of those. It's a corporation, a profit-machine existing firstly and foremost for the benefit of the shareholders, not for the benefit of humanity.

      So if they made it opt-in, would the service be as useful to Google's customers? No. But it would be more respectful of copyright law. The argument can be made that copyright law needs to be overhauled, and I think that's a good debate to have. But I don't think its wise to let a corporation represent the cause. Not even one so beloved as Google. Because in the end, they're providing the service because it's profitable to them, not because it's good for humanity. And there's no reason to expect that Google will continue to be "not evil" forever. We should not be giving corporations any more legal standing than they already have. They're close enough as it is to usurping the position of the individual as first-class citizen.

    41. Re:Indexing or Caching? by electroniceric · · Score: 1
      The OCA [Open Content Alliance] will seek to digitize all public domain works, but only copyright material for which they gain explicit consent from the publisher. Made up of Google competitors Yahoo! and the Microsoft Network (MSN)
      Open is the key word here, as in open standards and terms for indexing and searching. Let's look at the trends. E-book readers, while not widespread, are now seriously viable, thanks to the imminent release of usable electronic paper, as well as iPods and laptops. Consumers are starting to get interested in the idea getting book-length media via the Internet. If Google successfully builds a monopoly on searching for books, they will be able to shunt those searches off to whoever the (re)sellers of the electronic books are, and obligate them to obey their terms. Publishers lose the main value-add part of their services, marketing and distribution, and become editors for hire. Doubly so in a Google Printed world because Google's main goal is to do control marketing and distribution (and profit from ad sales and referrals as the transaction flows by).

      This sounds eerily reminiscent of every /.er's favorite company and their media player, or of the control (in the US) cellphone service providers exert over cellphone hardware. Remember when Microsoft was trying control SOAP/WSDL/DTD, and how everyone insisted they should work with standards bodies? Time to insist on that again, or we'll be buying only Google brand books, and end up lamer /. trolls writing about how 6006L3 S4X0R for the next decade.
    42. Re:Indexing or Caching? by Zerth · · Score: 1

      If reproducing part of the content for the express purpose of generating ad revenue wasn't fair use, then every newspaper and magazine that has a book review column would be in deep.

    43. Re:Indexing or Caching? by 1u3hr · · Score: 1
      That said, with a decent OCR program, it would be pretty trivial to write a script that just dumps a book from the snippets provided by Google. So there is a security issue right there.

      I don't think it would be trivial. From the examples I've seen these "snippets" amount to a couple of lines by default, you'd need at least 20 hits for each page, say 5000 for an average book. I suspect Google would notice such a search from a single IP and block it, though it would be possible to distribute it over time and different IPs.... But the "security risk" of public libraries is 1000 times worse. I can reserve any book over the web, pick it up a couple of days later, and OCR it. Much simpler than the espionage/hacker fantasy method of using a botnet to attack Google to get a copy of the latest Harry Potter book in 10,000 fragments.

      Ten years ago in Taiwan you could buy excellent reproductions of almost any bestselling Western book, printed offset by phoptgraphically copying the orignals. (Recently US pressure led to a crackdown and sadly you can't buy these any more.) Google hasn't enabled book piracy, it's existed for centuries.

    44. Re:Indexing or Caching? by AdamWeeden · · Score: 1

      Indeed, but I doubt if reproducing content for the express purpose of generating advertising revenue constitutes fair use by even the most flexible definition of the term.

      So if a magazine has a book review section and also has ads in the magazine they would have to pay the publisher for using their book? I don't think so.

      --
      I was quoted out of context in my autobiography...
    45. Re:Indexing or Caching? by skarphace · · Score: 0

      What is problematic (both with the Web indexing and Book indexing) is the Google 'cache' - where you can get the content of the web page from Googles cache if the original web page is missing or slow. That is (in my opinion) a breach of the Web page owner's copyright - and would be a breech of the book's copyright too.

      Well, no not really. The content is unedited, displayed as-is/was and clearly displays the fact that it's a cache and not to original. They are not taking other's content and rebranding it ignoring the copyright.

      --
      Bullish Machine Tzar
    46. Re:Indexing or Caching? by Eil · · Score: 1

      What is problematic (both with the Web indexing and Book indexing) is the Google 'cache' - where you can get the content of the web page from Googles cache if the original web page is missing or slow. That is (in my opinion) a breach of the Web page owner's copyright - and would be a breech of the book's copyright too.

      No it isn't. Google doesn't modify the content of the page or claim any copyright or affiliation on the cached page. The header at the top of a cached page in fact goes to great lengths to state so and even points users to the originating page. Even the ads are intact. Notice also that Google does not list any of their OWN ads on cached pages. They have ads on Google Print, but guess what? Those are ads to BUY THE VERY BOOKS that people are viewing. How is this not a win for all involved?

      Comparing Google's web cache to Google Print for this argument gets you nowhere because while the cache shows you the whole work, Google Print only shows you a very small excerpt. It's clear to me that most people who criticize Google Print are those who haven't bothered to use it. If they had used it, they'd notice right away that it's impossible to read more than a few pages of any one book. Google makes it abundantly clear that their intention is to provide your search results with a little bit of context. Not the whole book. Providing short excerpts relevant to search results is what makes this fair use in terms of copyright law.

      Let's think carefully about the 'Google cache' thing though - that's dubious because it allows people access to content without going through the content provider's access mechanisms. That's the thing that deprives the author of value.

      I don't see the validity of this argument. It is well known that if you make something available on the web, it is then assumed that you WANT the widest dissemination possible. If it's on a public web server, then it's fair game for viewing, downloading, indexing, caching, archiving, and mirroring. If this is NOT what you want, then it's your responsibility to secure your content in some way or find an alternate medium.

      If your goal is to restrict access to your content, there are well-documented ways to do it. You can place your data behind an authentication system, a clever script, or even just add a few <meta> tags to your site. Yes, this involves doing some work, but remember that the original intent of the web was to freely share information. If you don't want your information quite so free, you're going to have to put some effort into it.

      Also, let's entertain the hypothetical situation that some court finds Google caching "morally dubious" and orders them to remove the feature. What about those of us who WANT their web content cached by the largest search engine in the world? Many (including myself) maintain websites and post content that we'd like to see spread as far and wide as possible. We measure value in terms of readership rather than money. Google's cache is a Good Thing for us. If it were made illegal, then that deprives OUR work of value because its exposure to the Internet audience at large is then artificially reduced.

    47. Re:Indexing or Caching? by sbaker · · Score: 2, Insightful

      > Indexing a printed work in no leads to the user actually doing anything that will
      > make money for the person(s) responsible for that work.

      How not?

      How is this different from the list of citations at the end of a scientific paper?

      How else do you lead someone to something that'll make money for the author?

      1) You quote the title of the work, the name of the author and the name of the publisher. I'm pretty sure Google will do that.

      2) You might provide a link to a website where you can purchase the book. How long do you think it'll be before Google are making money by pointing you to Amazon and taking a click-though fee for that?

      I'm 100% certain that indexing printed works will be a win for the authors and publishers.

      What's much less certain is how much of the work Google could quote without destroying sales - their usual two lines of contextual quotation is *occasionally* enough to prevent me from clicking through to the underlying web site. If you were looking for the atomic weight of cadmium and enough of the target were quoted to tell you the answer - why would you click through? (Well, you might...but you wouldn't have to). In that case, the original web page author might be denied some advertising revenue or other valuable statistical data that he was seeking when putting up that information for free access.

      I think a couple of sentances of content is enough to verify that the web site is talking about the chemistry of Cadmium - and is not an artist supplier selling Cadmium Yellow paint. But it's a thin line.

      But what about books? I think the threshold for a book is much larger than for a web site. I would be buy the book just in order to read the rest of that paragraph? I think not. I think quoting *more* of the book is useful to both the author and to the person doing the searching.

      The cache is a different matter...there are many good reasons (listed ably by others earlier in this thread) why I might want my copy of the page to be the only one people access. I let them read it - but I might prefer that copying were not allowed.

      There is also a distinction here between what IS legal and what OUGHT TO BE legal. Both are worthy of discussion in the context of "Should the copyright law be changed in order to *clearly* allow indexing?" - which is obviously a huge public good.

      --
      www.sjbaker.org
    48. Re:Indexing or Caching? by Hawke666 · · Score: 1

      "I like reading books free on the web but it doesn't mean that it is right and legal."

      ummm... Baen Free Library, Project Gutenberg?

    49. Re:Indexing or Caching? by interiot · · Score: 1
      Google caching is morally dubious.
      Yes, I agree that it's possible that a ruling against Google Print might have repercussions on Google Cache.

      As far as I can tell, whenever a lawsuit has been brought against Google Cache or the Internet Archive, the companies just pull the trigger on their opt-out mechanism, thus averting the lawsuit. Does anyone know of a lawsuit that has gone through successfully against Google Cache or Internet Archive?

      If a lawsuit was brought against Google from many different websites, claiming that opt-out isn't enough (eg. see spam lawsuits and legislation about opt-out), then perhaps that might have more force. But websites aren't banded together in the way thta music studios are.

    50. Re:Indexing or Caching? by emhansen · · Score: 1
      Eric Schmidt sure does write a better op-ed than Pat Schroeder and Bob Barr. The bottom line is the customer gets a better experience and the publishers will make more since people will be better able to find books. Yes, Google is bound to make a butt-load; that's what companies that provide revolutionarily useful services do. Once an idea like thing is out, no one can put it down again - it's just too damn useful. Killing the google print project would be like making libraries go back to card catalogues.

      Even after reading this op-ed I don't understand where the AAP is coming from. Are they afraid Google will start offering entire books as the op-ed suggests? That is ridiculous; Google would get their ass sued and there is no way around that. IMO the AAP is terrified of losing power: the power to control market demand, the power to let older publications fade into oblivian, the power to do things the same way they know and like. Just as the *IAAs desperately tried to maintain the status quo, the APP follows suit. The *IAA lost power and it was going against an unorganized group of theives. The AAP doesn't stand a chance against a $80 billion dollar enterprise that will text message you, for free, the phone number of the nearest pizza place. AAP: get with the times.

    51. Re:Indexing or Caching? by sbaker · · Score: 1

      > The big difference between a "book data" cache and a web content cache is
      > that web data is already freely available on the web.

      The big difference between a "web data" cache and a book content cache is
      that book data is already freely available in public libraries.

      Same difference.

      You are allowed to read library books freely - but you aren't allowed to
      make permenant copies of them. You are allowed to read web sites freely -
      but you aren't allowed to make permenant copies of them.

      There is complete symmetry here - both legally speaking - and in practice.

      There isn't a different copyright law for the Internet.

      --
      www.sjbaker.org
    52. Re:Indexing or Caching? by geoffspear · · Score: 2, Insightful
      Read the US Code. Excerpts for the purpose to commentary and criticism are explicitly exempt under the "fair use" provisions of US copyright law. Reviews are most certainly not illegal.

      As for web indexing, that's debatable. I think you'd probably have the law on your side if you tried suing Google for violating the copyright on your web pages, and the fact that you don't explicitly opt out of their indexing with a robots.txt shouldn't make a bit of difference.

      Note that I'm not a lawyer, and the lawyers you'd have to hire to make this case would almost certainly cost you more than the damages you'd get from Google if you won it.

      --
      Don't blame me; I'm never given mod points.
    53. Re:Indexing or Caching? by sgtrock · · Score: 1

      Check out the Baen Free Library. Read Eric Flint's cover article carefully. THEN tell me what the writers and publishers have to worry about.

    54. Re:Indexing or Caching? by sbaker · · Score: 1

      > That said, with a decent OCR program, it would be pretty trivial to
      > write a script that just dumps a book from the snippets provided by
      > Google.

      As a practical matter, I'm not sure it's even possible.

      If you searched on the title of the book and (say) the last sentance of the last piece of text you got from the Google Index quotation, you *might* get the next couple of sentances - but you might also get a quotation from a review of the book. Your search mechanism would also tend to get stuck in a loop if the book used the exact same sentance in two or more places.

      As a practical method for stealing content, it's really not gonna fly.

      However, one must be concerned with theoretical issues - so I guess your point is taken.

      --
      www.sjbaker.org
    55. Re:Indexing or Caching? by AaronCampbell · · Score: 1

      I don't see any difference between what Google are doing here and what they do to index web sites.

      The roam the web - they take local copies of every web page - they index those pages - then they display a 'snippet' of the page in response to a search query.

      Same deal with the books. Scan them into a private archive, index the archive - display the title and a sentence or two of content to provide context. I see no problem with that.


      The difference is, when people put something on the web, there is a sort of understanding that it is public information (of course, there are exceptions in password protected areas/pages, etc...but for the most part, it's public). The people that wrote these books were not under that same understanding when their book was published. Don't get me wrong, I'm all for Google archiving books. It'll be a huge plus for students, not to mention to me personally. However, I DO see where the writers are coming from. IMO though...they need to get over it, or opt out. Am I mistaken, or can they send in a list of their books that they DON'T want scanned? How hard is it for a writer to submit a list of his/her books if he/she doesn't want them indexed?

    56. Re:Indexing or Caching? by sbaker · · Score: 1

      There is definitely an argument that Google should purchase one copy of every still-in-copyright book they index (for all I know, they may actually be doing that - does anyone know for sure?)

      Whilst that would represent a significant cash outlay for them, it's not going to assuage the fears of all the authors and publishers out there who stand to sell exactly one additional copy of their precious works.

      However, I don't see how Google could be accused of breaking any law by doing that - any more than the Oxford Dictionary of Quotations is breaking the law by printing quotations from the works of famous authors.

      --
      www.sjbaker.org
    57. Re:Indexing or Caching? by ChaosDiscord · · Score: 1
      Indexing actually increases the value of a work because it allows people to find it - and therefore increases the pool of potential purchasers by an enormous factor.

      But in the process indexing may reduce the value of other works. The publishing industry doesn't want to support a long tail of books with niche appeal. They want books that they sell by the truckload. They want the newest books to not have to compete against books that went out of print ten years ago.

      Google's index will benefit humanity as a whole, but may harm publishers. Of course, the publishers can suck it; they're perverting copyright into the opposite of its intended goal (to spread information).

    58. Re:Indexing or Caching? by ChaosDiscord · · Score: 1
      Libraries have always had a tenuous relationship with publishers, because borrowed books are only sold once.

      Indeed. And the correct answer is a giant middle finger to the publishers. I suppose it's a free country, and they're free to whine like babies, but there is zero legal or ethical grounds for publishers to ask for libraries to be closed. Once I (or a library) purchases a copy of a book, I (and the library) am free to loan it to whoever I want. The copyright based industries have gotten too comfortable, to used to getting their way with stupid laws like the DMCA and repeated copyright extensions. They need to be smacked down and reminded that copyright is a two way agreement; not a unilateral grant.

    59. Re:Indexing or Caching? by revery · · Score: 1

      The big difference between a "web data" cache and a book content cache is
      that book data is already freely available in public libraries.


      It's available on a physically purchased, one-at-a-time medium. You can't go to the library and just by asking, get a complete copy of the book to keep forever. You can do that with any web site.

      Same difference.

      Not even close. There is a difference between you distributing information that I give away from my web site and making copies of my book and giving them to people.

      You are allowed to read web sites freely -
      but you aren't allowed to make permenant copies of them.


      You most certainly can keep a permanent copy of any information from a web site. You asked them for the data, and they, the copyright holders, gave it to you. Technically, it is a violation of copyright to redistribute that content (à la Google) but the fact that they are freely distributed upon request by the copyright owner may mitigate against it to some extent.

      There isn't a different copyright law for the Internet.

      On this, at least, we are agreed.

    60. Re:Indexing or Caching? by johnashby · · Score: 1
      You couldn't be more wrong.

      The Google cache is no different from the Google index...the onyl distinction is the volume of information retained. In order to index the entire page is read, and it is then analyzed for key words. With caching, the entire page is always available, so the user has the option of searching the entire page at will.

      Once the publisher of the website has made it available publicly on the open web they are inviting people to refer to that page indefinitely...in much the same way that you can refer to older editions of a printed work. The cache is a very valuable tool for this purpose, and this justifies its existence. It isn't morally dubious at all...it does no harm to the publisher unless they made a mistake they'd rather cover up.

    61. Re:Indexing or Caching? by jonadab · · Score: 1

      > It seems to me that if a content provider of a web page
      > doesn't want their pages cached either by my machine,
      > my proxy or even Google that they should employ a
      > robots.txt file AND password protect the site

      Password protection is not necessary or appropriate for this purpose. robots.txt is, and there are other measures (e.g., sending the Pragma: no-cache header will prevent well-behaved caches from storing a secondary copy).

      Password protection should be reserved for preventing unauthenticated persons (i.e., members of the general public) from viewing the content.

      However, the Google cache does differ from a web-browser cache in that it is a third-party cache. Where the web browser's cache is presumably a copy for personal use, the Google cache is expressly for the purpose of redistribution. As much as I *like* the Google cache, it's on rather shakier legal ground than the web browser's cacheing mechanism. The ISP's cache falls somewhere in-between and more arguable.

      Why you would want to prevent caches from storing copies of your web pages is another matter entirely. It seems to me that in the absense of indications to the contrary (e.g., robots.txt or Pragma: no-cache), there is an implicit expectation that when something is published on the web, you intend for services like Google to index it, in much the same way that posting something to usenet constitutes an implicit agreement for nntp servers to store and forward it, or sending email constitutes an agreement for the receiving mail server to store it on behalf of the recipient or issuing a press release constitutes an agreement that the press may republish it. This isn't to say that you give up your copyright, but only that it is generally assumed you are going to permit *certain* things to be done. You'd be understandably quite upset if Google presented users with modified versions of your commercial site with some of the prices changed, for instance, or with extraneous comments from the peanut gallery inserted, or if Internet Explorer spontaneously inserted extra advertisements into your website with click-kickbacks to Microsoft's business partners. (Opera's model of putting the adverts in the toolbar is something IE could presumably also get away with, if Microsoft so chose (although from a market-share perspective this would perhaps not be a really swift choice for them to make), but inserting them into the page would raise serious copyright issues.) Those are things that it is *not* reasonable, given the design of the web, to assume the author intends to permit. But indexing, linking, and so forth, and even a certain amount of cacheing (especially on the user's own system) may generally be assumed de-facto, in the absense of any evidence to the contrary, to be permitted uses of any content that is published on the web.

      --
      Cut that out, or I will ship you to Norilsk in a box.
    62. Re:Indexing or Caching? by bigpat · · Score: 1

      In both cases, I had to work at breaking the copyright mechanism.

      I agree with the overall point you are making, that since google is putting up barriers to having access to the whole book at a time it seems that it is not a copyright violation, but copyright is not a "mechanism" but a legal protection. So, when talking about mechanisms and technology you are talking about copy prevention which really has very little to do with a person's legal protection of copyright and has only been recently mixed up because of the ease of digital copying and promulgation of copy prevention technologies.

      As a seperate point, I would argue that the law should be changed so that copy protected works should lose copyright altogether, by the same pricipal that a device which the inventor chooses not to patent but rather keeps as a trade secret may be reverse engineered legally.

    63. Re:Indexing or Caching? by Oligonicella · · Score: 1

      You need to do some research and find out about who really holds copyrights, chum. You're raving.

    64. Re:Indexing or Caching? by Pieroxy · · Score: 1

      You are quite dumb, or so it seems. If a script like that leaks on the internet, anyone can download any book from the Google catalog. I think that is pretty different from buying a scanner, an OCR and spending 3 weeks digitizing a book, don't you think?

    65. Re:Indexing or Caching? by Pieroxy · · Score: 1

      I think you just don't get it.
      1. Books that are free are out of the equation here. Nobody is blaming Google about free books. The matter at hand is books that are still under copyright.
      2. Web Pages that are not "free" (as in accessible to anyone) are not indexed by Google.

      So both your counterpoints are just... off-topic here. Just to get you on the right track, we are talking about Google getting sued for digitizing and indexing copyrighted books, and someone compared it to google indexing the available web sites out there.

      That's where I made my point which still seems pretty valid to me.

    66. Re:Indexing or Caching? by shanen · · Score: 1

      You are talking about something called "first sale" that gives you certain legal rights, such as selling or loaning the book. That is also defined legally, and the notion is under attack by the publishers. So far Congress has resisted some of the efforts, but the publishers are still in the market to buy the required politicians.

      --
      Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
    67. Re:Indexing or Caching? by DariaM84 · · Score: 1

      Why this comment is only rated a 1 I do not get. I agree with it whole-heartedly, though.

    68. Re:Indexing or Caching? by tbannist · · Score: 1
      I'm afraid not, my friend. But I'll elaborate the point for those who can't think for themselves: If your situational example of how someone could commit copyright infringement requires that infringer already have a copy of the book, to build the keyword database to replicate it, or requires the recipient to have the ability to scan books means Google is entirely unnecessary to the plan and adding Google would only complicate matters. And as I understand it, you should be able to scan the average book in hours not weeks. Unless, of course, you're a total incompetent.

      Additionally, maybe I misunderstand the nature of the snippets google will provide but my understanding is that they will provide text, not images of pages. The "snippets" will be approximately this long:


      Blah, Blah, Blah and Blog. [Print story] [E-mail story] [Rants + Raves]. Page 1 of 1. By Farhad Manjoo | Also by this reporter. 02:00 AM Feb. 18, 2002 PT


      So you would need a painstakingly generated list of all the keywords in the book that will uniquely return every two line snippet, in order, to recreate the book. I'm sure someone could make a list of all the words in the book you need to get the most of the text, however, it would be a lot more work to make that list then scanning the book in the first place. You'll also have problems, because words are frequently repeated in a book. I wouldn't be surprised if in many cases the only way to get the appropriate text back is to use the entire text of the snippet.

      The only reason someone would do make that list is in a misguided attempt to say, no, I'm not copying the book, I'm just providing a list of words that happens to be in the book. It would be a transparent attemnpt and one that wouldn't hold up in court.

      Even at that point, the recipients of the list wouldn't be able to reassemble the book without a script to reassemble that book from the keyword list.

      In summary, it should be much easier to simply scan the book and turn it into a pdf than to build the keyword list you'd need to deliberately use
      Google to commit copyright infringement. A list, I might add, who's only purpose would be complicating the process of infringement.
      --
      Fanatically anti-fanatical
  2. Is it me... by Anonymous Coward · · Score: 0

    ...or are they demonizing Google slowly into what Microsoft is today?

    1. Re:Is it me... by WindBourne · · Score: 1

      There are legitamate concerns about Google getting big. Even if they do no evil, all it takes is a shift in management (retirement) and the new ones are another Gates/Ellison/McNeally.

      But if you look closely at where much of the writing is coming from, you will see that much of it starts from companies that are very MS friendly. IOW, this is a FUD attack on Google no different than what MS does to the linux world.

      Google really does need to make sure to defend themselves against these.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    2. Re:Is it me... by AndreyF · · Score: 1

      IOW, this is a FUD attack on Google no different than what MS does to the linux world.

      Absolutely. Just look at the language they use: "Internet behemoth", "$90B Company...", "Google is huge", etc.

      That, combined with all of the errors in the article (Google isn't offering ads on the service, and the opt-out process is automated), would rate this prime-grade FUD in my book.

  3. Wait by Mark_MF-WN · · Score: 4, Funny

    Wait a minute. Are these guys saying that Google is some sort... BUSINESS?! Good god!

    1. Re:Wait by tomstdenis · · Score: 1

      Yeah, for shame!!! They provide a search engine that has served millions for a decade [or so] and when they make money it must because they're evil!

      That said, [to the article author] get a grip. You don't have to use google to "use the web". Other search engines still exist.

      Tom

      --
      Someday, I'll have a real sig.
    2. Re:Wait by EpsCylonB · · Score: 1

      They provide a search engine that has served millions for a decade [or so]

      Or even just five years, yes I am picky.

    3. Re:Wait by scruffylooking · · Score: 1

      LOL!!! Yeah, I can't believe Google is so evil as to want to run a business! Go GOOGLE!

    4. Re:Wait by boy_afraid · · Score: 0

      LOL!!! Yeah, I can't believe Google is so evil as to want to run a business! Go GOOGLE!

      Replace "Google" with "Microsoft" (s/google/microsoft):

        LOL!!! Yeah, I can't believe Microsoft is so evil as to want to run a business! Go MICROSOFT!

  4. Washington Times? That Moonie piece of crap? by Anonymous Coward · · Score: 0, Troll

    Who gives a fuck what they say?

  5. huh? by osssmkatz · · Score: 1

    This is bullshit. Google may want everything to be digital -- but not neccessarily free. And even if we were to accept that thesis, we might be wrong. This is exactly why copyright laws and lawsuits (re: Napster) discourage innovation: because we don't know what Google is planning until we allow them to launch it. Actually, we have, and I see nothing wrong with it.

    The key question will be: Is it for 'commercial use'? Or is it sufficiently 'transformative' (creative) to overcome that objection?

    1. Re:huh? by Anonymous Coward · · Score: 0

      It's up to the individial that created the work to decide how, when and where it's distributed and used. Period.

    2. Re:huh? by Anonymous Coward · · Score: 0

      I doubt being "transformative" will really matter -- that would just mean it's a derivitive work, which is still covered by copyright.

      Whether the use is commercial might matter, but I doubt it... not in an obvious way, anyhow. (A lot of us are so used to talking about patents, which primarily restrict commercial uses, that we may forget that copyright restricts *any* use, including personal.) Where it might matter is, IIRC (it's been a while) it may be harder to defend the idea that a use is "fair use" if you're making money from it... Then again, maybe not: book reviewers get paid to review books, and quoting a passage in a review is a classic "fair use".

      I don't like the dismissive tone the article takes toward the idea of fair use -- it's a valid and important part of copyright law. It also happens to be vague and overburdened by half-baked precidents. Because it's vague, it's possible that a company out to make a buck would abuse the concept, to the detriment of both copyright holders and real "fair use" users.

      I think some better questions are "How much of the book will a user see?" and "Will it be practical for a user to get all of the desired content from the book by querying the google service, thereby avoiding the need to buy the book?"

      Now, if this were done right (i.e. you submit a query, google finds results, one of them appears to come from a book that has Just What You're Looking For[tm], and Google offers you a way to buy the book on the spot (ideally in electronic format) and passes along the proper royalties), that could be a win for all parties.

    3. Re:huh? by mfrank · · Score: 1

      So, if the creator/owner didn't want it in a library, libraries aren't allowed to have the book? Or if they don't want you to sell it to a used bookstore, you can't? Or quote from it in a term paper?

  6. Comment removed by account_deleted · · Score: 4, Funny

    Comment removed based on user account deletion

  7. To the rag that is the Wash. Times: Let them scan! by MarkEst1973 · · Score: 4, Interesting

    1. The Washington Times != The Washington Post. One is a bastion of DC journalism. The other is only slightly better than a tabloid.

    2. Let Google scan. Let me search. Only by having Google's (or someone's) index available will I be able to easily find a book I never knew existed. The Dewey Decimal System's got nothing on full text indexing.

  8. Libraries and Print media here to stay.. by jkind · · Score: 1

    While I can enjoy the NY times quite comfortably from my Tablet PC, I think I'm in the minority. A lot of people still will want their paper with their coffee and bagel, and just can't stand reading *anything* on the computer. My friend will print off even a 1 page article, instead of just reading it on the desktop. I think libraries should be a bit more concerned. I think they're going to drop off face of the earth this century!

    --
    ~jennifer.k~
    1. Re:Libraries and Print media here to stay.. by EpsCylonB · · Score: 1

      My dad gets his secretary to print off his emails everyday.

  9. Gentlemen, Start Your Hypocrisy Detectors.... by Steve+B · · Score: 4, Interesting
    And so we find ourselves joining together to fight a $90 billion company bent on unilaterally changing copyright law to their benefit

    Who wants to start posting Barr and Schroeder's voting records?

    Or does their objection to doing it "unilaterally" merely mean "our old colleages aren't getting their cut"?

    --
    /. If the government wants us to respect the law, it should set a better example.
    1. Re:Gentlemen, Start Your Hypocrisy Detectors.... by mbourgon · · Score: 1

      Here's a better one:

      "One library buys one of their journals. They give it to other libraries. They'll give it to others."

      --
      "Sometimes a woman is a kind of religion, she can save your soul & set you free from all your sins" - Bad Examples
    2. Re:Gentlemen, Start Your Hypocrisy Detectors.... by phantomfive · · Score: 1

      From the article:

      Pat Schroeder is president of the Association of American Publishers and a former member of Congress from Colorado. Bob Barr, a former member of the House Judiciary Committee, is an author, newspaper columnist and analyst for CNN.

      --
      Qxe4
  10. Fundamentally Disruptive? by PornMaster · · Score: 1

    While I'm not sure how I feel about whether or not it's fair use (I think that Google's activity may enable fair use, but not be fair use in itself), it certainly has the potential to be a disruptive technology in terms of research.

    People tend to be afraid of disruption. It's natural. Google's got the pockets to deal with the repercussions, so I'm happy to let it play itself out, even if they get spanked with a billion dollar judgement against them.

  11. Change the law by imdylbert · · Score: 2

    I think copyright law needs to be changed anyway. Things are getting ridiculous. Perhaps not eliminate copyright altogether but put a single term limit on copyright of any work, 15 or 20 years and once that term is up, the work becomes public domain. I am 100% for google's scanning project. Go Google!

    1. Re:Change the law by Znork · · Score: 1

      "Perhaps not eliminate copyright altogether"

      You dont need to eliminate copyright altogether to eliminate the negative properties of it altogether.

      The concept of copyright should be built upon the foundation of compensating the authors, not upon restricting everyone elses rights to do what they wish with their own property or creating artificial scarcity through monopoly.

      Want the government to encourage writing or other arts? Then it can damn well put its money where its mouth is and actually pay for it straight out, rather than fool around with indirect taxation through legalized monopoly rents. We're paying either way, so we might as well put the level of encouragement desired on paper.

  12. Intellectual Property FUD by It+doesn't+come+easy · · Score: 5, Insightful

    Either what Google is doing is allowed by copyright law, or it's not. The courts will decide, the losers will appeal, and eventually we will have a final ruling. Personally, I think a searchable index might just boost sales of lesser known books (considering that the mainstream bookstores only carry the most "popular" books and if you're not carried by the Barnes & Nobles, et al, you don't have much chance to become known to most of the population).

    --
    The NSA: The only part of the US government that actually listens.
    1. Re:Intellectual Property FUD by EpsCylonB · · Score: 3, Insightful

      Either what Google is doing is allowed by copyright law, or it's not. The courts will decide, the losers will appeal, and eventually we will have a final ruling.

      But what if the law is wrong ?. Copyright was originally supposed to be a contract between an artist and soceity, the deal is that your work will be protected for a period of time in order to encourage you to make further cultural contributions. How many of these books that google is scanning are over 30 years old ?, has the author not had enough time to profit from his work ?.

      Copyright in the US (and also in the UK shamefully) is now effectively infinite. Copyright is a anti capitalist monopoly that rewards people for the work of others and puts a price on our culture. Imagine if shaespeare's plays were under copyright today.

      One of the great ironies of this copyright law is that Disney, one of the main proponents of extensions, would have been unable to rip off the all those fairy tales had todays copyright laws existed a 100 years ago.

    2. Re:Intellectual Property FUD by Pofy · · Score: 1

      >Either what Google is doing is allowed by copyright law, or it's not.

      You mean copying (by scanning in this case appearantly) every book (or at least a ton of them) is allowed by copyright law? And by a comercial company to start with? By that, I would assume the same copyright law would definately also allow private persons to make copy of all and any book they want. As far as I know, books aren't special, so I assume it would apply to music, film and other media types too.

      Somehow I can't see were the doubt would be if copyright law allows this or not....

    3. Re:Intellectual Property FUD by multimed · · Score: 1
      Copyright was originally supposed to be a contract between an artist and soceity, the deal is that your work will be protected for a period of time in order to encourage you to make further cultural contributions.

      Two points that have been completely obliterated--what once was a balanced contract has absolutely no balance at all any more with the copyright holder getting everything. And the most clearly blatant abuse that there is no excuse for is extending copyright on already created works. It was simple language, "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;" So even a 10-year old could read that and understand that the reason for the exclusive Rights was to promote the creation. Once a work is created, extending it's copyright length does absolutely nothing to fulfill that purpose and is only robbing the public domain.

      --
      Vote Quimby.
    4. Re:Intellectual Property FUD by Anonymous Coward · · Score: 0

      How is it different from me ripping a cd that I own and putting it on my ipod? How is it different from calling a reference librarian and asking them to read you a bit of the text to determine whether to have the book loaned to your library? As long as the size of the excerpt is small and they don't charge for the service, I don't see what the problem is.

    5. Re:Intellectual Property FUD by Pofy · · Score: 1

      >How is it different from me ripping a cd that I own and putting it on my ipod?

      That might be fair use, for one, you are not doing it for comercial use but for your private use. Google as a company is hardly doing it for "private use", now are they?

      > How is it different from calling a reference librarian and asking them to read you a bit of the text
      >to determine whether to have the book loaned to your library?

      No copy is being made in that case, now is it?

      >As long as the size of the excerpt is small and they don't charge for the service, I don't see what the
      >problem is.

      The problem is them copying the entire book in the first place!!!

    6. Re:Intellectual Property FUD by It+doesn't+come+easy · · Score: 1

      By definition, the law is never wrong because in a country ruled by law (and not by men) it is how a society formally judges right from wrong. However, it could be bad law (doesn't agree with other similar laws), it could be unfair, or it could be contrary to the moral character of the society which it is suppose to govern. In this case, the current US copyright law probably falls within the second area (assuming, of course, a person feels the way you do).

      I also feel that the current copyright law is out of balance with society's greater good. Regardless, the current issue has to be decided within the current law. Whether the current law needs to be changed is a separate issue (although there's a very slim possibility that this case would conclude current copyright law is unconstitutional or needs updating for the digital age).

      --
      The NSA: The only part of the US government that actually listens.
    7. Re:Intellectual Property FUD by It+doesn't+come+easy · · Score: 1

      OK, time for a class in logic:

      The statement "Either what Google is doing is allowed by copyright law, or it's not." means that only one of the following is true:

      1. Google is allowed to do this by copyright law.
      2. Google is not allowed to do this by copyright law.

      The statement does not choose the answer, it only states an either/or possibility. You, however, have leaped to the conclusion that I am choosing possibility #1. In fact, I have no idea how the case will be decided. But I do believe it would be a boon to lesser known authors if Google is allowed to proceed.

      --
      The NSA: The only part of the US government that actually listens.
    8. Re:Intellectual Property FUD by raoul666 · · Score: 1

      One of the great ironies of this copyright law is that Disney, one of the main proponents of extensions, would have been unable to rip off the all those fairy tales had todays copyright laws existed a 100 years ago.

      Not to side with Disney, but I doubt anyone would hold the copyright for fairy tales 3 and 4 hundred years old.

      --
      When cryptography is outlawed, bayl bhgynjf jvyy unir cevinpl
    9. Re:Intellectual Property FUD by EpsCylonB · · Score: 2, Informative

      Not to side with Disney, but I doubt anyone would hold the copyright for fairy tales 3 and 4 hundred years old.

      Thats kinda my point.

    10. Re:Intellectual Property FUD by rick1027 · · Score: 1

      >>>might just boost sales of lesser known books

      Printing a more diverse set of books likely increases the per unit cost of the sale which may or may not be offset by increased overall sales. Either way, change is usually not something big companies embrace. The WWW (blogs) and cable TV (70 channels) have already made media and information hard to control by governments and corporations. This is just one more step that puts information (power) in the hands of the public. It also pushes the mass thought-consciousness farther from the concept that IP is an issue of creator rights and more towards the idea that creative works are part of the cultural heritage. A dangerous outcome (although in my opinion a correct one both legally and morally) in the minds of many who profit from IP. Could these be the real problems with Google's indexing.

    11. Re:Intellectual Property FUD by dswan69 · · Score: 1

      These guys obviously think that creative people only create for financial reward, which means they know nothing about creative people. They can't grasp that creative people just have the need to create, and that not everything is about money.

    12. Re:Intellectual Property FUD by colbyucb · · Score: 1

      I like your rejected submissions.

  13. Seems like fair use to me. by PIPBoy3000 · · Score: 1

    Our laws say if you wish to copy someone's work, you must get their permission.

    It seems obvious that he sees "fair use" as something to be dismissed (as he does in the next paragraph).

    I'm unclear as to why he doesn't have problem with book reviews (which often display portions of a book) or student's book reports. The courts have decided that copyright material can be presented without permission for a number of uses. While this seems completely reasonable to me, I suspect the courts get to decide this one.

    EFF has an interesting analysis on this as well.

    1. Re:Seems like fair use to me. by PornMaster · · Score: 2, Insightful

      From the EFF analysis:
      Amount and Substantiality of the Portion Used: Favors Google. Google appears to be copying only as much as necessary (if you are enabling full-text searching, you need the full text), and only tiny snippets are made publicly accessible. Once again, Google looks a lot more like Arriba Soft than MP3.com.

      They may only be providing snippets, but they're copying the whole damn thing.

    2. Re:Seems like fair use to me. by Pofy · · Score: 1

      >I'm unclear as to why he doesn't have problem with book reviews (which
      >often display portions of a book) or student's book reports.

      Because they don't have to make copies of the books in order to create reports or reviews? Google is making copies of the books (by scanning them), which is typically a copyright infringement while reviewers and such does not do that.

    3. Re:Seems like fair use to me. by Lewisham · · Score: 1

      IANAL, but I am sure their copying is legit. Libraries have certain exemptions in copyright law. Do you think that Stanford, Oxford et al are really all going to be wrong on what they can and cannot allow their visitors to do with their books? I'm not a librarian, but I trust Ivy League schools way more than I trust op-ed columns in newspapers for getting the law right.

      Google can display those results under fair use. It is allowed to extract text that is not "substantional" (legalese for important, not amount taken). It is highly doubtful, under any reasonable interpretation of the law, that Google's snippets (assuming they look a lot like they do now) could ever be considered "substantial", regardless of which piece of text it displays to the user. However, Google is not a library, and needs (and probably will) take into account how many of these snippets are available. Obviously, allowing a user, however difficult, to piece together a book will be a copyright violation.

      The op-ed piece made no legal points, but was a lot of huffing and puffing. They won't blow Google's house down with just hot air.

    4. Re:Seems like fair use to me. by PornMaster · · Score: 1

      Libraries don't have the right to buy one copy of a book and reproduce it.

      Have you ever seen a photocopy of a book next to the real thing sitting on the bookshelf of a library?

      Google's reproducing the book as a whole, in order to be able to allow access to snippets. And unlike the library, they didn't even buy the first copy!

    5. Re:Seems like fair use to me. by temcat · · Score: 2

      "They may only be providing snippets, but they're copying the whole damn thing."

      So what? As far as the damage to the copyright holder goes, the amount of content copied matters only if you actually distribute it (that is, from the common sense point of view - laws may be as bizarre as you want). If I made 100 copies of a book but I don't distribute them, the damage is zero. Distribution in small, insubstantial fragments counts as fair use.

      They wouldn't scan books if they could make a full text search on printed books, which they of course can't. So the actual question here is the one of format shifting: should you have the right to burn your CD on mp3 if you don't give your CD to anyone? (Well, maybe quote a line from a song - which is equivalent to what Google does trhough its service.) If the law says you shouldn't, then the law is unreasonable and must be changed. Even if Google does violate the law here, I'm not sympathetic to the copyright holders in this case.

    6. Re:Seems like fair use to me. by PornMaster · · Score: 1

      Your argument falls apart with the books not even being Google's in the first place. By copying the books they didn't even pay for, the damage is nonzero.

    7. Re:Seems like fair use to me. by temcat · · Score: 1

      "By copying the books they didn't even pay for, the damage is nonzero."

      Fair enough, if it is indeed the case, but is it? Do you by chance have any reference concerning that?

    8. Re:Seems like fair use to me. by temcat · · Score: 1

      And even if the books are not theirs (in which case they are acting unfair), the damage in this case is limited to exactly one copy of each book anyway. The servoice itself is irrelevant, since the excerpts are too small.

    9. Re:Seems like fair use to me. by temcat · · Score: 1

      Yep, I found it: the books are from libraries. Thanks for pointing it out.

  14. Nothing inconsistent here by kawika · · Score: 1

    typically on opposing sides of the [sic] isle

    Rest assured they are both on the same side of the "isle", the one with a tropical island nest paid for by Thurston Howell III, er, the book publishers.

    Bob Barr no doubt made plenty of friends in publishing when he recently wrote a book. Book royalties are a convenient way of laundering money bound for politicians (Newt Gingrich, Hillary Clinton, etc.) since they are ostensibly for something the person did rather than being outright contributions.

    This controversy seems no different than the one about SBC's pipes, it's basically people griping that they want more money off someone else's hard work. Let's hope that the courts believe that indexing a book and putting that index online with small excerpts is fair use.

  15. Small price by DrugCheese · · Score: 1

    I think downloading a new graphic during the holidays is a small price to pay to be able to search through all of mans literature with a single click. And if Google does charge a price (you mean they want to make money?) and we think it's unfair, competition will arrive to balance it out. It's not like once google absorbs all the info that our libraries worldwide will explode and google will have a complete monopoly on information.

    If publishers and authors have to spend all their time policing Google for works they have already written, it is hard to create more.

    Do publishers and authors currently spend time policing libraries, making sure no one is making 10 cent copies of their work?

    --
    *DrugCheese rants*
    1. Re:Small price by Baricom · · Score: 1

      Do publishers and authors currently spend time policing libraries, making sure no one is making 10 cent copies of their work?

      They would if one was photocopying the entire library.

    2. Re:Small price by DrugCheese · · Score: 1

      Google is the library in this scenario.

      Someone could photocopy every book in the library just like someone could 'download the internet' from google.

      Somehow the publishers are afraid that people will download whole books on google instead of going to the library to read them? I think this is an invaluable tool, to be able to search for a phrase, and come across any mention of that phrase in the history of writing! This would only drive people to the library or bookstores. Nowing google they'll tie in froogle to link to where you could buy the books and if these publishers smartened up they could be the top froogle choices for offering their works online.

      --
      *DrugCheese rants*
  16. Anti-Competitive Behavior by mpapet · · Score: 4, Informative

    I love it when they intentionally steer away from the whole idea of indexing books. Why am I not surprised?

    For those who may not be aware, their objective is not to have the entire book available on the internet because it won't be or shouldn't be. They'll have enough of the book (whatever that is) to help you find the name/author/etc of the book then tell you where to find the book. (Amazon, library)

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
  17. Save The Walking by Anonymous Coward · · Score: 0

    So instead of walking to the library to see the book I can walk to my computer. Oh yes, Google is eeeeevil. Burn them!

    1. Re:Save The Walking by Intron · · Score: 1

      Don't be rediculous. Nobody walks to the library. Everyone drives their SUV or minivan. The oil companies are behind this whole thing, mark my words.

      --
      Intron: the portion of DNA which expresses nothing useful.
  18. Libraries are terrible, terrible institutions. by Jerk+City+Troll · · Score: 5, Insightful

    I hear there are places where there are shelves after shelves of books, conveniently organized for quick reference, all at the disposal of the public, free of charge. What's more, these places, sometimes called "libraries", will even let you photocopy any of the material you find there for only the cost of the copy machine! Just imagine how much creativity is being stifled by these rackets! If we hope to save our society from the menace of intellectual property theft, we should be shutting them down, and not allowing Google start doing the same!

    1. Re:Libraries are terrible, terrible institutions. by Flaming+Babies · · Score: 1

      *applaud*

      Couldn't agree more.
      Maybe Google could set up a fund for aspiring writers.
      Part of the profits gained from any additional advertising could filter into it.
      I wonder if that would satisfy any of those complaining about the artistic stifling,
      or if they are really all about greed.

      --
      The right to be heard does not automatically include the right to be taken seriously.
    2. Re:Libraries are terrible, terrible institutions. by interiot · · Score: 2, Insightful

      Checking books out from a library does not involve copyright law, as you're not making a copy of anything.

      There are four factors to US Fair Use law. The differences between Google's copying and library photocopying are:

      1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

        Google's use is commercial (see the judge's argument in the my.mp3.com case). Most use at a library is usually educational, but it may not be.

      2. the nature of the copyrighted work

        No difference

      3. Amount and substantiality

        Google is copying 100% of the books. It's fairly well established that it's not legal to copy an entire book in your library's copier, that it's only legal to copy some subset of the pages.

      4. Effect upon work's value

        No difference

    3. Re:Libraries are terrible, terrible institutions. by PhairOh · · Score: 1

      While for the most part I couldn't agree with you more, you must remember that Google will be selling ad space on those searches whereas the libraries, as you say, only charge for the cost of the copying, and therein lies the difference. As ridiculous as the article may have been and as much as I abhor it and it's principles, it is wrong to make a profit off of other people's work without their knowledge or at least without passing some of the profit along to the owner of the work.

      I love what Google is doing and I truly hope they are successful, whether that means that they have to change copyright laws or not, although changing said laws gets us into some extremely dangerous territory. What does someone get to call their own if anyone anywhere can simply copy it and put it on the internet? And what if it's not anyone anywhere and it's only the $90 billion corporations that are allowed to do it because they're the only ones that can afford the lawyers and the lobbyists?

      These are dangerous times for our society with questions such as these and it's important to have people on both sides taking these battles to the courts. We can only hope that the courts will be able to look past the conservative revival in this country and do what is just and right under the law and what is just and right for the rest of this century.

    4. Re:Libraries are terrible, terrible institutions. by F_Scentura · · Score: 1

      "# Amount and substantiality

      Google is copying 100% of the books. It's fairly well established that it's not legal to copy an entire book in your library's copier, that it's only legal to copy some subset of the pages."

      They are not copying 100% of the books.

      "For library books still under copyright, you'll only be able to see a few sentences. Books that are from publishers will allow you to view a limited number of pages. In general, Google Print is designed to help you discover books, not read them from start to finish. It's like going to a bookstore and browsing - only with a Google twist."

      Even if separate people worked to piece the book together, it would still be incomplete. Google specifically does not make all pages available online for that purpose.

    5. Re:Libraries are terrible, terrible institutions. by Anonymous Coward · · Score: 0

      We should at least force public libraries to stop wasting taxpayer dollars buying new books until people finish reading the books that are already there.

    6. Re:Libraries are terrible, terrible institutions. by interiot · · Score: 1

      Internally, Google is absolutely making 100% copies of books. Externally, no, but that's not a significant distinction. Google is legally prohibited from buying one O'Reilly book, slapping it on its copiers, and distributing full copies to all of its employees for technical work. Similarly, Google isn't allowed to internally make full copies of books onto its servers.

    7. Re:Libraries are terrible, terrible institutions. by gkuz · · Score: 1
      I hear there are places where there are shelves after shelves of books, conveniently organized for quick reference, all at the disposal of the public, free of charge.

      While I support public libraries, they are not "free of charge." Sure, you can borrow a book without taking cash out of your pocket at the checkout desk, but the employees are paid somehow, and new books are purchased somehow. In most communities in the US, at least, those efforts are funded by local taxes. So you do pay for the libraries, whether you use them or not.

    8. Re:Libraries are terrible, terrible institutions. by Anonymous Coward · · Score: 0

      "Google will be selling ad space on those searches whereas the libraries, as you say, only charge for the cost of the copying"
      Is it somewhere told that you can't make a dime on an library-like activity? And then, there are some libraries that charge you much more that the cost of the copying, I can assure you... But maybe the judges will indeed decide that google can't put ads on "google print" section or that it will transfer a part of its income to writers' associations. Seems quite probable to me.

      "anyone anywhere can simply copy it and put it on the internet"
      Therefore opt-out clause. If it really makes you sick that there are people interested in your book and wanting to spend some time on the excerpts of what you have written (without the cash immediately flowing in your pocket), than you can drop google an e-mail and tell them to remove your work.

      And the last idea: can we compare "google print" to broadcasting? The radios and TVs are using copyrighted material to make money, aren't they?

    9. Re:Libraries are terrible, terrible institutions. by Rakshasa+Taisab · · Score: 1

      I don't know about you, but I'd rather buy the book rather than pay for a copy machine just to get a few pages.

      --
      - These characters were randomly selected.
    10. Re:Libraries are terrible, terrible institutions. by Geckoman · · Score: 1
      it is wrong to make a profit off of other people's work without their knowledge or at least without passing some of the profit along to the owner of the work.

      Absolutely! And if that's what Google were doing, it would be completely wrong, and it would be necessarily to change the law. And you're correct in that we certainly do not want companies or individuals to unilaterally alter the law to suit their needs. However, Google is not reselling their works, or making movies based on it, or plagiarizing it, or posting it for free on the internet. They are, in essence, providing information about it, so I see no need to change the law in this case.

      Out in the physical world, there are people and services which, for a fee, research topics for researchers/authors, essentially by finding the relevent material, reading it, and reporting on it. They do not, to my knowledge, compensate the creators of the resources they find, except insofar as they may purchase those items on behalf of their clients in order to save them the trouble of doing so themselves, or they may purchase copies of the originals to use in their research, much as the libraries have already done. There is also the good ol' Periodic Guide carried by most libraries, which provides topical information about articles in magazines, newspapers, and other periodicals. It doesn't reprint the articles, it just tells you where articles about those topics can be found.

      Google is doing exactly the same thing, except with books. You'll search books for "ozark cave fish," and it'll give you a list of books that mention them. Based on the brief excerpts, similar to what you see now on their web search, you can weed out the books that mention them in passed from the books that are actually informative. There will probably even be links from either Google or advertisers to buy those books.

      If I've written the best book ever about the Ozark Cavefish, but nobody outside the serious cavefish research community has ever heard of it, I desperately want Google's service! If I want more than the world's eight leading cavefish researchers to discover (and probably buy, or at least encourage a library to buy) my book, such a service is essential.

      Websites now live and die based on search engine rankings and availability, but they don't particularly mind because those things give them access to a wider audience than they would've ever had otherwise. Take a survey of webmasters and ask how many of them would like to be removed from Google's index because it may infringe their copyright. I suspect the vast majority of authors would feel the same way.

    11. Re:Libraries are terrible, terrible institutions. by Peeptophe · · Score: 1

      "will even let you photocopy any of the material you find there for only the cost of the copy machine!"

      I think you could buy the book for less than it costs to buy a copy machine.

      --
      * Si hoc legere scis numium eruditionis habes *
    12. Re:Libraries are terrible, terrible institutions. by ScentCone · · Score: 1

      So you do pay for the libraries, whether you use them or not.

      You must be new here. It's not polite to remind slashdot users that everything their city, state, and federal governments fund for their use is actually paid for with tax dollars that are coming out of someone's pocket (possibly, your grandhildren's pockets). Now please keep your irritating logic and causality and high-falutin' eco-nomics to yourself, OK? Otherwise, people will start wanting to have a say in how their money is spent, and start resenting when it's given to someone who doesn't pay in as much as they do, and that sort of thing. Shhh!

      --
      Don't disappoint your bird dog. Go to the range.
    13. Re:Libraries are terrible, terrible institutions. by tgibbs · · Score: 3, Informative

      Google is copying 100% of the books. It's fairly well established that it's not legal to copy an entire book in your library's copier, that it's only legal to copy some subset of the pages.

      Actually, the law does allow libraries to make a copy of an entire work. Since Google is essentially acting as an agent of the participating libraries, it seems like this exception is applicable.

    14. Re:Libraries are terrible, terrible institutions. by gkuz · · Score: 1
      You must be new here.

      >>gkuz (706134)

      >>ScentCone (795499)

      This joke only works if your UID is lower.

    15. Re:Libraries are terrible, terrible institutions. by MourningBlade · · Score: 1

      I think, at this point, that we really need to ask "what is a copy?"

      Is the book on your hard drive and the book loaded into RAM two copies?

      I think that the best way to describe what Google is doing is that they are having the computer read the book. The "copy" is an artifact of the way computers work - much as the way a student reading aloud a section of a book to themselves is not the same as a spoken performance of the work but bears a mechanical resemblance.

      I'd say that in order for something to be a copy, it has to be in a state where it is then available to be given to someone else - as the indexing process does not give out the book afterward, it is not a copy.

      I believe that the Congressmen confuse the issue of indexing a book with creating a private database to sell to others - which quite clearly does fall within copyright law.

      It is important not to confuse the issue just because a machine is involved. If you were to hire a person to read all the books in the public library and then answer questions about which books are related to what and recall a book from a quote would that be considered copying?

      The point is, as long as Google maintains a closed box - that is a system that behaves in a "reading" manner and not a "copying" manner - they should be fine.

    16. Re:Libraries are terrible, terrible institutions. by ScentCone · · Score: 1

      This joke only works if your UID is lower.

      You must be new here. Lame jokes that make no contextual sense are part of the game (um, apparently).

      --
      Don't disappoint your bird dog. Go to the range.
    17. Re:Libraries are terrible, terrible institutions. by Snaller · · Score: 1

      Not free of charge - the greedy bastards who wrote the stuff wants payment over and over.

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    18. Re:Libraries are terrible, terrible institutions. by interiot · · Score: 1

      Interesting, though it specifically says only 1 copy is allowed, and that only the library's employees are allowed to do the copying. Also, that section says "the reproduction or distribution is made without any purpose of direct or indirect commercial advantage", and the my.mp3.com ruling clearly stated that even though it was only based on ad revenue, my.mp3.com was still classified as commercial activity.

    19. Re:Libraries are terrible, terrible institutions. by tgibbs · · Score: 1

      Interesting, though it specifically says only 1 copy is allowed, and that only the library's employees are allowed to do the copying. Also, that section says "the reproduction or distribution is made without any purpose of direct or indirect commercial advantage", and the my.mp3.com [wikipedia.org] ruling clearly stated that even though it was only based on ad revenue, my.mp3.com was still classified as commercial activity.

      It would be easy enough to arrange for the library's employees to run the books through the scanner, if that were the critical issue. I wouldn't be surprised if the libraries involved are insisting on this anyway, just to make sure that the books are properly handled. And since Google is not placing any ads on the Library Project pages, the case for commercial advantage is pretty weak, too--particularly since this could reasonably be seen as an activity of the library, with Google acting as their agents.

    20. Re:Libraries are terrible, terrible institutions. by Jerk+City+Troll · · Score: 1

      I think, at this point, that we really need to ask “what is a copy?”

      Exactly. So, what about memory? The human brain encodes and stores all information retrieved by the senses. If I read a book and successfully memorize it, I have succeeded in making a complete copy of the book. Whether the copyrighted material is stored as magnetic pulses on a hard disk platter or as neurons in gray matter makes no difference. So whey then is reading a book and memorizing its contents legal in our copyright law? (And before you say this is a stawman argument, recall the history of the cotton gin. Samuel Slater memorized the design then began building the machines in the United States. Is his memory not a copy of the original plans?)

    21. Re:Libraries are terrible, terrible institutions. by Eustace+Tilley · · Score: 1

      a search engine that shows A an ad when it returns a pointer to B.'s work based on inferences it has drawn of A's preferences is deriving income from its own efforts, not from the efforts of B. Map sellers owe nothing to the owners of properties that someone wishes to locate. Property owners who want to farm revenue from guiding the lost are welcome to publish their own maps but they may not forbid other cartographers from listing the facts.

    22. Re:Libraries are terrible, terrible institutions. by Jack_of_Hearts · · Score: 1
      Great link, but you didn't read it.

      (a) Except as otherwise provided in this title and notwithstanding the provisions of section 106, it is not an infringement of copyright for a library or archives, or any of its employees acting within the scope of their employment, to reproduce no more than one copy or phonorecord of a work, except as provided in subsections (b) and (c), or to distribute such copy or phonorecord, under the conditions specified by this section, if --

      (1) the reproduction or distribution is made without any purpose of direct or indirect commercial advantage;

      (c)
      (2) any such copy or phonorecord that is reproduced in digital format is not made available to the public in that format outside the premises of the library or archives in lawful possession of such copy.

      Seems hard to argue that what goog is doing is legal by those standards.

    23. Re:Libraries are terrible, terrible institutions. by interiot · · Score: 1

      The mere fact that Google is undertaking it means that Google itself believes they will reap real profits from Print, in some form or other. (granted, there are things like corporate charity that is either less directly commercially beneficial or is sometimes actual benevolence, but Google Print isn't being touted in this fashion at all)

    24. Re:Libraries are terrible, terrible institutions. by tgibbs · · Score: 1

      The mere fact that Google is undertaking it means that Google itself believes they will reap real profits from Print, in some form or other. (granted, there are things like corporate charity that is either less directly commercially beneficial or is sometimes actual benevolence, but Google Print isn't being touted in this fashion at all)

      I think that Google's library project is indeed being touted in this fashion. It doesn't yield any commercial benefit to Google, aside from the public good will and publicity that other corporate charities yield.

    25. Re:Libraries are terrible, terrible institutions. by tgibbs · · Score: 1

      (1) the reproduction or distribution is made without any purpose of direct or indirect commercial advantage;

      It is hard to see what commercial advantage the library makes from participating in this project. Google can be seen as acting as the library's agent to index their holdings. And Google isn't putting ads on the library project pages.

      (2) any such copy or phonorecord that is reproduced in digital format is not made available to the public in that format outside the premises of the library or archives in lawful possession of such copy.

      And the entire copy is not being made available to the public, but only small snippets of the sort allowed by the Fair Use exemption. What is clear is that it is not a violation for the library (or Google, acting on behalf of the library) to possess a complete digital copy. It even provides off-site backup to the library in the event of loss of the original by fire or flood.

    26. Re:Libraries are terrible, terrible institutions. by Software · · Score: 1
      >Since Google is essentially acting as an agent of the participating libraries, it seems like this exception is applicable.

      While the law allows libraries to make copies of works, it's only under very specific circumstances, none of which apply in this case. In section 108, it says (emphasis added):

      (a) Except as otherwise provided in this title and notwithstanding the provisions of section 106, it is not an infringement of copyright for a library or archives, or any of its employees acting within the scope of their employment, to reproduce no more than one copy or phonorecord of a work, except as provided in subsections (b) and (c), or to distribute such copy or phonorecord, under the conditions specified by this section, if --

      (1) the reproduction or distribution is made without any purpose of direct or indirect commercial advantage

      Since Google is doing it for commercial advantage, they don't meet the first criterion. Further, they don't meet the criteria for sections b or c. Section b applies only to unpublished work, and section C applies to a "published work duplicated solely for the purpose of replacement of a copy or phonorecord that is damaged, deteriorating, lost, or stolen"

      So no, this library exemption is not going to help Google. These sections were very carefully crafted, and Google's not going to use them as any sort of defense. They may be able to use section 107 (fair use), but not 108.

      #include "ianal.h"

    27. Re:Libraries are terrible, terrible institutions. by MourningBlade · · Score: 1

      Exactly. So, what about memory? The human brain encodes and stores all information retrieved by the senses. If I read a book and successfully memorize it, I have succeeded in making a complete copy of the book.

      This is one of those areas where people suddenly go all funny: if a human memorizes a book, there's no restriction on the memory copy - even if he rented the book from the library. If he then writes down the book from memory (even if it's not exact!), THAT is a copy. If he recites the book to himself or some friends, that is not a copy. If he recites the book for a commercial performance, that is a copy.

      But somehow with a computer everything is suddenly special!

      The problem isn't that the copyright framework doesn't apply to computers, it's that we aren't using the right analogues yet. That'll come in time as more judges "get it." They really are smart fellas - the legal system just doesn't move very quickly.

    28. Re:Libraries are terrible, terrible institutions. by tgibbs · · Score: 1

      Since Google is doing it for commercial advantage, they don't meet the first criterion

      But Google can be seen as working for the library, which reaps no commercial advantage. After all, it would not be a violation for a library employee to reap a commercial advantage (collecting a salary) for making a copy for the library. And even Google does not advertise on the Library Project pages, so at most they are benefitting from the increase in their public profile as the place to go for research.

    29. Re:Libraries are terrible, terrible institutions. by Anonymous Coward · · Score: 0

      > Amount and substantiality

      Google's scanning is a *transformative* use, rather than a literal copy (yes, it's a scan of the book's pages, but that transforms them from paper to digital--this is even more transformative than my next example). The same works, e.g. for image thumbnails (at least, there's legal precident saying that; I've not personally shepardized it, however).

      But such things are why I leave this to lawyers (IANAL)--copyright law has a ton of bloody exceptions, logical disconnects, irrelevant cruft, and other nonsense :) Oh, and the judge can just decide, sua sponte, to totally ignore some precidents and uphold others based on either entirely reasonable or utterly idiotic means of differentiating the current case from existing precident, and whoever reviews their case can do the same. So no, it's hard to predict how this will go. That said, I am worried about the courts killing this really useful project. Its death would merely prove that we have to radically revise or eliminate copyright law, because it would be shown to be purely a tool to hold back progress, when the law was *supposed* to promote it. An aspect of its job that has been almost unilaterally ignored by lawmakers in writing recent updates to it.

      Oh, and Google isn't putting ads on that service. It's indirectly commercial, at most, but they have such a low bar for "commercial" it may still weigh against Google on that point.

    30. Re:Libraries are terrible, terrible institutions. by Geckoman · · Score: 1

      In fact, here is exactly what you currently get when you search for "ozark cavefish".

    31. Re:Libraries are terrible, terrible institutions. by Software · · Score: 1
      I think that's misinterpreting the law. First, the law says that the library employees can do the copying, not Google employees (1). Second, "the reproduction or distribution [must be done] without any purpose of direct or indirect commercial advantage". I think Google, being a corporation, would be hard pressed to say that they're making copies without the purpose of commercial advantage. Why *are* they doing it if not for commercial advantage?

      (1) If Google argues that it's an archive, which is possible, then this might not be an issue.

    32. Re:Libraries are terrible, terrible institutions. by tgibbs · · Score: 1

      I think that's misinterpreting the law. First, the law says that the library employees can do the copying, not Google employees

      I wouldn't be surprised if library employees are doing the scanning, anyway, just to make sure that the books don't get damaged.

      Second, "the reproduction or distribution [must be done] without any purpose of direct or indirect commercial advantage". I think Google, being a corporation, would be hard pressed to say that they're making copies without the purpose of commercial advantage.

      On the other hand, if Google is just providing a service to the library, it seems like the question is whether the library is getting any commercial advantage. And it is not even obvious that Google is reaping a commercial advantage. They clearly are not making any money off the Library Project pages, since they don't place ads there. So the question would be whether the publicity and goodwill that Google reaps from the project constitutes a significant "commercial advantage." I suppose that one could argue that it enhances Google's image as the place to go to search--but considering that "to google" has become virtually synonymous with "to do a web search," it is far from evident that they can be even more famous for searching than they already are.

    33. Re:Libraries are terrible, terrible institutions. by torokun · · Score: 1


      And guess what? The libraries actually pay for those books. They can't populate the whole library with photocopies.

    34. Re:Libraries are terrible, terrible institutions. by Baricom · · Score: 1

      Those quotes say the copies must be made by "employees," not "agents." Copyright law tends to make a distinction in other places, and I believe it's reasonable to extend that distinction here.

      Additionally, the law says the single digital copy must only be available on the premises of the library or archive. Since Google is not a library, and is not the entity in "lawful posession" of the copy (the library is), they shouldn't have the right to distribute the material at all. Your argument that it provides an off-site backup is irrelevant because the law specifically prohibits this.

      Finally, unless Google is going against their established practices, there will be more than one copy on Google's cluster of servers. The law says "no more than one copy". I don't think this is a "backup copy" as exempted by law, since both copies will presumably be accessed equally. Even if it is, if Google makes even one more copy (which they do, if the paper on the Google File System is any indication), they are then in violation of the "backup copy" restrictions.

      IANAL, of course, so this can be twisted to suit whoever has the most money in the case.

    35. Re:Libraries are terrible, terrible institutions. by tgibbs · · Score: 1

      Those quotes say the copies must be made by "employees," not "agents." Copyright law tends to make a distinction in other places, and I believe it's reasonable to extend that distinction here.

      This is a hardly an obstacle. Library employees could do the scanning. My guess is that they probably are anyway, because the libraries will want to supervise the handling of their books.

      Additionally, the law says the single digital copy must only be available on the premises of the library or archive.

      Again, it would be trivial to arrange things with appropriate security and encryption so that the full digital copy is only available (which obviously has nothing to do with where it physically resides) on the premises of the library. Google is not making the digital copy available, but only short snippets of the kind permitted by fair use.

  19. GRAMMAR NAZI POST, PLEASE MOD DOWN by Anonymous Coward · · Score: 0
    Did the article really contain that horrible punctuation error? *gasp* My god, it did!

    At least the article used the word 'aisle' correctly.

  20. Contradictions by jurt1235 · · Score: 4, Informative

    If Google crushes copyright law, and in that proces makes all content free, than the value of all other content will go down, but the value of Google will not go up. With a sufficiently crushed copyright law under which you can copy everything (to a certain extent), nothing will stop another company (lets say Yahoo, or Microsoft) to do the same, and have the same information available, maybe even by copying it from Google.
    It just sounds to me that they are afraid of change. Creativity does not by definition depend on money. Why would there be thousands of art blogs, musicians, and writers who just publish it all for free. Some of them are really good, or even mainstream and could sell, but the commercial copyright industry just has no interest since they already have a few others, and profit margins would just go down when you add one more.

    --

    My wife's sketchblog Blob[p]: Gastrono-me
    1. Re:Contradictions by hopethisnickisnottak · · Score: 1

      Creativity does not by definition depend on money. Why would there be thousands of art blogs, musicians, and writers who just publish it all for free.

      Creativity may not depend on money, but the creator does.
      You can't write a page, let alone a novel on an empty stomach.

      As for the art blogs, musicians and writers who give away all of their creations for free, well, they're crap quality and I wouldn't waste five minutes reading them.

      If you have the talent, you will harness it to make money (unless you happen to be a millionaire). If you don't have talent but do possess a burning desire (and think you have talent), you'll give your work away for free.

      I've seen your wife's blog - she's a talented artist. Please don't take this personally.

      --
      -Shaunak
    2. Re:Contradictions by lkeagle · · Score: 1

      Where on earth are people getting the idea that "all" content will become free?

      I cannot see this as a logical extension of Google's product.

      The only arguments I've seen that intrigue me are, if you want to keep something to yourself, you should never place it on a broadcast medium such as the Internet. Books are still a broadcast medium, they just have a pay-once-per-infinite-use charge.

    3. Re:Contradictions by jurt1235 · · Score: 1

      Having her blog linked in this comment, was a huge risk (-:.
      Creators do depend on income through their work if they do it fulltime. I was more thinking in the line of commercial music with musicians who are great performers, but are not creative at all them selve to be able to create their own material. Some people who are great in creating material however, should not be allowed to perform since they for example can not sing or act.

      Anyway, for now reading a complete novell of a screen pretty much sucks, and printing it is more expensive then just buying the book. And for music: When I like something, I buy the CD/DVD, even when I already own the mp3s of it.

      --

      My wife's sketchblog Blob[p]: Gastrono-me
    4. Re:Contradictions by hopethisnickisnottak · · Score: 1

      Having her blog linked in this comment, was a huge risk (-:.

      My friend, if she can sketch like that, I'd say it wasn't a risk at all. My regards to her.

      Creators do depend on income through their work if they do it fulltime.

      And if they don't do it full time, we won't have the body of artistic work that we have today. If someone is talented / good at something, I would want that person doing that thing for as many hours of the day as that person can spare. Which means (s)he will have to be compensated for the time invested in art. Now if Shakespeare weren't compensated for the plays he wrote, would he have written them or rather become a grocer?

      I was more thinking in the line of commercial music with musicians who are great performers, but are not creative at all them selve to be able to create their own material. Some people who are great in creating material however, should not be allowed to perform since they for example can not sing or act.

      Most of the commercial music today caters to fads which pass on in a few months time and then these musicians have to keep re-inventing themselves (note - themselves, not their music) because let's face it, people buy Britney Spears' crap because she's hot, not because she sings well.
      Contrast this with the likes of Mozart and Beethoven - they re-invented their music over and over, but they were the same musicians - they didn't have to re-invent themselves. Beethoven didn't go in for dreadlocks, nor did he publicly pledge to maintain his virginity till his wedding night.

      Most of these so called musicians of today don't deserve any more money than what a prostitute charges. But as they say, better a thousand thiefs feasting than a single genius starving.

      Anyway, for now reading a complete novell of a screen pretty much sucks, and printing it is more expensive then just buying the book. And for music: When I like something, I buy the CD/DVD, even when I already own the mp3s of it.

      I totally agree with you on all these counts. You can read a book on a hill after a hike. You can read a book on a boat during a voyage. And it's easier on the eyes than staring at a screen for hours on end.

      --
      -Shaunak
  21. Evidence? by hding · · Score: 1

    I always think it's interesting that people state this sort of opinion without actually providing any evidence that this kind of move by Google actually reduces creativity. Sure, their model for the way things are produced predicts this, but why is their model valid? What about a model where one posits that having all (or even just more) information freely available for anyone's use actually increases the overall creative output of society because creators have more raw material to work with? Though I present no evidence for this either, it's easy to conceive that this could be valid as well.

    1. Re:Evidence? by Bulmakau · · Score: 1

      It was proved already over the history that when you dont incentive (economiacally as well) creators for their creation, you loose creativity.
      As for your view of freely accessible information, it might be true BUT google does not enable access to the information. only make it searchable in a snippet format. Once that is done you don't have access to the information. And trust me, most aythors (novelists, sci-fi, philosophy) dont (and wont) use google to look for which books to read. They go to the library and talk to their friends/coleges about which books to read.
      Although I am sure it will be the official stand, I doubt what drives google is the authors and their creativity ;)

      --
      "From the moment I could talk, I was ordered to listen" - Cat Stevens
    2. Re:Evidence? by ClamIAm · · Score: 1

      Additionally, they don't have any evidence that Google is breaching copyright law (landshark quotes, etc), nor do they actually say what the purpose of Google Print is, which is (in my opinion) supposed to basically be grep for printed books, helping me find the page that has "potato" or whatever.

  22. Retard by Digital+Vomit · · Score: 2, Interesting
    Not only is Google trying to rewrite copyright law, it is also crushing creativity

    As opposed to what lobbyists have done, rewriting copyright laws (extending them infinitely) and crushing creativity (you so much as write something similar to us and we release the lawyers)?

    ...Google envisions a world in which all content is free;

    We can only hope, for the good of all society, that this day comes soon.

    --
    Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
    1. Re:Retard by That's+Unpossible! · · Score: 1

      We can only hope, for the good of all society, that this day comes soon.

      How would this help our society? In one fell swoop, you would indeed remove the incentive for many, many, many, many great writers to publish as much as they do. Why should things of value be free just because you want them to be free? What if I said, "we can only hope, for the good of all society, that [whatever you do for a living] will be done for free in the future."

      Does that change your perspective at all?

      Luckily Google isn't looking to make all information free, just searchable.

      --
      Ironically, the word ironically is often used incorrectly.
  23. I don't think... by Savage-Rabbit · · Score: 1

    ...things have quite reached the point where Google has taken over from Microsoft as the source of all evil. It is much more that Google is now beginning to play the Anti-Christ to Microsoft's Lucifer in their quest to turn the internet and the entire computer using world in general into a cororate purgatory. Anybody who says anything nice about either of them will, of course, immediately be modded down to -1 flamebait and promoted to the exulted status of a 'false prophet'.

    --
    Only to idiots, are orders laws.
    -- Henning von Tresckow
  24. Opposing sides of the isle? by S.+Baldrick · · Score: 0

    You mean one is at Lands End and the other is at John O'Groats?

  25. Google, Books and the internet.. by Bulmakau · · Score: 1

    I am sure many will ask what the difference between books and sites is. And since we all like google scanning out sites, why should we oppose book scanning?
    Well, for several reasons:
    1. It is WE who like our sites scanned, and if not, we add a Robots.txt file. We can protect some of the content on our site, or all. and we easily know if its being spidered, so we can take action. How will that be with books? Robots.txt is not probably. You know what? if anything, it already exists in a way. All (most) books say have on them, in print, right in the beginning a text saying "copying of material from this book is not allowed unless permitted, prior, in writing, by the author or the publisher". I think that resembles a robots.txt file. no? And authors have little ability to "check the web logs" and see who scans their books.
    2. We get something directly from it. Fair use dictates that google links to our sites directly. How will that be with books? You have to go to the shop to at least consider buying the book? Not likely. They can send traffic to Amazon maybe? But still, not a parallel (and if they do, I am sure they will collect referral fee ;))
    3. Our sites operate in the internet. Books "operate" in libraries, stores. You go to a library? you can search there for a book. On the internet, you can search for sites. Not only that, but internet has shaped to be mostly a free and open medium. Books - not. Books, you have to buy, or at least subscribe to a library (paid, directly or indirectly). Different "market".
    4. Most of our sites are free, and are freely accessed. Most of the sites in google are such sites. As a matter of fact, subscribed sites where their content is protected and paid for (as books are) do NOT have their content on google. And IF they have, THEY take the steps to get it into google. Books are in a sense like protected/paid sites.
    A world of difference that is going to be erased very abruptly by google..
    Good or bad? You decide (and also authors, publications and libraries which seems to have decided already)

    --
    "From the moment I could talk, I was ordered to listen" - Cat Stevens
    1. Re:Google, Books and the internet.. by manmanic · · Score: 1

      All of these are excellent points.

      If Google is convinced this is in the best interests of authors, they should provide them with an opt-in. This could be good or bad for books in different sectors.

      Even better, the search engines and publishing houses should get together and decide on some standard metadata format (akin to robots.txt) by which the copyright owners determine whether, and how much, their book can be indexed. Google today - who knows tomorrow? Does Google think it is fair that authors have to individually contact each company that does this, to request their book is excluded?

      Is it OK if I stick a notice up in the town hall saying I am going to burgle everyone in town, but people who contact me will be excluded?

    2. Re:Google, Books and the internet.. by Zacha · · Score: 1

      This is a good idea. The only problem is that it highlights the key dilemma in this field: what if you can't find the author, or copyright holder, or the managers of their estates? But it's quite possible they'd probably let you scan it, if you could find them. And assuming that you could track everyone down, how much will it cost in time and money?

      One the one hand, it would be so hard as to effectively halt the progress of something like Google print. So you need a blanket law, to be opted out of.
      On the other hand, that's not fair on the individual authors and copyright holders who don't want to be included.

      A simpler solution might be to make the index itself public domain, and government run. Run by a body like the Library of Congress, and licensed out to 3rd parties, using proper 'privacy'-like disclosure rules for the data.

    3. Re:Google, Books and the internet.. by taaloos · · Score: 1

      Excellently made points. Google has begun the walk toward asking forgiveness instead of permission, a line that certainly seems in opposition to their unofficial mantra. Just because you can, doesn't mean you should...

    4. Re:Google, Books and the internet.. by 99BottlesOfBeerInMyF · · Score: 3, Informative

      It is WE who like our sites scanned, and if not, we add a Robots.txt file.

      I'd just like to mention, adding a robots.txt is an opt out scheme. Google indexes all the internet that people don't specifically request they do not. Legally, they do not even have to respect the robots.txt, they do so to generate good will. It would be prohibitively expensive to contact every website operator and get permission in advance.

      The same holds true for books as well. It is just too expensive to ask every copyright holder, and many copyright holders are completely obscured. Authors die, publishing houses go out of business. Technically, someone owns the copy rights, but no one really knows who.

      All (most) books say have on them, in print, right in the beginning a text saying "copying of material from this book is not allowed unless permitted, prior, in writing, by the author or the publisher".

      Which means jack and shit since it is not formatted in such a way as to be machine readable, like the robots.txt and since it is not legally binding. Fair use means Google can index them in order to recreate a excerpt and children can copy a paragraph for their book report. They could but in a clause that says "you agree to pay me $1 for every letter in this book you read." It means nothing.

      And authors have little ability to "check the web logs" and see who scans their books.

      Neither do web users since it is easy to forge said information.

      Fair use dictates that google links to our sites directly.

      What the hell are you taking about? The fair use doctrine says no such thing.

      Not only that, but internet has shaped to be mostly a free and open medium. Books - not. Books, you have to buy, or at least subscribe to a library (paid, directly or indirectly). Different "market".

      The internet is not free. A good chunk is free, and a good chunk is paid for by ads, but then pay-to-view porn sites make up about a third as well. All three of these models apply to print as well.

      Basically, from doing a little research it is pretty apparent Google is likely to prevail in this case. As for whether or not that is a bad thing, the only people who have so far objected are people who make their living marketing and distributing books, because they are afraid that their position is in jeopardy. They are right, their positions are in jeopardy. That does not mean print.google.com is not a wonderful thing for authors, readers, researchers, and mankind as a whole. I'm quite happy if Google indexes books I've written, it is free advertising. As an avid reader I'm happy to be able to easily find books relating to keywords if I am doing research of looking for a reference. I can't imagine that I or very many other people will search for some term, find a book, and use that excerpt of knowledge instead of buying a book, if they would otherwise have bought the book for that purpose. If the excerpt you need is that small you can just write it down at the library of book store and you have no business buying the whole book in the first place. Google print is a double win for authors and consumers and a minor blow to middle men. That is jsut fine, Copyright is supposed to be about encouraging authors and benefitting the people, not ensuring a revenue stream for distributors

    5. Re:Google, Books and the internet.. by Bulmakau · · Score: 1

      I'd just like to mention, adding a robots.txt is an opt out scheme. Google indexes all the internet that people don't specifically request they do not. Legally, they do not even have to respect the robots.txt, they do so to generate good will. It would be prohibitively expensive to contact every website operator and get permission in advance.

      Google does NOT index all the web. Robots.txt is opt out indeed, BUT the site has to be open to the web. NYTimes subscribed archive is not open to the web. Even without Robots.txt it wont be in google. Same with books. Books are not open to the net, nor they are free.

      The same holds true for books as well. It is just too expensive to ask every copyright holder, and many copyright holders are completely obscured. Authors die, publishing houses go out of business. Technically, someone owns the copy rights, but no one really knows who.

      I would say - Tough. Most of the books published (that are still copyrighted) can be tracked back to the publisher. For those that are not, a solution can be found. That is no excuse for not contacting those you CAN contact.

      Which means jack and shit since it is not formatted in such a way as to be machine readable, like the robots.txt and since it is not legally binding. Fair use means Google can index them in order to recreate a excerpt and children can copy a paragraph for their book report. They could but in a clause that says "you agree to pay me $1 for every letter in this book you read." It means nothing.

      Not formatted? Its very clearly formatted. And you are claiming that after indexing the entire book google, with all their brilliant people, can not write some routine that searches for copyright notice? It would be a very weak argument if google said that. As for your $1 argument.. Console games, DVD/VCR movies, all say that you are not allowed to publicly display the movie. Does that mean jack shit too? Maybe we can freely copy console games cause who cares if its written somewhere in the box that we can't why should we bother to read it? If its hard for google to find the copyright notice, it should be hard for us to realize what theft is as well. Hell... what about any other crime... who are they to expect us to obey the law when it is written is some obscure book somewhere, which I never saw??

      Neither do web users since it is easy to forge said information.

      How can you compare the two? At least WE have logs. At least we can see, if not all, then the "legitimate" spiders.

      What the hell are you taking about? The fair use doctrine says no such thing.

      I disagree with you. See what happens if google stopped linking to the original sites from which they index data. How many sites do you think will allow google to keep scanning their sites? It is common sense and clearly is part of the fair use doctrine.

      The internet is not free. A good chunk is free, and a good chunk is paid for by ads, but then pay-to-view porn sites make up about a third as well. All three of these models apply to print as well.

      In most part, the internet is free. Ads on a page does not mean its paid. Yuo clearly misundetood my use of free. Free as in "I don't have to pay to go to that page". Internet is free to the end user. Not the same with books. You might want to not see that fact, but it is. Ads allow the net to be free. The same way it allows some TV channels to be free.
      Most of the Internet is free. And for the part that is not free? Well - that part is almost all NOT in google. Simple analogy to the books world.. Books therefore should NOT be spidered unless asking to. Same with sites that allow access only to paid members.

      Basically, from doing a little research it is pretty apparent Google is likely to prevail in this case. As for whether or not that is a bad thing, the only peo

      --
      "From the moment I could talk, I was ordered to listen" - Cat Stevens
    6. Re:Google, Books and the internet.. by 99BottlesOfBeerInMyF · · Score: 1

      Google does NOT index all the web. Robots.txt is opt out indeed, BUT the site has to be open to the web. NYTimes subscribed archive is not open to the web. Even without Robots.txt it wont be in google. Same with books. Books are not open to the net, nor they are free.

      I think an argument could be made that selling a book to a public library is akin to publishing it on the internet. The NYTimes subscription version is akin to selling a limited print of a book and refusing sales to libraries. For some reason you're trying to draw parallels between books and the internet. Let me make it really simple for you. Publishing is publishing in the eyes of the law. Whether it is published on the internet or in a book does not matter. If a company started giving away books where you had to pay a subscription to unlock the cover would that make you feel better?

      I would say - Tough. Most of the books published (that are still copyrighted) can be tracked back to the publisher. For those that are not, a solution can be found. That is no excuse for not contacting those you CAN contact.

      So you're of the opinion that Google should spend millions of dollars and years of time trying to contact every publisher of every book and asking their permission to do something they don't legally need the author's permission to do and which most authors don't seem to have a problem with them doing. And your reason for this is what again? And you think if no author can be found for a work, that work should disappear from the face of the earth and be unavailable for people to find by searching. And why is that?

      Not formatted? Its very clearly formatted. And you are claiming that after indexing the entire book google, with all their brilliant people, can not write some routine that searches for copyright notice?

      No, I'm saying that notice was not designed with Google indexing in mind and is not a convention like robots.txt. If publishers want to come up with such a convention and implement it, and if Google still feels like being nice and then not indexing those works, that is fine. But their is no reason for them to devote time and money to make print.google.com not work as well. What is their motivation here?

      Console games, DVD/VCR movies, all say that you are not allowed to publicly display the movie. Does that mean jack shit too? Maybe we can freely copy console games cause who cares if its written somewhere in the box that we can't why should we bother to read it?

      You seem very unclear on the concept of fair use. Yes, absolutely it is legal to copy DVDs, VCR movies, and to publicly display them in certain circumstances. Provided it is a fair use, as the law defines it, for example, educational institutions can publicly display large parts of movies for their classes. If you want to make a backup copy of a DVD it is specifically protected as fair use. If the publisher includes a note that says you can't, too bad. They don't have the right to impose arbitrary restrictions on people who have already bought a work

      If its hard for google to find the copyright notice, it should be hard for us to realize what theft is as well. Hell... what about any other crime... who are they to expect us to obey the law when it is written is some obscure book somewhere, which I never saw??

      While I disagree in principal with the concept of "ignorance is no excuse for violating the law" that is a completely different argument. You are operating under the false assumption that what Google is doing is illegal, which is most likely not the case.

      I disagree with you. See what happens if google stopped linking to the original sites from which they index data. How many sites do you think will allow google to keep scanning their sites? It is common sense and clearly is part of the fair use doctrine.

      Gee maybe you should actually read the fair use doctrine. You are legally allowed to republished excerpts of works, subject to a number of rest

    7. Re:Google, Books and the internet.. by ghostlibrary · · Score: 1

      >I'd just like to mention, adding a robots.txt is an opt out scheme.

      Yes, but publishing is already an opt-in scheme. By publishing, you already give permission for people to do stuff with your work-- including stuff you might not agree with. 'robots.txt' lets you gain _additional_ control that most publishers do not have.

      Imagine if novels had a flag that said "cannot be searched by Cliff Notes publishers". So think of 'robots.txt' as giving web publishing an additional advantage. It's existence certainly takes nothing away.

      --
      A.
    8. Re:Google, Books and the internet.. by 99BottlesOfBeerInMyF · · Score: 1

      'robots.txt' lets you gain _additional_ control that most publishers do not have.

      Actually, it lets you request a single additional control, (although it need not be honored by others), in a formal, machine readable way. I imagine if Google print takes off some publishers might implement standardized tag in the text of the book to automate this request. This would be especially useful for certain reference works like dictionaries, thesaurus, recipe books, etc.

    9. Re:Google, Books and the internet.. by Bulmakau · · Score: 1

      We appear to think very differently on the subject. You seem to think that google is a special company that is not obliged by copyright laws. I think differently. And time I assume will prove my view is what the court will side with. But as we all say, time will tell.
      I assure you that if I personally did it (what google is trying to do), I will be in jail for not being able to pay the sums of money the court will rule aginst me. I think people (maybe you included) think differently simply because of the fact that sueing google is a little harder than sueing smaller fish. But it is only a matter of time before google finds themslves paying a lot of money for wrongs they do, just as Mircosoft is doing nowadays.
      Copyright laws are broken when google copies and make available (either for search or full/partial quote) without the concent of publishers. Not only that, but if publishers wanted, they could simply prove financial damages regardless of copyright violations, that will still stand in court. This is not a question of view. it is a question of law. Bad or good for the public or the author, law is law, and I for one think it is good. Ever more right than RIAA and the movie industry wins over not too different matters (copyright violations)
      As for your assumption that google will spend hundreds of millions by trying to contact authors, this is simply funny. The number of publishers that publish 80% of the books in the world is very limited. Publishers are trusted with the copyright laws of most of the books. It is very easy to contact most of them IF one wanted. One does not want to because they know what the answer is.

      --
      "From the moment I could talk, I was ordered to listen" - Cat Stevens
    10. Re:Google, Books and the internet.. by 99BottlesOfBeerInMyF · · Score: 1

      You seem to think that google is a special company that is not obliged by copyright laws.

      No, I just actually took the time to read the copyright laws, while you don't seem to have a clue what they say.

      I assure you that if I personally did it (what google is trying to do), I will be in jail for not being able to pay the sums of money the court will rule aginst me.

      Further demonstrating your ignorance, you seem unaware that the U.S. has no debtor's prison provision and you can't go to jail for owing money in a civil suit. While it is true the U.S. legal system is influenced by having enough money to fight things in court, you would not be breaking the law by doing the same thing Google is doing.

      Copyright laws are broken when google copies and make available (either for search or full/partial quote) without the concent[sic] of publishers.

      You are wrong. The whole point of the Fair Use Doctrine, as implemented by the Copyright Act of 1976 is to enumerate the criteria for republishing without the copyright holder's permission.

      Not only that, but if publishers wanted, they could simply prove financial damages regardless of copyright violations, that will still stand in court.

      Financial damages are not, by themselves, grounds for compensation. If someone opens a McDonalds and Burger King goes out of business, the Burger King cannot win compensation unless there is wrongdoing.

      This is not a question of view. it is a question of law.

      Well, actually the law itself is a bit vague, it is more a matter of interpretation of that law, as embodied by previous court rulings on the matter. You should really educate yourself on the laws before arguing what they say.

      As for your assumption that google will spend hundreds of millions by trying to contact authors, this is simply funny. The number of publishers that publish 80% of the books in the world is very limited. Publishers are trusted with the copyright laws of most of the books.

      First, I said millions, not hundreds of millions. Second, the last time I looked more than 90% of copyrighted works right's were owned by unknown parties. What percentage of that is books is anyone's guess, but a substantial number of books are certainly owned by indeterminate parties. Google could go to great expense to get permission from some of them, but it has no need to do so and not doing so benefits them and end users.

      We do indeed think differently on this subject. When I read about Google print I was unsure of it's legality, and my gut instinct said they were probably breaking the law. Then I did this thing called "research" where you look for facts to determine if an opinion is correct. After reading the laws, the case summaries, and reading expert opinions by lawyers I learned that Google is probably within their rights, as well as other tidbits about what why and how this case is being filed in an odd jurisdiction. You on the other hand, just made a bunch of assumptions and obviously did not bother to find out the facts. That is why although the courts could rule against Google, I know that it is unlikely. Please research "fair use," "copyright law," "Kelly v. Arriba Soft," and "google print." before bothering to reply or make more ignorant assertions about copyright law.

    11. Re:Google, Books and the internet.. by Bulmakau · · Score: 1

      I certainly see you did a lot of this thing called "research". However, you simply have to ask lawyers (which is what I do) about copyright and they will you that using if for your befenit (especially financial) against the will of the copyright holder is illegal. Maybe you now hold poor opinion over the lawyers I talk to. That is your right.
      You seem to found out other truth. Good for google then. I doubt though that the legal system will agree with you and google. But as I said, time will tell.
      Woth most of the books they will scan, it is very easy to find the publisher. It is written in the book. Your claims are mostly argumentative as you seem to ignore the fact tht we talk about books and about printed ones. You talk about unknown authors and IP in general and seem to fail to realize we talk here about printed books in libraries. I am fairly sure that 95% or even more of the works found in libraries that are still copyrighted are very easy to trace back to the authors. Books written 100 years ago with an unknown authorr are not copyrighted anymore. And I bet libraries dont hold many 'printed' books by unknown authors. You think differently? ok.
      As for the millions they will spend on contacting publishers, they will spend much more on scanning. So again, weak argument. Regardless, not having money to do the right thing is no excuse for doing the wrong thing. Especially not for a "poor" company like google.
      You seem to live in a place where copyright can easily be broken and ignored. I live in a different place. You also seem to be ignorant of the fact that the world is not the US. that there are other countries there. Maybe I live in one of them?

      --
      "From the moment I could talk, I was ordered to listen" - Cat Stevens
    12. Re:Google, Books and the internet.. by Baricom · · Score: 1

      I imagine if Google print takes off some publishers might implement standardized tag in the text of the book to automate this request.
      An excellent idea. I propose that it read as follows (*grabs a book at random from the bookshelf behind him*): "No part of this publication may be reproduced in any form, or stored in a database or retrieval system, or transmitted or distributed in any form by any means, electronic, mechanical photocopying, recording, or otherwise, without the prior written permission of the publisher."

    13. Re:Google, Books and the internet.. by Baricom · · Score: 1

      ...the only people who have so far objected are people who make their living marketing and distributing books, because they are afraid that their position is in jeopardy.

      I do not make my living marketing or distributing books. I therefore have no reason to be afraid that my position is in jeopardy.

      I object.

    14. Re:Google, Books and the internet.. by 99BottlesOfBeerInMyF · · Score: 1

      Have you opted out your book(s)?

    15. Re:Google, Books and the internet.. by 99BottlesOfBeerInMyF · · Score: 1

      However, you simply have to ask lawyers (which is what I do) about copyright and they will you that using if for your befenit (especially financial) against the will of the copyright holder is illegal. Maybe you now hold poor opinion over the lawyers I talk to.

      Damn straight I do. Are you sure they are really lawyers and not people with mental problems that think they are lawyers? Every single post in this discussion is copyrighted, and how many times are people quoted in it and in other publications? Guess what, all those publications are making money either through ads or direct sales and doing so using a "fair use" excerpt of another copyrighted work. (You do know everything you write is copyrighted since 76 right?)

      You talk about unknown authors and IP in general and seem to fail to realize we talk here about printed books in libraries. I am fairly sure that 95% or even more of the works found in libraries that are still copyrighted are very easy to trace back to the authors.

      You fail to understand that the principal of the law applies the same whether it is for books, random papers, or anything else. Google, or someone else, will eventually begin scanning in everything possible to make these databases more useful. But let's ignore that and assume for the sake of argument that you are right and 95% of works in libraries that they will scan is able to be traced at a somewhat reasonable expense. Is it right that those 5% of works are effectively lost to the people who copyright laws are supposed to benefit? What do you predict this situation will be like in 75 years? Copyright terms have been extended again and again and the average book written today will be copyrighted for 120 years. For works that have been around for 100 years, how many of the publishers will have vanished? How many individually produced works will be easily traceable through five or more generations of inheritance? More importantly, you've never answered why Google should bear this burden. Lets also assume for the sake of argument that what Google is doing is a violation of copyright. The copyright holder is still obligated to notify them of any copyright infringement and give them a reasonable amount of time to stop republishing a work before they can be held liable for damages. Now you want to shift the burden of keeping works unavailable to the public to Google instead of the people who are supposed to be profiting from them and thus being motivated to make more works? Preposterous!

      As for the millions they will spend on contacting publishers, they will spend much more on scanning. So again, weak argument.

      Allow me to debunk your argument by analogy. Why should you care take $100 from you? You just spent that much buying groceries. Non sequitur.

      Regardless, not having money to do the right thing is no excuse for doing the wrong thing.

      You have not yet given any reason why you think what they are doing is wrong, only asserted that that is your opinion for some unspecified reason.

      Especially not for a "poor" company like google.

      Ahh, the old, stealing from the rich is not immoral argument. I think that one was thoroughly beaten down about two thousand years ago.

      You seem to live in a place where copyright can easily be broken and ignored. I live in a different place. You also seem to be ignorant of the fact that the world is not the US. that there are other countries there. Maybe I live in one of them?

      This discussion was about the legality of Google's project and the court case against them. That case is in the U.S. and follows U.S. law. As for moral arguments that are relevant across national boundaries, you have not made any. Drugs are bad m'kay?

    16. Re:Google, Books and the internet.. by Bulmakau · · Score: 1

      Are you sure they are really lawyers and not people with mental problems that think they are lawyers?

      Yes. I am sure they are lawyers. And good ones. This is in contrast to people who did a little "research" and think they know the copyright law. All lawyers I have spoken to so far, none have any personal take on this case, have quite quickly got the the conclusiuon that what google is doing is copyright violation.

      You fail to understand that the principal of the law applies the same whether it is for books, random papers, or anything else. Google, or someone else, will eventually begin scanning in everything possible to make these databases more useful.

      I don't fail to see that. This is why I say it is copyright violation. Your claims that it helps people, amd that its hard to trace the copyright owners is failing to understand that hard work (or impossible situation) does not give you right to break the law.

      But let's ignore that and assume for the sake of argument that you are right and 95% of works in libraries that they will scan is able to be traced at a somewhat reasonable expense. Is it right that those 5% of works are effectively lost to the people who copyright laws are supposed to benefit?

      It is a safe assumtion to say I am right. As for the rest of the 5%, as I said, tough. Not being able to abide by the law does not mean you can break it. Copyright laws were there to protect writers. Not allowing google to infringe the writers' rights is working AGAIST the writers? How did you get to this conclusion?

      What do you predict this situation will be like in 75 years? Copyright terms have been extended again and again and the average book written today will be copyrighted for 120 years. For works that have been around for 100 years, how many of the publishers will have vanished? How many individually produced works will be easily traceable through five or more generations of inheritance? More importantly, you've never answered why Google should bear this burden.

      Why google should bare this burden? because its the law. its not more burden than speed limit. or not stealing from the grocery store. I don't care what will happen in 100 years. Copyright laws are good. And if a copyright is broken, it is bad even if you in person enjoy the product of the theft.

      Lets also assume for the sake of argument that what Google is doing is a violation of copyright. The copyright holder is still obligated to notify them of any copyright infringement and give them a reasonable amount of time to stop republishing a work before they can be held liable for damages. Now you want to shift the burden of keeping works unavailable to the public to Google instead of the people who are supposed to be profiting from them and thus being motivated to make more works? Preposterous!

      You are wrong. Here is why..
      There is quite an open and clear debate about this issue, that google knows about. Google can not say it had no knowledge of their illegal act. Publishers already are expressing their disapproval. If a copyright holder wanted to sue google, he would not have to notify google in advance anymore. Since googld knowingly infringed his right. The burder of abiding by the law is always on the offender. I am not saying it should be moved to google, it is already on them. You are referring to "innocent" act when you claim the copyright holder should notify the offender. There you are right. But when google knows in advance quite clearly they are breaking the law, prior notice is not needed. I assume that when/if it comes to court, it will also be a class action agaist google. and if the verdict will be against google, it will not be only payment of compensation but a cease or desist verdict. It is not like MS and anti-competition laws.
      The fact that you are enjoying what google does, does not make the copyright infrin

      --
      "From the moment I could talk, I was ordered to listen" - Cat Stevens
    17. Re:Google, Books and the internet.. by 99BottlesOfBeerInMyF · · Score: 1

      All lawyers I have spoken to so far, none have any personal take on this case, have quite quickly got the the conclusiuon that what google is doing is copyright violation.

      Funny they seem to disagree with the expert legal opinions that the media has written up thus far, huh?

      Your claims that it helps people, amd that its hard to trace the copyright owners is failing to understand that hard work (or impossible situation) does not give you right to break the law.

      You seem to be having problems with the English language. Are you, perhaps, a non-native speaker? That was an argument as to why Google may not want to use an opt-in scheme, not to the legality of the situation. You have not yet presented an argument why they should switch to such a scheme other than your assertions that it is wrong and illegal, neither of which you can support with facts.

      Not being able to abide by the law does not mean you can break it.

      Why don't you think about that statement for a bit, and see if you don't change your mind (not that it has anything to do with our discussion).

      Copyright laws were there to protect writers.

      No. They are not. In the U.S. the only legal purpose of copyright is "To promote the Progress of Science and useful Arts" ostensibly, "for the Good of the People." Copyright was originally enacted as a trade-off. The people had their free speech right to copy works restricted for a limited time. Thus artists and scientists could make money off their works. In exchange the people were rewarded with more works and authors could not keep their works secret, but had to send multiple copies to the library of congress who held them for said limited time until they were freely copyable by the people again. Since that time the limit has became virtually limitless, the reference works are no longer required, and the result is works are discouraged as much as encouraged. Why make works when you can survive of the royalties from your grandfather's works?

      If you'd bother to do a little reading, like the supreme court decisions on the issue you'd see the only reason that it is constitutional is because the courts don't believe it is their job to decide what does and does not benefit arts and sciences and although they are of the opinion that what the law is doing does not promote arts and sciences.

      because its the law... I don't care what will happen in 100 years. Copyright laws are good.

      Hmm, three assertions, one of which expresses that you don't care what the effects of the law are and two with no backing at all. Are you trying to convince me you have just beliefs founded on logical reasons, or just that you have lots of annoying opinions for some unspecified reason?

      If a copyright holder wanted to sue google, he would not have to notify google in advance anymore.

      Do you mean copyright violation notice? Umm you're very wrong.

      The burder[sic] of abiding by the law is always on the offender.

      Sigh, please learn the difference between criminal law and civil law. Next reference innocent until proven guilty. Finally, if you think someone is infringing your copyright and you want them to stop, you have to send them a notice, otherwise you can't claim any damages.

      But when google knows in advance quite clearly they are breaking the law, prior notice is not needed.

      Well, some very prominent and well respected lawyers have spoken in the press their belief that Google is not violating the law. Why then, would you assume Google "knows it is violating the law" as you put it?

      It is the law. Your view basically erases the term copyright. What else would you say copyright is if not the right for the creation and the way it is accessed, published or used? You need to review the copyright law.

      Copyright is the right to restrict most republishing of a work, for a limited time, subject to certain restrictions. Situations where permission from

  26. Information availability by Anonymous Coward · · Score: 0

    I'm sure the authors of the article would rather all these books remain obscured to all but those capable and inclined to visit these libraries. I really don't see who's getting screwed here. Except those who benefit from hording information. If it's legal, who cares. Google's always been good to us. I haven't heard anything about Google changing any laws, so I don't know what "unilaterally changing copyright law" is supposed to mean. I'm tired of this "crushing creativity" argument. I'm certain that if for some reason no one on Earth was paid for creating anything that all creation would not stop.

    1. Re:Information availability by Anonymous Coward · · Score: 0

      "I'm certain that if for some reason no one on Earth was paid for creating anything that all creation would not stop."

      Really. Look at the experience of communism. With few exceptions their technology was decades behind the free market world.

  27. Re:Washington Times? That Moonie piece of crap? by Your+Anus · · Score: 1

    I see someone modded you -1, Troll, but I have to agree with you. The Washington Times is a right-wing tabloid owned by the Unification Church. It is like Fix News, but less respectable. Why anyone here would take them seriously is beyond me.

    --

    In the USA, we like stuff watered down, like beer, television, and freedom.
  28. Google free ride is coming to an end by Anonymous Coward · · Score: 0

    Why should Google be allowed to use content of any kind - be it websites or books - for free? For the benefit of mankind - yeah, right. If they want to benefit mankind they should change their website to Google.org, stop selling advertising on other people's copyrighted content and open up their databases to anyone without restriction.

    Within a few years (if it has not happened already) Google's advertising revenue will dwarf all domestic newspaper ad revenues. Is this unchecked growth a good thing?

    1. Re:Google free ride is coming to an end by WindBourne · · Score: 3, Interesting
      Why should Google be allowed to use content of any kind - be it websites or books - for free? For the benefit of mankind - yeah, right. If they want to benefit mankind they should change their website to Google.org, stop selling advertising on other people's copyrighted content and open up their databases to anyone without restriction.

      they index the content of websites/books and provide it for a cost; a side advertisement that is related. They are not claiming to do it for mankind, even though it is a clear benefit.


      Within a few years (if it has not happened already) Google's advertising revenue will dwarf all domestic newspaper ad revenues.

      And your point is?????? News media over the last 5 years have become lapdogs and no longer do their jobs (report esp on politicians). So instead, BLOGGERS have really been replacing newspaper as a major source of info, not google. Google is actually helping newspaper via news.google.com.

      Is this unchecked growth a good thing?

      And why is it not? If you can do it better, than do so. Google shows innovative capitalism at its best. They not only have done innovative work, but have continued to do so. They do not have a monopoly, but even they do, it is natural (as opposed to MS's which was/is an illegally aquired and maintained).

      --
      I prefer the "u" in honour as it seems to be missing these days.
    2. Re:Google free ride is coming to an end by Anonymous Coward · · Score: 0

      If Google's reasons for scanning published works without the publisher's or author's express consent is NOT to make money then they are obliged to share their profits with every single book or website's author/publisher/owner. They cannot have it both ways. Google is setting a very dangerous precedent in effectively putting all this work in the public domain.

      Ironically, the RIAA will ultimately be forced to challenge Google, and the RIAA would likely win in the courts. Yeah! Praise the RIAA - our champions of freedom!

    3. Re:Google free ride is coming to an end by Politburo · · Score: 1

      BLOGGERS have really been replacing newspaper as a major source of info

      This isn't true at all. If you look at most blogs, they link predominantly to newspapers or news wires as their sources. What the blogs primarily do is shape and amplify existing news. i.e. the Post may bury a story in the back of the paper, but a blog will bring it to the front.

      There are a few 'blog exclusives' but they are very rare. 'Rather-gate' was an exception, not the rule.

    4. Re:Google free ride is coming to an end by kevinwal · · Score: 1

      The Microsoft monopoly was not illegaly acquired, the zombie-like insistence of slash-dotters to the contrary notwithstanding, and the actions taken by Microsoft prior to its being declared a monopoly were not illegal until after that declaration occurred. This is a unique aspect of anti-trust law. Subsequent actions by Microsoft have been subject to continual DOJ review, so by definition, the monopoly is not illegally maintained.

      Microsoft is a corporation, not a person, as is Google. Your notion that the paper-entity that is Google will be somehow more good and soft and cuddly for humanity is both misguided and pathetic.

  29. You can take the politician out of politics...... by carlos_benj · · Score: 4, Insightful

    Good grief. Google's not making the works available. They're just making them searchable. The TV taping isn't a good analogy from either viewpoint as the television show will be watched in whole. What Google makes available would be akin to watching a one minute clip of the television show.

    I was going to argue against it stifling creativity, but I guess paranoia would keep you from writing new works as it's hard to type while running from imaginary enemies.

    The article claims Google has not defined what a "snippet" is. They go on to ask if it's a paragraph, a page or even a chapter..... This is willful ignorance as Google has provided examples of what a snippet will look like. Best to ignore what's out there so we can create the monster to look the way we want it to.....

    --

    --

    As a matter of fact, I am a lawyer. But I play an actor on TV.

  30. Re-Ining? by acaben · · Score: 1

    I read this as Re-Ining in Google, and couldn't figure out what Ining was or why it'd need to be done over again. I think it's time for some coffee, and what better time than the fire drill that's set to happen in five minutes. Mmm, caffeine. Perhaps Ining has something to do with caffeination. If not, it should.

  31. Who Gets to Decide? by Zacha · · Score: 2, Insightful

    "The creators and owners of these copyrighted works will not be compensated, nor has Google defined what a "snippet" is: a paragraph? A page? A chapter? A whole book?
    This is the better point of the article: who said that Google gets to decide what's fair use? It can't just be Google's say so, court decisions aside. Nor just the balance of opinion on the web.
    I admire Google's robust approach to copyright - that it's better to try things first, find out if you're right second. It's a very cool company. But it's not elected and it is straying into the area of other people's copyrights... be it for good reason, or otherwise.

    .. on this, we can both agree: These lawsuits are needed to halt theft of intellectual property. To see it any other way is intellectually dishonest.
    This is the more unsettling point in the article. In the same vein: why do Schroeder and Barr get to decide what is fair use? To point out the problem, reasonably, is something the article does very well until right near the end. These last few paragraphs stray unsettlingly into RIAA languge, be it intentionally or otherwise.

  32. Good from libraries outweighs harm to producers by xtal · · Score: 1

    Libraries didn't make books and newspapers go away, did they? I can go into my local library and read the newspaper! FOR FREE! It's COMMUNISM! OHNOES!

    This debate happened a long time ago. The benefits to society from an educated populace with easy access to information vastly outweighs any harm that might come from shared access to the information to the producers.

    I'm suprised more of the public does not push for this; indeed, a digital library would be a great boon in many ways. Printed media is not going anywhere, and when people are given a reasonable choice, they will pay for a service to save effort infringing someone's copyright. See, iTunes et al.

    Go google!

    --
    ..don't panic
    1. Re:Good from libraries outweighs harm to producers by interiot · · Score: 1

      Libraries don't copy books. In the eyes of the law, Google IS copying its books by making tens or hundreds of copies of books onto its internal servers.

  33. Fair Use Misleading. by Kefaa · · Score: 3, Interesting

    I do believe in Copyrights (that alone may get this modded down to -255). However, if google lives up to the claim they will only provide snippets, how is that different than what any web site, quoting an author does. Is this web site in violation Dilbert -why you are wrong by quoting from Dilbert? It appears fair use to me.

    Where google may have issues, is if anyone figures out a way to reconstruct a book in total. They would give people like this a lot of ammunition against them. Of course, the library does not prevent me from scanning a book if I take it home, but that is something that will be missed in the hype around it. I am not sure how they could prevent this, but these are some pretty smart guys.

    In this case, the authors sound more like they want a cut of the click through, regardless of sales. What may be interesting in the end is book sellers would be the most likely to advertise on Google Print. A "click here to buy this book" type of link.

    1. Re:Fair Use Misleading. by Pofy · · Score: 1

      >However, if google lives up to the claim they will only provide snippets,
      >how is that different than what any web site, quoting an author does.

      As far as I see it, the problem is not what they make available or not. The problmewould be that they are copying books to start with. Most copyright laws does not allow it. I can't go arround and copy every book, music or movie I want and then just claim that since I don't make it available to anyone, it is OK. It is still copyright infringement. Making it available would be ANOTHER copyright infringement by the way.

    2. Re:Fair Use Misleading. by swillden · · Score: 2, Informative

      However, if google lives up to the claim they will only provide snippets

      Rather than guessing about what they'll do, go check out the Google Print beta site and see how it works. They also have a FAQ list that describes it pretty well.

      To summarize, though:

      • For public domain books, Google allows you to read the entire book on-line. It appears they don't put any ads on these pages.
      • For copyrighted books scanned from libraries, Google:
        1. Only provides a few lines of text around each search term.
        2. Will omit any titles the publisher/copyright owner does not want indexed. This is the "robots.txt" mechanism for google print, essentially.
        3. Does not put adds on the result pages.
      • For copyrighted books obtained through the publisher program, Google:
        1. Displays the complete page where the search terms were found.
        2. Allows you to see a few more pages if you're logged in, but doesn't allow you to read the whole book or even most of it.
        3. Allows you to see less if you're not logged in.
        4. Selects a set of pages from each work that will not be displayed at all, ensuring that it's impossible to retrieve the entire book.
        5. Puts related ads on the result pages, and shares the ad revenue with the publisher.
      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    3. Re:Fair Use Misleading. by blahplusplus · · Score: 1

      "Where google may have issues, is if anyone figures out a way to reconstruct a book in total. They would give people like this a lot of ammunition against them. Of course, the library does not prevent me from scanning a book if I take it home, but that is something that will be missed in the hype around it. I am not sure how they could prevent this, but these are some pretty smart guys." Books are already pirated en mass anyway with the advent of PDF and ebooks, book piracy right now is as booming as much as MP3's. IMO I dont believe book piracy is a big problem simply because it takes HOURS to actually read, comprehend and understand something, and many books people only need pieces of so it's not worth the money, and microtransactions is just not even worth it for books that people only need to use as references or look things up in. We have PUBLIC LIBRARIES that have almost every book you can think of on their shelves which you can borrow and rent for FREE. So I think google is in the OK here especially with regards to certain kinds of works - i.e. math text books, older literature, etc. IMO copyrights have their uses but they also hold humanity back for the sake of 'the man', this just exemplifies what is WRONG with societies that determine somethings value with money only under a for profit idealogy.

    4. Re:Fair Use Misleading. by blahplusplus · · Score: 1

      (replyin to the parent of the parent, the message before was accidentally submitted withotu formatting)

      "Where google may have issues, is if anyone figures out a way to reconstruct a book in total. They would give people like this a lot of ammunition against them. Of course, the library does not prevent me from scanning a book if I take it home, but that is something that will be missed in the hype around it. I am not sure how they could prevent this, but these are some pretty smart guys."

      Books are already pirated en mass anyway with the advent of PDF and ebooks, book piracy right now is as booming as much as MP3's. IMO I dont believe book piracy is a big problem simply because it takes HOURS to actually read, comprehend and understand something, and many books people only need pieces of so it's not worth the money, and microtransactions is just not even worth it for books that people only need to use as references or look things up in. We have PUBLIC LIBRARIES that have almost every book you can think of on their shelves which you can borrow and rent for FREE. So I think google is in the OK here especially with regards to certain kinds of works - i.e. math text books, older literature, etc.

      IMO copyrights have their uses but they also hold humanity back for the sake of 'the man', this just exemplifies what is WRONG with societies that determine somethings value with money only under a for profit idealogy.

    5. Re:Fair Use Misleading. by hopethisnickisnottak · · Score: 1

      Of course, the library does not prevent me from scanning a book if I take it home, but that is something that will be missed in the hype around it. I am not sure how they could prevent this.

      They can't prevent it if you do it one or twice or fifteen times. But if you scan all the books you can lay your hands on and then publicise the fact that you have done so, they'll sic their lawyers on you.

      Just because someone isn't preventing you from doing something doesn't mean it's legal or ethical.

      --
      -Shaunak
    6. Re:Fair Use Misleading. by Anonymous Coward · · Score: 0

      I do believe in Copyrights (that alone may get this modded down to -255).

      I really hate it when people preface their arguments with "I'm sure this will get modded down, but..." It's like when people say "I'll probably lose, but..." before playing a game so as to give themselves an excuse when they do lose.

      As a person who does not believe in "intellectual property" of any kind, I can tell you that Slashdot in general is far from anti-copyright. Most people here, as elsewhere, are not ideologues; they care less about priinciples than they do about things that affect themselves directly. Thus they want the DMCA to go, but are fine with intellectual property in general.

  34. Indexing public domain content by ericleasemorgan · · Score: 1

    I seriously don't understand what all the fuss is about. All that is happening is the creation of an index, a list of words associated with pointers to the words put into context. It is not like you can realistically download the entire book, and I sincerely believe the small numbers of people who will go through the book and download each image will be far smaller than the number of people who will buy the book. These people who are making so much noise would be better off spending their time making more of their content available digitally.

    The world is not coming to an end, just changing.

    --
    Eric Lease Morgan, Librarian
    University Libraries of Notre Dame

    1. Re:Indexing public domain content by Zacha · · Score: 1

      I think you're right. (Especially the point about how much damned effort would have to go in to downloading a book this way: it would be easier to do an hour or two's hard labour and spend your wages on the book in question. Especially if it's Lord of the Rings size.)

      But I think people are also right to be concerned. (Not prohibitive, mind. Just concerned.) It wouldn't be the first time something with this calibre of information in it was misused, in a way unintended by its creation. I'm thinking here of something like, say, the chilling effect on creative writing that could occur if people tried - SCO or RIAA like - fishing for 'plagarism' infringements of their work via Google Print. Sure, I think that's covered in the US by the RICO racketeering laws, or similar. But imagine the effect in the meantime, before the courts decide that. So I'm just saying concern is not all bad.

      Go change though, you understand.

    2. Re:Indexing public domain content by Pofy · · Score: 1

      >I seriously don't understand what all the fuss is about. All that is
      >happening is the creation of an index, a list of words associated with
      >pointers to the words put into context.

      No, there is a copy (or more) of the book created when they scan the books.

      >It is not like you can realistically download the entire book,

      The making available copies of the work would ALSO be a copyright infringment, but in most countries of the world, the creation of copies to start with would be infringement, especially if done for comercial purposes, irellevant of if you make it available or not.

  35. wow it hurts doesn't it by portwojc · · Score: 2, Insightful

    And so we find ourselves joining together to fight a $90 billion company bent on unilaterally changing copyright law to their benefit and in turn denying publishers and authors the rights granted to them by the U.S. Constitution.

    It sucks when another company comes along and try and change the rules. It's ok when you do it though huh?

    Let's see as I understand it. You look for certain phrases through searching books scanned in on google. It finds those books and displays a page or so of the text (probably less). So you know what you searching for is actually found. Then you can if you want, now see if you can keep up, buy the book.

    Wow the authors and publishers really loose out. I see what they mean. Why would you want to sell more books? Google must be stopped!

    Didn't amazon do something like this already? Well at least a few pages of the book.

    1. Re:wow it hurts doesn't it by Anonymous+Brave+Guy · · Score: 1
      Didn't amazon do something like this already? Well at least a few pages of the book.

      Something like it, yes, but only with the explicit agreement of the rights holders.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  36. How would authors make money? by HockeyPuck · · Score: 1

    So if I'm an author and I write a book/novel/whatever and instead of people buying the book, they download it and read it for free. This is different from the whole iTunes issue as atleast money is exchanged for goods. This model is more like the old napster or bittorrent....

    If i'm going to spend a couple of years writing a book in the hopes that it makes money, I'd hope people that read it pay for it.

    -HockeyPuck

    1. Re:How would authors make money? by Flaming+Babies · · Score: 1

      Is your book going to be in the library?
      How much profit do you see when someone reads it there?

      --
      The right to be heard does not automatically include the right to be taken seriously.
    2. Re:How would authors make money? by chiefthe · · Score: 1
      Try using Google Print.

      They are using a similar method to Amazon's 'search inside this book'...only a few relevent pages are displyed.

      This is similar to displaying an abstract or references from a journal paper for free, which many pay services that archive journals already do.

      chiefthe

      --
      This was a quote of Kurt Vonnegut that didn't fit.
    3. Re:How would authors make money? by Thanatopsis · · Score: 1

      Well if Google print worked that way that would be a problem. Of course it doesn't as you cannot "download an entire book." Your post like the article mischaracterizes Google Print.

    4. Re:How would authors make money? by Eustace+Tilley · · Score: 1

      You write a book. A library buys it. The library scans it using Google as its agent. The library adds it to their catalog. Someone looking for books like yours consults the catalog. The catalog shows your book's title and author and a snippet of text (about a sentence) and increments its per user view count so it won't show too many snippets to the same user (three is the limit). The person decides your book is probably worth owning and goes to a store and buys it. The person reads your book and decides to not return it and get his money back. You get paid by your publisher.

    5. Re:How would authors make money? by nilknarf · · Score: 1

      Why don't you go check out Baen's online library. They seem to be able to make money putting entire books on line for download at no charge.

  37. I'm more confused than ever by el_womble · · Score: 2, Insightful

    If I write a novel, and put on the floor in the street, somebody picks it up and reads it, they arn't violating copyright because they haven't create a copy.

    If I write the same novel and leave it on a public file server, if someone picks it up and reads it or saves it to disk they have made a copy of it (because thats how digital reading works) so they have violated copyright, unless I allow them the right to make one copy. So what happens the next time I open the file? Technically I'll have a copy on disk and a copy in memory - so I'll have two copies. Or worse, I decide I want to read it on a different computer, I copy it to the other computer, delete from the current computer and then read it on the other computer. As far as I'm concerned there is still only one copy, but in reality there are three: the copy marked for deletion on my harddrive, the copy on the other computers harddrive and the copy in memory. All this before we start getting our knickers in a twist about caching and registers!

    Digital data really stuggles with copyright, because even the most simple of actions require that the data be duplicated, and the reason we duplicate over transfer is because it's faster and safer. Once something is digitized good luck trying to keep control over its distribution.

    Googles actions here show a complete disregard for conventional copoyright. Taking a none digital medium and transcoding it to digital, then disitributing it on the web is not what fair use had in mind, and really should involve giving some money to the copyright holders, probably a lot of money.

    --
    Scared of flying, pointy things snce 1979!
    1. Re:I'm more confused than ever by ucblockhead · · Score: 2, Informative

      It is really quite simple. You are allowed to copy copyrighted works all you want. What is illegal is either selling or giving those copies to someone else. There is a "fair use" exception that lets you use short snippets for review purposes.

      That's it. "Copying" is not illegal. Never has been. You can take a book of your shelf, rip it apart, create 5000 copies. All perfectly legal as long as you don't give/sell those copies.

      --
      The cake is a pie
    2. Re:I'm more confused than ever by Anonymous Coward · · Score: 0

      google's system probably wouldn't let people copy the text, it would have some kind of protection, similar to Amazon.

    3. Re:I'm more confused than ever by Anonymous Coward · · Score: 0

      Taking a none digital medium and transcoding it to digital, then disitributing it on the web is not what fair use had in mind, and really should involve giving some money to the copyright holders, probably a lot of money.

      Right, I completely agree. Something along the lines of oh, buying every book they intend to scan.

    4. Re:I'm more confused than ever by oneandoneis2 · · Score: 1

      Taking a none digital medium and transcoding it to digital, then disitributing it on the web is not what fair use had in mind,

      The flaw in your argument is there: They won't be distributing the work on the web. You'll see no more on a Google Book Search than you do on a Google Web Search: A couple of lines that contain your search term(s).

      They want to make books searchable - not downloadable. If you want to read the book that Google finds, you'll still have to buy it or go to your local library.

      --
      So.. it has come to this
    5. Re:I'm more confused than ever by VaderPi · · Score: 1

      Even using a web browser involves copying. Does that mean that we should shut down the web, because it violates copyright law? Just because the implementation of the technology does not conform to the letter of the law does not mean that technology needs to be destroyed, it means that the law needs to be reexamined. It is more important for society to ensure that people have easy access to their culture than it is to ensure that the author is paid every time her content is read or copied.

    6. Re:I'm more confused than ever by Fortress · · Score: 1
      It is really quite simple. You are allowed to copy copyrighted works all you want. What is illegal is either selling or giving those copies to someone else. There is a "fair use" exception that lets you use short snippets for review purposes.

      That's it. "Copying" is not illegal. Never has been. You can take a book of your shelf, rip it apart, create 5000 copies. All perfectly legal as long as you don't give/sell those copies.

      Man, you really need to tell this to the MPAA and RIAA.

    7. Re:I'm more confused than ever by Anonymous Coward · · Score: 0

      I'd say mod parent up, but it's already a 4.

      FWIW, this is true of *ANY* copyrighted media, including CDs, Videos, books, etc.

      People just don't understand the Bern 1976 copyright laws. It's really easy.

      What's scary is that companies don't like this and they are taking away our rights slowly in the name of "new revenue stream". I shouldn't have to pay every time I "view", "read", or "listen" to something that I *BOUGHT*, and I shouldn't have to pay to transfer it to a different medium for my personal use.

      Google is doing nothing different than a library under the copyright laws. If you don't understand that, go to a copyright lawyer and ask, I'm sure they will tell you that it's quite acceptable.

    8. Re:I'm more confused than ever by JedaFlain · · Score: 0

      What if, instead of selling the copy you made, you put it up for free, with an advertisement next to it that generates revenue? Is there really a difference?

    9. Re:I'm more confused than ever by swillden · · Score: 5, Informative

      It is really quite simple. You are allowed to copy copyrighted works all you want. What is illegal is either selling or giving those copies to someone else. There is a "fair use" exception that lets you use short snippets for review purposes.

      That sounds very nice, but it's not true, at least in the US. According to section 106 of title 17 of the US Code:

      Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

      (1) to reproduce the copyrighted work in copies or phonorecords;

      Per the bolded bits, only the copyright owner has the legal right to make copies. Now, there are a whole bunch of exceptions to that, including Fair Use (section 107), reproduction by libraries (section 108), and a bunch of others.

      You can take a book of your shelf, rip it apart, create 5000 copies. All perfectly legal as long as you don't give/sell those copies.

      No, I'm pretty sure it is illegal for you to make those copies. Of course, if you don't give them away or sell them the publisher (a) won't have any reason to sue you for it and (b) wouldn't be able to get anything from you if they did sue you, because you made no profit. Historically, copyright infringement has been a civil issue, and although your copies infringe the copyrights, there is no loss over which the copyright holder can sue.

      As of a few years ago, copyright infringement became a criminal offense, and the 5000 copies you mention would seem to meet the requirements for the criminal statute (section 506). Again, though, if you didn't do anything with the copies other than store them in your basement, there's no way for the authorities to find out you've broken the law, and really no reason for them to bother even if they do find out.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    10. Re:I'm more confused than ever by 1ucius · · Score: 1
      "Copying" is not illegal. Never has been. You can take a book of your shelf, rip it apart, create 5000 copies. All perfectly legal as long as you don't give/sell those copies.

      I think this statement is a bit broad. Copyright law gives authors a bundle of rights, including the right to authorize reproductions and the right to distribute copies. These rights are separable - having authorization to do one does not imply you can do the other (as an aside, this is one of the reasons why online music catelogues suck. The RIAA doesn't own the 'online distribution' copyright). Personal copies often/usually qualify as fair use, but not always. There is a famous case involving a major corporation bought one copy of an expensive technical journal, made a few dozen photocopies, then distributed those copies its research staff. The courts held that this was not a fair use, even though the copies were not distributed externally.

    11. Re:I'm more confused than ever by orkysoft · · Score: 1

      The real difference here is that you can't read. GP said selling or giving away the copies was illegal, so your example falls under giving away (with financial side-effect), hence it's illegal.

      --

      I suffer from attention surplus disorder.
    12. Re:I'm more confused than ever by Cyn · · Score: 1

      Distributing it in any way is not legal, as that right has not been granted to you.

      So, no - there's no difference, either way you're breaking the law.

      --
      cyn, free software and *nix operating systems enthusiast.
    13. Re:I'm more confused than ever by Anonymous Coward · · Score: 0

      The problem here is that congress, which is owned by folks from oranizations like the MPAA and RIAA, can't fight back.
      Fair use is never actually enacted by citizens because it costs too much. The legal battles that result from "fair use" are huge. But Google can afford the legal fees, and will win, because it is fair use.
      This has those who would (and actually have) rewrite copy law running scared.
      These members of congress forget that in 1998 they doubled the length of copyright, thereby depriving the public of materials destined for public consumption.
      Far from hampering creativity Google is driving home a message. Fair use is fair use. These laws need to work for the people.
      I highly suggest a read of Lawrence Lessig's book, free culture. He explains the history and foundations of copy-law and exposes todays laws for the sham they are.

    14. Re:I'm more confused than ever by PMuse · · Score: 1

      Would people please stop modding up happy-making but completely false disinformation like the grandparent? The immediate parent has it right and provides his citations (which I shall not repeat). The grandparent, in an attempt to oversimplify, leads readers astray.

      We have this copyright discussion every few _days_ here on /. Are we ever going to get it right? I'm not surprised that there should be some one as confused as the grandparent, but I am surprised that the collective wisdom (i.e. moderation) of the group also remains so confused.

      Yeeesh! Fer'gimminnees!

      --
      "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
    15. Re:I'm more confused than ever by Anonymous Coward · · Score: 0

      It is not a violation of U.S. copyright law for me to photocopy an entire book I own for my own personal use.

      It is a violation of copyright law for me to photocopy an entire book that you own for my personal use (without the copyright holder's permission). Likewise, it's illegal for you to photocopy one of your books and give it to me.

      So under current copyright law, it seems clear that what Google and the libraries are doing is one of these two illegal cases. Just because Google is doing it loudly and publicly does not suddenly put the legal burden for getting permission on the world's copyright holders.

      We could overhaul copyright law, but maybe there's a legal way to do this. The simplest way for Google to avoid any copyright issues would be for them to buy a copy of each book that is in question. Once they own it, they can make their own copy and they can distribute short excerpts from the books under "fair use".

    16. Re:I'm more confused than ever by ran-o-matic · · Score: 1
      People just don't understand the Bern 1976 copyright laws. It's really easy.
      This AC must not have actually read the Bern Convention.
      Article 9 (1) Authors of literary and artistic works protected by this Convention shall have the exclusive right of authorizing the reproduction of these works, in any manner or form. (2) It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author. (3) Any sound or visual recording shall be considered as a reproduction for the purposes of this Convention.
      Looks easy to me. You have NO right to reproduce someone elses work.
    17. Re:I'm more confused than ever by Anonymous Coward · · Score: 0

      Wishing for this to be correct will not make it so. It is against US law to reproduce and copyrighted work.

    18. Re:I'm more confused than ever by 99BottlesOfBeerInMyF · · Score: 1

      I think you have the right of it. A lot of the confusion comes from the fact that up until recently (the 70s I believe) non-commercial copying was permitted.

    19. Re:I'm more confused than ever by swillden · · Score: 1

      A lot of the confusion comes from the fact that up until recently (the 70s I believe) non-commercial copying was permitted.

      I don't think it was explicitly permitted. As I understand it, the situation was simply that copyright infringement was a purely civil matter. In a court case, the plaintiff has to not only show that there is a problem, but they also have to suggest some way that the court can fix the problem. In the case of copyright infringement, the plaintiff can say to the court that the court should award the defendant's profits as damages, as well as ordering the defendant to stop infringing. If the defendant didn't make any money, though, the only thing the court could do is order the defendant to stop infringing. Obviously, it does not make sense to incur the costs of a lawsuit in order to make one kid stop sharing tapes with his friends. Theoretically, it might be worth going to court to stop a large-scale non-commercial infringer, but large-scale non-commercial infringement was impractical prior to the Internet.

      These days, of course, copyright infringement can be criminal, which has changed the situation dramatically. But I don't believe non-commercial copying was ever generally legal under US copyright law.

      Then again, IANAL, nor am I a legal historian.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    20. Re:I'm more confused than ever by 99BottlesOfBeerInMyF · · Score: 1

      Neither am I a lawyer or legal historian. From my reading I get the impression that non-commercial copying was always considered fair use in court cases until the 1976 copyright act clarified the fair-use provisions of U.S. copyright law, at which point this was changed to the effect of the copying on the marketplace and given less weight. There may have been exceptions, but if so I have not read any of them.

    21. Re:I'm more confused than ever by Anonymous Coward · · Score: 0

      No. You are not allowed to copy (photocopy) any copyrighted work.
      It is supposed to be used by everyone else in the form you
      originally bought it. If you go to FedEx*Kinko's you will see
      that there is a notice asking you not to copy any book or copyrighted
      material.

  38. Re:Washington Times? That Moonie piece of crap? by Anonymous Coward · · Score: 1, Funny

    Let me guess, you would prefer we read left-wing tabloids like the NYT or Washington Post, correct?

    Not that I agree with the article either, but the left-leaning slashbots' response to the source is entirely predictable.

  39. dear god, please don't quote the Washington Times by geekpuppySEA · · Score: 1
    The Washington Times is a famously polemic newspaper that's owned by and is something of a mouthpiece for the Reverend Sun Myung Moon - that's right, the crackpot Moonies.

    They're a cult, guys. And not the kind that is really really into a science fiction show. Should they be a source we listen to for Google criticism?

    --
    Intelligent Design: because MATH is HARD.
  40. If they're right, Google is building my dream by cyclop · · Score: 1

    Our laws say if you wish to copy someone's work, you must get their permission. Google wants to trash that.

    That's what I want to trash,too.

    Google envisions a world in which all content is free

    That's exactly the world in which I want to live.

    These lawsuits are needed to halt theft of intellectual property. To see it any other way is intellectually dishonest.

    I believe in freedom of access and distribution of all information content for all mankind. These lawsuits are theft of intellectual works that belongs to all mankind, and they belong to all mankind for the simple fact of being intellectual works.

    --
    -- Patent no.123456: A way to personalize /. comments with a sig attached to the end.
    1. Re:If they're right, Google is building my dream by Zacha · · Score: 1

      These lawsuits are theft of intellectual works that belongs to all mankind, and they belong to all mankind for the simple fact of being intellectual works.

      Access to these works may belong to all humankind. The works belong to their authors. They made them. Death of the Author can bite my shiny metal ass.

  41. Re:To the rag that is the Wash. Times: Let them sc by k98sven · · Score: 3, Informative

    1. The Washington Times != The Washington Post. One is a bastion of DC journalism. The other is only slightly better than a tabloid.

    Uh, I wouldn't even say the Washington Times is that good even.

    It was founded by the Moonies, which is IMHO, a cult and certainly not an uncontroversial organization by any other standards.

    Add to that the fact that it was explicitly created by Moon to create an 'alternative' to the Post that was more in line with his own opinions. Which is just a wonderful premise to start a quality newspaper on. Not.

    (Not that there's anything wrong with op-eds. But if it's the raison d'etre of your paper, I wouldn't call it a 'newspaper'.)

    Ok, but enough shooting the messenger.. The actual op-ed piece speaks for itself. It's a load of baloney. Filled with a nonsense interpretation of copyright law, tons of statements and allegations without any arguments or reasoning to back them up.

    And more than a few straw-men like: "Our laws say if you wish to copy someone's work, you must get their permission. Google wants to trash that."

    Google wants to abolish copyright laws. Riiight. (sarcasm)

  42. NaNoWriMo Creativity by nedwidek · · Score: 1
    ...it is also crushing creativity....

    As a NaNoWriMo participant, I had wondered where my creativity had gone last night. Damn you, Google! Now I'll never make it beyond 50,000 words.

    --
    Post anonymously - For when your opinion embarrasses even you!
    1. Re:NaNoWriMo Creativity by Goldarn · · Score: 1

      You know, my word count went down last night, too. Hmmmm.

      Now how will my hero ever meet the aliens and fight the evil robots? Earth is doomed, and it's all because of Google!

  43. Re:To the rag that is the Wash. Times: Let them sc by Zacha · · Score: 1

    Re: 1

    The Washington Times is a tabloid paper, sure. But this is the exactly same sort of manner that people use to dismiss the information from Wikipedia out of hand. Call the authors stupid. Not the publication. Even if it's Fox News.

  44. who? by Anonymous Coward · · Score: 0

    >>You're probably reading the byline above and wondering, "What could these two, from opposite
    >> sides of the aisle in Congress, possibly have in common with each other?"

    nope. wondering who the hell these 2 guys are. never heard of them.
    do they really think we all know their names?

  45. Both Sides.... by CodeShark · · Score: 1
    There are two sides to this coin:

    As an author, I like the idea of a company as massive as Google has become in essence acting as a free publicist, in fact in some ways I can see how a whole new publisher-free method of getting into print could come about because of it, for example, if I print one copy of a book and donate it to one of those university libraries.

    As an open source advocate who is opposed to any single corporate entity becoming a "sole source" of online content, etc., I don't like the idea very much at all. It raises the possiblility of that corporate entity essentially controlling access or profiting from my work with no derivative income to me, the creator of the work.

    However, my thoughts (written in 2005 with a 99 year copyright period in the US of A) are irrelevant for what is presumably a major part of this project: there are many many books out of copyright that have no legal encumberance and Google is entitled to do what they wish with these books whether we like it or not.

    --
    ...Open Source isn't the only answer -- but it's almost always a better value than the alternatives...
  46. Melinda Gates on Board of Directors by billybob2 · · Score: 0, Troll

    With Melinda Gates (Bill Gate's wife) on the Washinton Post's Board of Directors, I'm not at all suprised by this attack on Google.

    1. Re:Melinda Gates on Board of Directors by Anonymous Coward · · Score: 0

      This article was from the WASHINGTON TIMES AKA the paper run by MOONIES.

      How embarassing for you!

    2. Re:Melinda Gates on Board of Directors by jxs2151 · · Score: 1, Flamebait
      Good try at a paranoid swipe dipshit but this is the Times not the Post.

      Go back and try again...maybe you could say something like: "I am not surprised at this coming from the conservative Washington Times" ... except the authors are Pat Schroeder and Bob Barr - left and right.

      Your reflexive defense of ./'s favorite search engine company would be pathetic if we weren't all aware of the Slashbot effect.

    3. Re:Melinda Gates on Board of Directors by spisska · · Score: 1, Interesting

      Excuse me Mr. Dumbass, this op-ed piece is in the Washington Times, not the Post.

      A board of directors at a newspaper generally has very little to do with editorial content.

      This is not the opinion of the newspaper, but an op-ed piece, representing the opinions of the article's authors.

      Conspiracy theories aside, the Washington Times is a pretty substandard paper -- they print more 'news' stories than any legit paper I've ever seen that are based on single, anonymous sources -- stories which are transparent plants that fall apart days (or less) after publication. This is the paper that 'broke' the story that all of Iraq's secret weapons were smuggled out of the country by the Russians after the US invasion. Its sole source for that one (IIRC) was an 'anonymous White House official' -- perhaps the one who was just indicted.

      Besides that, the Wash Times is an organ of the Moonies. [Note: the information on the preceeding link is mostly correct, except they describe the Times as a 'highly respected newspaper'. It isn't.]

    4. Re:Melinda Gates on Board of Directors by aichpvee · · Score: 1

      What has Pat Schroeder done for me lately (ever)? At least with Bob Barr I know that he's "just gooder".

      --
      The Farewell Tour II
    5. Re:Melinda Gates on Board of Directors by Anonymous Coward · · Score: 0

      Pat Schroeder has been a paid lobbyist of the publishing industry ever since she left Congress.

    6. Re:Melinda Gates on Board of Directors by Anonymous Coward · · Score: 0

      And her taking money from the "publishing industry" is somehow different than young anarchists being financed by Soros... At least Pat has the honesty to be above-board about it.

    7. Re:Melinda Gates on Board of Directors by Anonymous Coward · · Score: 0

      How pathetic is Slashdot that a totally incorrect comment gets modded "Interesting"?

  47. What the f*** is wrong with these people? by raddan · · Score: 2, Insightful
    How aren't they able to see that allowing all published books to be searched online-- searched but not read -- will mean MORE REVENUE for publishers. This solves the "don't judge a book by it's cover" problem. The success of publishers like O'Reilly, who put huge excerpts of books on the web, and retailers like Amazon, who provide snippets for customers to read through, shows that providing a way of looking before you buy brings in MORE CUSTOMERS. And do we really need to point out... Google says that you won't be able to read the whole fucking book online!

    If we'd had a "Napster of books" that blew the doors off of print like it did for music, publishers would be beyond this now. I know the RIAA/MPAA take the stance that P2P has had a negative effect on the music/movies biz, but with the massive success of the iPod/iTMS/[insert favorite online music store] does anyone really beleive that anymore?

    1. Re:What the f*** is wrong with these people? by AndreyF · · Score: 1

      Google should have charged publishers tens of thousands of dollars to allow their books to be indexed and put in the database. Publishers would be lining up tripping over each other to be included.

    2. Re:What the f*** is wrong with these people? by raddan · · Score: 1

      You're right, totally. Too bad they didn't think of that. What Google is doing is essentially free advertising.

  48. The Law by countach · · Score: 1

    A lot of waffly claims that "Google is changing the law".

    No they're not. They're testing the law in a whole new field of endeavour. The courts will decide what the law is, and clearly neither side can claim a cut and dried legal watertight case till the court rules. Neither side can claim the other is "changing the law". The field is too new. Personally, I hope Google wins. We shall see.

    1. Re:The Law by SlashSquatch · · Score: 1
      Lawyers drool at the thought of doing something innovative, but we all know they are incapable of that. They fall all over themselves trying to make their name in a landmark case. And if they have a failed run at a presidency that makes them all the more eager.

      Politicians and authors both want you to take sides on issues so they can sell their worthless crap. Politicians polarize. A polarized medium is a tool. Don't get used. Think.

      "When will you humans learn that your feelings as you call them can stand in the way of big cash payoffs?"

      --
      Autonomous Retard -- Is your camp safe? UnsafeCamp.com
  49. Two idiots by Anonymous Coward · · Score: 0

    Frankly, these two authors are stupid. They can't see straight. Google is not offering the entire works and violating copyright. They are doing what libraries currently do, but do a crappy job. Libraries have been trying to do this, but most college libraries do not have the expertise or resources. Google does have the resources and know-how to do it right. These two guys should wake up and see their arguments are full of crap.

  50. Pat Schroeder is a paid shill by frankie · · Score: 4, Informative

    She is not on the "opposing side" of anything except common decency. Pat sold her soul to the publishing industry years ago. She's the public face of the anti-library movement that would love to eliminate print ownership entirely and switch to a pay-per-read model.

    Claiming that Pat Schroeder still holds true to any of her former progressive Democratic views is like saying Arianna Huffington is still a Republican.

  51. Conflict of interest by AndreyF · · Score: 1

    Patricia Scott Schroeder

    Uh, maybe the part about her being the President and Chief Executive Officer of the Association of American Publishers is creeping in on her opinion of this... Google really needs to get a better PR firm. :(

  52. For Profit Part of the Problem by epicmatt · · Score: 1

    The authors, while missing the point, do make a very good point. When displaying the work (what portion of the work is still in question) they also intend to sell ads based on the context of the search for the copyrighted work. So in essence, they are making a profit off of a showing of material they do not own the copyright too. What are the odds of Google then directing a portion of that profit to the copyright owners? Perhaps it would be better if Google bought a copy of every book it intends to scan. Therefore, acting in more of a library capacity?

    1. Re:For Profit Part of the Problem by Agent0013 · · Score: 1

      they also intend to sell ads based on the context of the search for the copyrighted work. So in essence, they are making a profit off of a showing of material they do not own the copyright too.

      What about a web site that does book review and has a few quotes from the book on the site? Are they not allowed to display ads on their site either? Isn't that pretty much the same thing? You can follow a link to buy the book from the Google page, can you do the same from all the book review pages?

      --

      -- ssoorrrryy,, dduupplleexx sswwiittcchh oonn.. -Quote found on actual fortune cookie.
    2. Re:For Profit Part of the Problem by Agent0013 · · Score: 1

      they also intend to sell ads based on the context of the search for the copyrighted work. So in essence, they are making a profit off of a showing of material they do not own the copyright too.

      What about a web site that does book review and has a few quotes from the book on the site. Are they not allowed to display ads on their site either? Isn't that pretty much the same thing. You can follow a link to buy the book from the Google page, can you do the same from all the book review pages?

      --

      -- ssoorrrryy,, dduupplleexx sswwiittcchh oonn.. -Quote found on actual fortune cookie.
  53. print.google.com by GoodOmens · · Score: 1

    Its online .... print.google.com

    1. Re:print.google.com by PHPfanboy · · Score: 1

      And it's absolutely amazing. What an amazing research tool.
      Anyone who is against this really does not know what they are talking about. Until they have seen this, the whole argument is hypothetical and I can guarantee that the old farts in the article have not seen this.

      Interesting that the books publishing industry has learned from mistakes of the music industry and is trying to put the authors themselves at the front of the anti campaign.

      --
      29 mpg. YMMV.
  54. preserving the heritage trumps copyright by GerardM · · Score: 2, Insightful

    As the publishing companies have an abysmal record of preserving the heritage; they leave it to libraries. History is full of important libraries that have burned with all its content.

    The argument that these people use is ONLY about copyright and how they THINK they might be worse off in this deal. Their reasoning is not at all why this is a good thing for the society and they do not even consider how it will benefit themselves.

    It is a well known but little understood fact that people who go to libraries are the ones most likely to buy books. It is as little understood that file sharers are the ones most likely to buy records.. You do not need to stretch your imagination to understand that when books are known courtesy of this program, that people will be interested in copies these often out of print books.

    Please wake up, you are robbing yourself when you spout this nonsence.

    Thanks,
          GerardM

  55. Re:To the rag that is the Wash. Times: Let them sc by Foobar+of+Borg · · Score: 1
    Uh, I wouldn't even say the Washington Times is that good even.

    It was founded by the Moonies, which is IMHO, a cult and certainly not an uncontroversial organization by any other standards.

    Let's not forget that "Rev." Moon recently had himself crowned the prince of peace in an elobarate self-congratulatory ceremony. Someone who does that is probably not out to establish an objective newspaper.

    The actual op-ed piece speaks for itself. It's a load of baloney. Filled with a nonsense interpretation of copyright law, tons of statements and allegations without any arguments or reasoning to back them up.

    So basically, the Washington Times is a lot like slashdot...

  56. Re:To the rag that is the Wash. Times: Let them sc by Anonymous Coward · · Score: 0

    Sure, if by "bastion of journalism" you mean "consistently expresses a left-of-center viewpoint".

    Or maybe you prefer that other paragon of journalistic virtue, the NYT, which falsifies stories and believes its writers have some amazing extra-constitutional protection against being served a subpoena?

  57. Quoting Text? by herriojr · · Score: 1

    Isn't it legal to quote text from a book or article as long as you provide the source? I believe it is, and I'm pretty damn sure the point of a search engine is to provide a source (not the technical interpretation). But let's face it, Google WILL provide the link to the source. If they don't, then it is illegal.

    Is there something I'm not taking into consideration here?

  58. Dear Editors, by Anonymous Coward · · Score: 0

    There are some factual errors in your story "Reigning In Google," to wit:

    1) "nor has Google defined what a 'snippet' is"

    From Google Print's help page, I found out (within seconds) that a snippet ranges from a few sentences to a few pages. They have not said how they will determine where in the range any given book will be, but I can guess (as could your two authors have guessed) that it will be based on the size of the book itself.

    2) "Our laws say if you wish to copy someone's work, you must get their permission."

    My understanding was that our laws say "if you want to rebroadcast or republish". Copying (without republishing) is fine. And republishing snippets usually falls under Fair Use, which is also fine.

    Since the entire rest of the article is built on these two factual errors, that's all I can really say about that.

    Thank you for your time,
    -anon

    1. Re:Dear Editors, by Pofy · · Score: 2, Funny

      >Copying (without republishing) is fine.

      Cool, you have just made a discovery that no one else has ever done. I will start copying like crazy (as long as I don't redistribute those copies I am according to you not infringing on copyright).

      Now, the question is, what does the part in most copyright laws that says COPYING is an exclusive right to the copyright holder in most cases mean?

  59. Pat Schroeder and Bob Barr? by Vengeance · · Score: 2, Interesting

    Dumb and Dumber, as far as I'm concerned. Did you ever see her on "Jeopardy", when she failed to come up with basic answers about the US government? Did you ever wonder why he so strongly opposed the will of the people that he wrote (and got passed) legislation to circumvent even PLACING a referendum on legalizing marijuana on the ballot? I don't want to hear or see what these two have to say, it simply brings down the general level of human discourse.

    Two wastes of horseflesh, they are.

    --
    It was a joke! When you give me that look it was a joke.
  60. History Repeats Itself by Funakoshi · · Score: 1

    A few years back, there was this group of artists (we'll call them musicians) who got really upset because their stuff was being made available on this thing called the Internet. Since these artists were pure, land-loving, do-gooders (translation: hippies), they didn't see the opportunity that lay before them. Instead of embracing this new technology and using to increase album sales (of which they make little money off of), increase merchandise sales (of which they can make alot of money off of - see Kiss for an example), and increase their fan base (and thus ticket sales) by expanding their exposure exponentially in a way that was previously impossible, they sat around and complained.
    Now, we have a new set of artists who are again failing to see the opportunity presented to them. If they were smart, they would work with Google, to develop strategies to increase sales through this new medium.
    Just another group of people that do not understand the true marketing power of the Internet and what can be achieved by putting information at the finger tips of the general public.

  61. Stifling creativity? by Anonymous Coward · · Score: 0

    Monetary gain has never been, and will never be, the primary driver of creativity...

    Which came first, the chicken or the egg? :)

  62. google's indexing by ripcrd · · Score: 1

    Heaven forbid that I ever be able to find a book that I want. Anyone ever hear a line from a book and can't remember the title? Anybody else have trouble finding stuff thru the library's search system? My hand was raised twice.

    Sometimes the search system is so clunky that it is nearly unuseable, that happened to me in college while doing research papers. I had to have the help of a librarian many times to find usefull results. I learned a lot about boolean back then.

    --
    --Somewhere there is a village missing an idiot.
  63. Voting Records / Philosophy by cwolfsheep · · Score: 2, Informative


    Bob Barr: very conservative Republican
    Voting Record on Issues 2000

    Pat Schroeder: Democrat; pro-copyright, but also pro-access to information
    http://www.iastate.edu/~cccatt/p%20schroeder.html" >Women's studies article
    Wikipedia

    --

    Life is irony, and nothing ever goes as planned.
    1. Re:Voting Records / Philosophy by VacaBoi · · Score: 1

      Barr is normally considered a libertarian (his views on abortion aside).

      Exhibit A: When he was in congress, he fought against the NSA's Echelon program -- a very invasive spy program, where virtually all phone calls are monitored (google it).

      Exhibit B: After a bizarre primary loss (he ran against another incumbent Republican), he worked for the ACLU. Yes -- those arch-conservatives at the ACLU.

      So, I don't believe he was just another partisan hack or another Washington sellout. Even though I disagree with him here, I think it's because he (and Pat Schroeder) truly don't understand what's going on here.

    2. Re:Voting Records / Philosophy by Anonymous Coward · · Score: 0

      No, I think they do understand it, but are just doing their jobs. Schroeder has been a lobbyist for various publisher's groups for years. Dunno Barr's history, but it wouldn't surprise me if he was also a publisher's lobbyist - lobbying is what defeated Congresscritters do.

  64. Oh, fuck off everyone by mindpixel · · Score: 1, Troll

    Google is the best thing to happen to humanity since language.

    1. Re:Oh, fuck off everyone by coolGuyZak · · Score: 0, Offtopic

      tog taht thgir yddub

  65. Books or congressmen NOT FOR RESALE by PrimeNumber · · Score: 1

    Pat Schroeder is president of the Association of American Publishers and a former member of Congress from Colorado. Bob Barr, a former member of the House Judiciary Committee, is an author, newspaper columnist and analyst for CNN.
     
    I guess the warranty on congressmen lasts as long as copyright does*.
     
    * See List of countries' copyright length - USA

  66. Caching is "morally dubious"? by dmoen · · Score: 1
    Google caching is morally dubious.

    That's silly. Google caching is, morally, no different from anybody else's caching. The HTTP protocol has been designed, since early days, to support caching. Caching is a good thing, generally, because it speeds up access to web pages, decreases network congestion, and mitigates the "slashdot effect". There are a huge number of caches deployed across the internet, and you may be reading this content via a cache without even knowing it. Lots of ISPs deploy HTTP caches, and so do many businesses, colleges and universities.

    Your "moral" argument against Google caching is that it allows people access to content without going through the content provider's access mechanisms. That's the thing that deprives the author of value. But this argument also applies to HTTP protocol caching. My counter-argument is that caching is an inherent part of the design of the WWW, and it provides a social benefit by allowing the web to operate faster and more efficiently.

    If you operate a web site, you should know that your content is subject to caching, because that's how the web works. If you don't want your content to be cached, you can opt out. For example, you can use <META HTTP-EQUIV="PRAGMA" CONTENT="NO-CACHE"> to prevent HTTP caching, and you can use <META NAME="ROBOTS" CONTENT="NOARCHIVE"> to prevent Google caching.

    Doug Moen

    --
    I have written a truly remarkable program which this sig is too small to contain.
  67. Voice vote. by Grendel+Drago · · Score: 2, Interesting

    The Sonny Bono Copyright Term Extension Act was passed by a voice vote in both houses of Congress. Pusillanimous toads, the lot of them. So no, you don't know how your Congresscritter voted.

    --
    Laws do not persuade just because they threaten. --Seneca
    1. Re:Voice vote. by F_Scentura · · Score: 2, Informative

      And you can certainly thank Bono's Church of Scientology for that Act.

    2. Re:Voice vote. by That's+Unpossible! · · Score: 1

      Dude, I just saw U2 last night, and I can say without a doubt that Bono, not to mention The Edge, are definitely Irish Catholic.

      However, Larry Mullen, Jr. does have shift eyes, so he may indeed be a Scientologist.

      --
      Ironically, the word ironically is often used incorrectly.
  68. Profitability and Creative Works by weemattisnot · · Score: 2, Insightful
    To all the people that beleive that free content "crushes" creativity:

    Creativity is more obviously crushed by the idea that you should use your creativity to make money. Some examples:

    • How creative are Hollywood films? How much more creative are independant films that do not exist solely to make a profit?
    • How many local bands can't get radio time / aren't heard because of the MEGABANDS that have had millions of dollars put into them (so that a huge profit can be made off of them). Now, if you think "but local bands all suck!" Then (a) you're wrong, and (b) you've just made my point by being brainwashed by the moneymakers.
    • How many bands "make it" and are told how / forced to make their music more marketable? This is a pretty direct example of destruction of creativity.
    • How many mom and pop restaurants are put out of business by chains? (Yes, cooking is a form of creativity.)
    • How many playwrights and authors are unread / unknown by their local community -- because they're all watching the latest blockbuster or reading the current Top-Seller?

    Creativity isn't quashed by making content free. The potential for making money from being creative is reduced by making content free. There are millions of people who enjoy being creative for creativity's sake and not for money-making. Look at all the bands that have supported free downloading of their MP3s etc.

    Huge big budget creative projects (e.g. War of the Worlds) couldn't afford to be produced with out profiting from ticket-sales etc....but free content doesn't prevent them from doing so -- it just reduces their potential profit (from DVD sales etc.).

    So maybe, if the potential for profit from creative-works were reduced (e.g. by making content more free), then the Big Companies would butt-out a little bit and let people be creative for creativity's sake!

    1. Re:Profitability and Creative Works by That's+Unpossible! · · Score: 1

      This is, without a doubt, the lamest comment I've read in a while.

      Many of the greatest works of art of ALL TIME were created FOR MONEY by some of the most RENOWNED ARTISTS OF ALL TIME. This sort of destroys your idea that money somehow makes people less creative.

      I'm not even going to bother with the tired argument of Hollywood vs. Independent movie creativity. I've seen great and shit movies from both sources.

      Your argument about bands makes no sense. You are complaining that money somehow prevents artists from creating, yet next you're telling us about the great small bands no one has heard of. Aren't those bands still being creative? Who cares if they aren't getting rich off it? That's the pop band syndrome.

      How many mom and pop restaurants are put out of business by chain restaurants? I don't really understand the point of the argument, but I can tell you non-chain restaurants hold their own just fine. The most acclaimed restaurants around the world are 9 times out of 10, NOT chain restaurants. What more proof do you need there? Mom and pops go out of business when they suck at doing business.

      --
      Ironically, the word ironically is often used incorrectly.
  69. Google VS Libraries by IgnorantNihilist · · Score: 1

    If I searched Google for a phrase or paragragh in a book, for research or a school assignment wouldn't that be similar to me going to the library? I can go to the library, search for the book, search for a specific passage or section and read it all free of charge, I don't even have to check out the book. Google (to me at least) just seems like it's making this processes easier and a lot more convenient. I can just get online, search and it's there, instead of getting in my car, driving for 30 minutes, getting to the library, and hoping they even have a copy in stock, writing down the information and driving back 30 minutes. Plus that wastes gas, and isn't the media saying try to be conservative on your gas? (I know that last sentance is slightly off-topic, but still slightly relevent)

  70. Re:To the rag that is the Wash. Times: Let them sc by Anonymous Coward · · Score: 0

    Sure, if by "bastion of journalism" you mean "consistently expresses a left-of-center viewpoint".

    Richard? Is that you?!

  71. Google and Monopolies by Anonymous Coward · · Score: 0

    It seems people start to realize the hidden price tags of monopolies like Walmart and Microsoft. Why not for Google? Is it really to early to realize the risks of Google's market dominance? Is Google's PR motto "do no evil" still unquestioned? I think it is time to look for alternatives beyond Google that can generate a sustainable development and without the threads of monopolies. ... Google Print and the Society

  72. Re:To the rag that is the Wash. Times: Let them sc by Anonymous Coward · · Score: 0

    "Which is just a wonderful premise to start a quality newspaper on. Not."

    Wow!!! I havn't heard someone use the "not" thing in a long while! Thanks, that brought back memories.

    "Google wants to abolish copyright laws. Riiight. (sarcasm)"

    I think anyone who couldn't figure out that was sarcasm should be lobotomized.

  73. So then by Anonymous Coward · · Score: 0

    it should be perfectly legal for me to go to my local library and begin scanning all of their books to store on my computer! Or, go to their media section and rent DVDs, CDs, etc, and copy all of those to my computer as well. I think Google has no right to doing this as they do not own the content.

  74. You are confusing two issues by Darius+Jedburgh · · Score: 5, Insightful
    There are two issues here: whether or not Google is breaching fair use, and whether or not they are enabling Google users to breach fair use. By providing only snippets Google are encouraging end users to make fair use of texts. But the question of whether or not Google is breaching copyright does not hinge on what their end users do. The fact is: in order to make available snippets to end users they hold entire copies of the original works. So let me spell this out clearly: Google hold copies of original works. They use these entire copies to serve up snippets to individual users. By serving up snippets they are able to make sales of advertising. Therefore Google are using entire copies of copyrighted material for commercial benefit. This is so far from fair use it's not debatable. So Google are clearly in breach of copyright even though the end users aren't. I can't spell it out more simply than that. The only reason Google have survived this far is that they have encouraged confusion, in the eyes of onlookers, between the notion of fair use by the end user and the notion of fair use by themselves.

    I'll spell this out even more clearly. I have written book X recently. They have an entire copy of my book sitting on their servers. (It may in fact be an index and hence a derivative work from which the complete original can be constructed, but that is still subject to copyright.) They are using their complete copy of X to make profit. I don't see a penny of this except maybe occasionally someone will buy my book X because Google mentioned it. And there's certain no law that compels me to accept free advertising in recompense for abuse of my copyright.

    1. Re:You are confusing two issues by lgw · · Score: 1

      A clear and compelling argument that copyright law must be changed in this case.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    2. Re:You are confusing two issues by WindBourne · · Score: 2, Insightful
      By serving up snippets they are able to make sales of advertising. Therefore Google are using entire copies of copyrighted material for commercial benefit. This is so far from fair use it's not debatable.

      A used book stores pays the owner of a book a .25, places it on its shelf and then sells it for $2.00.

      A coffe shop owner sees the book, buys it, and leaves it hanging around their shop for customers to read.

      These 2 examples are no different. Yes, I am aware that some book sellers are pushing the idea that they should get money from the 2'nd sale (they should not), and that is why I showed the second example.

      In fact, the place that I have seen Google's book search in use was in tech book stores in Denver. They are using it to help sell more books (I bought 3 more books than I wanted; damn search). So clearly, Google is NOT abusing copyright.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    3. Re:You are confusing two issues by AvitarX · · Score: 1

      They are applying the same rules as with the web.

      deafault to caching/indexing the whole work and providing snippits.

      at publishers option delisting said book.

      I do agree that it is most likly a copyright violaton (full copy used for prophit), but it is still no different than their web indexing. And just as they listen to robots.txt they will listen to the author.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    4. Re:You are confusing two issues by CmdrGravy · · Score: 1

      So far as I am aware you are allowed to make copies of copyrighted works if you like. You get into trouble if you decide to distribute these works to other people.

      On the face of it Google is then only making snippets of the work available to the public and not distributing the whole work ( which is illegal ).

      Obviously this is a somewhat grey and very arguable area but it's not as cut and dried as you have made it out to be.

    5. Re:You are confusing two issues by MeltUp · · Score: 1
      They have an entire copy of my book sitting on their servers. (It may in fact be an index and hence a derivative work from which the complete original can be constructed, but that is still subject to copyright.)
      This is a very interesting point. It might be technically possible to process/store the data in such a fashion that it ISN'T legally considered a derivative work. I'm guessing that's what google is trying to do, they won't just knowingly be breaking copyright, that's too risky.
      They are using their complete copy of X to make profit. I don't see a penny of this except maybe occasionally someone will buy my book X because Google mentioned it. And there's certain no law that compels me to accept free advertising in recompense for abuse of my copyright.
      But there is also no law that forbids them to make money from your work, as long as they don't break your copyright.

      To solve this problem legally (not morally that's another issue), you'll need to be a copyright lawyer with computer science skills and precise knowlegde of how google is indexing the books.
      --
      Computers are useless. They can only give you answers. -- Pablo Picasso
    6. Re:You are confusing two issues by Pofy · · Score: 1

      >A used book stores pays the owner of a book a .25, places it on its shelf
      >and then sells it for $2.00.

      >A coffe shop owner sees the book, buys it, and leaves it hanging around
      >their shop for customers to read.

      >These 2 examples are no different.

      In neither of these cases are there copies made. Google is making copies!!! If you fail to see that difference you really amazes me. It is the creation of those copies that are the copyright infringement.

    7. Re:You are confusing two issues by Pofy · · Score: 2, Informative

      >So far as I am aware you are allowed to make copies of copyrighted works
      >if you like.

      Then you are aware wrong. I will will show text from the US copyright law for you, other countries have similar text:

      "Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
      (1) to reproduce the copyrighted work in copies or phonorecords; "

      Nowere does it say that it is allowed as long as you don't distribute the copies. Actually, distribution would be ANOTHER, different copyright infringement, not tied to the one above, lets quote further from the same section:

      "(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; "

      In case you want to read it yourself, here is a link:

      http://www.law.cornell.edu/uscode/html/uscode17/us c_sec_17_00000106----000-.html

    8. Re:You are confusing two issues by lgw · · Score: 2, Funny

      Well, Google does have lobbyists now. With orders from the top to "also hire Republican staffers". It will be interesting to see how the evil goes.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    9. Re:You are confusing two issues by feijai · · Score: 3, Informative
      By serving up snippets they are able to make sales of advertising. Therefore Google are using entire copies of copyrighted material for commercial benefit. This is so far from fair use it's not debatable.
      "Using" is not a term of art or law. Before you're going to claim that this isn't debatable, I'd like you to specify exactly which right Google is infringing on.

      I'll give you a hint. The only possible thing Google could be thought to be infringing on is the right to distribute derivative works. Except that derivative works is defined by the Copyright act as:

      a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted.
      The important phrase here is work. A snippet is not a work, nor is a system. A database can be a work, but it is hardly settled law that such a work qualifies as having been "recast, transformed, or adapted" (under the Copyright Act's usage of those terms) -- at any rate, far from "not debatable". Further, the distributing the derived work, not for using it in other ways. And it is certainly the case the making money off of one's work is not a protected right. You'll be hard pressed to find the phrase "commercial benefit" in the Copyright act.
    10. Re:You are confusing two issues by ThePhilips · · Score: 1

      Reminds me that some [CENSORED] from RIAA wanted recently share of profits from Apple iPod sales.

      Also, they wanted medical offices to pay for music they play for customers, citing the same reasons: more people can wait for doctor, so music does increase doctor's profits.

      Very very silly. TheRegister once suggested that this guys would argue one day to perform lobotomy on people leaving concerts/movie theaters: thus people will not take away RIAA/MPAA's precious Intellectual Property with them.

      Seems book sellers & writers guilds are going in the same direction. They even might argue that if I read book and learned a thing from it, I owe them money, since I could profit from the learned thing. After all I paid them for reading the book - not for profiting from it.

      Let's hope, that books will continue to be sold - unlike DVDs which already are licensed, not sold.

      P.S. To your remark that you bought more books after finding them with Google. I was always confronted by this dilema. You might by yourself notice that writers whose books we are buying, normally has nothing to do with writers who would argue on Google Print thing. What's more, the authors I like never ever raised the question about scanned books appearing on the net. I guess there are authors who like to reach more people - and authors who want to profit. No need to guess whose books are better: like with software, best stuff is made by people who want to make the stuff - not by people paid to do so.

      --
      All hope abandon ye who enter here.
    11. Re:You are confusing two issues by StopSayingYouSir · · Score: 1
      In neither of these cases are there copies made. Google is making copies!!!

      It's even worse than that. For the most part, Google doesn't even own the books they're copying in the first place. They're scouring libraries.

      On the other hand, they are giving publishers a way to opt out, so it's perhaps not as bad as you make it seem.

    12. Re:You are confusing two issues by mikehdow · · Score: 3, Insightful

      I agree. It seems that many people are missing the point that Google would now be making money off books when the writers of the books should be. If Google would like to provide this service -- and it would be a great service to its users -- they need to pay royalties. I wish people would see the middle ground -- that Google pay royalties. Instead, many are taking the extreme and saying that those who are seeking to protect authors are effectively preventing a great service to the world's population from being made available. The fact that Google wants to provide this type of service is great; however, they need to share the wealth with those whose content they are using.

    13. Re:You are confusing two issues by tgibbs · · Score: 1

      By serving up snippets they are able to make sales of advertising. Therefore Google are using entire copies of copyrighted material for commercial benefit.

      Except that this isn't true. Google is not placing adds on Library Project pages. They do provide links to booksellers, but they don't get a fee for those links.

      It seems like the only real benefit that Google is reaping from the Library Project is the publicity and public goodwill, which probably benefits Google's image as the place to go to for web research.

    14. Re:You are confusing two issues by idesofmarch · · Score: 1
      Per your helpful citation, there is another possibility:

      "To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work"

      Google is diplaying portions of the copyrighted work.

    15. Re:You are confusing two issues by bitingduck · · Score: 5, Insightful

      By serving up snippets they are able to make sales of advertising. Therefore Google are using entire copies of copyrighted material for commercial benefit. This is so far from fair use it's not debatable.

      Yes, it is debatable. They aren't republishing the entire book.

      If their potentially infringing use decreases the value of the original (i.e. makes a user of gBooks not want to get a copy of the original) then it's probably infringing. If their use increases the likelihood that someone will want to get the original, then it's probably not infringing.

      Book reviews depend on this-- they excerpt things all the time without needing permission. The whole point of book reviews is to help evaluate whether you want to get a book or not. They also make a profit from republishing snippets, but it's certainly not infringing. Authors don't see a penny of that unless it encourages someone to go out and buy the book.

      What Google is doing is providing customized excerpts based on what you're looking for. In all probability it will increase sales for books that it indexes-- there are plenty of times that I haven't bought a book online because I couldn't tell if it included what I wanted. Then I check it out in person at a bookstore if it's available. If it's not, then I just don't buy it.

      And as a side note, bookstores already provide a service that allows you to do what people are afraid Google will enable, and possibly for less effort. If you're a reasonably quick reader it's not hard to read an entire book (or at least as much as you want) in a single bookstore visit. There are plenty of books that I've read in the bookstore that I didn't buy.

      Making full copies may be irrelevant- libraries routinely make full copies of damaged books that are out of print in order to preserve their content.

      Copyright wasn't intended to give authors absolute control over the ability to profit from their content. It strikes a balance (at least it used to) between protecting authors' ability to profit and the benefit to society of having things made publicly available.

      I'll spell this out even more clearly. I have written book X recently...[lots of stuff cut out for space]... And there's certain no law that compels me to accept free advertising in recompense for abuse of my copyright.

      Ok, so suppose your Book X is on the shelf at the library and I decide to read it there and write a review of it. I pull out a couple of excerpts and include them in the review. I sell this review to some book of reviews, who then publish it with ads. They and I have both profited from your book, and you don't see a penny (except from the single sale to the library). That's free advertising for your book, and there's nothing you can say or do about it- it falls under fair use. I can even say your book sucks in the review, and it's still fair use.

      In fact, I just did something like that in this post-- if you read "The Fine Print" at the top of all the replies, all your comments belong to you. I just excerpted your copyrighted material (I could even have fairly included the whole thing, but it would have been annoying for other readers) to write a negative review of it, and Slashdot profits from it.

    16. Re:You are confusing two issues by robertjw · · Score: 4, Insightful

      In neither of these cases are there copies made. Google is making copies!!! If you fail to see that difference you really amazes me. It is the creation of those copies that are the copyright infringement.

      Actually, I do see the difference. The the parent's example the publishers lost a sale because a consumer purchased the book in a secondary market. Google does NOT intend to redistribute content. They are making ONE copy of each book for their own used, not to resell. Now they are going to use that content to enhance their searches, but I don't know if that's against fair use.

      The publishers are just pissed that Google's making money and they aren't, it has nothing to do with copyright or fair use. If it's such an issue, why don't they just encourage all of their authors to opt-out and setup their own search index to compete. That's not what they want at all, they just want a bigger piece of the pie than they are already going to get from purchases of searched books. Don't assign altruistic values to the publishing companies, they are just greedy like everyone else.

    17. Re:You are confusing two issues by greenrd · · Score: 1
      Therefore Google are using entire copies of copyrighted material for commercial benefit.

      That's correct - but that argument also applies to their conventional web search engine. They make complete copies of most web pages, too, as you can see by inspecting the Google Cache. So if their book search is a massive copyright violation, so is their web search.

      Which means the law definitely needs to be changed, at least to legalise their currently-illegal web search business model.

    18. Re:You are confusing two issues by Hawke666 · · Score: 1

      So do they need to "share the wealth" with owners of webpages to whom they link?

      Or is providing the indexing service payment enough?

      Most web page authors seem to feel that it is. Several authors have stated that they feel the same about their books. All the more so in that if you wish to read the book, you still have to buy it; Google's service would just make it easier to find!

    19. Re:You are confusing two issues by geoffspear · · Score: 1
      In the United States, there's no law that ensures the right of a publisher or an author to make a sale. There is a law that protects the right to make copies.

      This is not a difficult concept. You may think that the "right" to make a sale should be more important than the "right" to make a copy, but the legislature so far hasn't agreed with you.

      --
      Don't blame me; I'm never given mod points.
    20. Re:You are confusing two issues by Darius+Jedburgh · · Score: 1
      I'd be very surprised if a database isn't considered a "recast, transformed, or adapted" work. A compressed version of a work is considered to be a copy of the work even though it is, in effect, a database with indices point to snippets in a dictionary (as that is typically how compression algorithms work).
      You'll be hard pressed to find the phrase "commercial benefit" in the Copyright act.
      "Commercial benefit" is the sine qua non of copyright and isn't overlooked by judges in making their decisions. If /. hadn't stopped allowing me to look at my old comment history I'd provide some links on the subject.
    21. Re:You are confusing two issues by Big+Boss · · Score: 2, Insightful

      >In neither of these cases are there copies made. Google is making copies!!! If you fail to see that >difference you really amazes me. It is the creation of those copies that are the copyright infringement.

      It's always been my understanding that Copyright doesn't cover MAKING copies, only DISTRIBUTING them. There is a HUGE difference in the two. This means that I can go to the store, buy a CD, and rip it to MP3 to put on my iPod. That makes 3 copies of the work (the rip to WAV (even if it's just in RAM, it's still a copy), compression to MP3, putting it on my iPod). Am I violating copyright there? The courts say no (IIRC, the lawsuit against the Rio covered this). However, I am violating copyright if I give someone else a copy of my MP3s.

      As I see it, Google Print is pretty much the same. They index the copies they make (and keep to themselves) and give only a few lines of text in the search results. That's like me giving 1 second of an MP3 to a friend. It's excerpting and generally accepted as fair use. Honestly, for public domain works, I don't see a problem with making the entire text downloadable. For in copyright works, I see no moral or legal problem with giving out only a few lines of text and a listing of what book it came from. Obviously, they can't let me download the whole book, and I see no indication that Google intends to allow any such thing. They aren't so stupid as to not realize that is a clear violation.

      If publishers were smart, they would set up a website that google could link results to for purchasing the book. Even just linking to Amazon would be great. I could get on, search, find a book that looks to have the info I want, click buy and it shows up a few days later. Perfect. But no, they just have to keep thier buggy whips moving....... Copyright isn't a guarantee that you can make ever increasing profits by doing the same thing for all eternity. It's a guarantee that I can't give away or sell full copies of your work. Making money on it becomes your problem. If a service like Google indexing your book causes you to loose money, it's your business model that is flawed and needs updating.

      It's funny how poeople here revile the RIAA and MPAA for the same sort of antics, but defend book publishers for the same crap. Technology is moving along and your customers want the world to move with it. Your job as an author or publisher is to provide the customers what they want, and find a way to make money out of it. If you can't do that, it's time to step aside for the next generation that can. The future is a steamroller and you're getting run over. Are you going to do something to get ahead of it, or are you going to sit there an be crushed? Doesn't matter one way or the other to me. I'll happily pay whoever is providing the services I want. If nobody is willing to take my money for what I want, I'll find another way, as will a vast majority of people. There IS money to be made here, but you have to change your perspective to make it. Hint: People are more than willing to pay for convience.

    22. Re:You are confusing two issues by Anonymous Coward · · Score: 0

      FYI - fair use is about taking someone else's work, or a portion thereof, and adding some kind of value based on specific work. You can, for example, take a paragraph out of a book and add some discussion. You can take the melody line from a song and include it in your parody. You can't just take your favorite poem from some authors book of poems and add it to all your advertisements. That's not fair use. What Google is doing is useful, but it's not under the realm of fair use. Someone printing up 10,000 copies of the latest Stephen King novel and selling them at 10% the retail price of a legitimate copy would be useful to about 10,000 people, but it certainly wouldn't be fair use.

      Google isn't even buying copies of the books it is copying. Regardless of whether their index is useful to the public or not, they need to be buying copies of the books if they intend to keep a copy or substantial portion of a copy, in whatever form, of the book. Once Google is no longer in legal possession of a copy of a book, what right do they have to access the entirety of the book for the purposes of making a profit?

      Look at it this way. I go to the library. I check out some books. I make complete copies of these books. I return the originals to the library. I put up a sign outside my coffee shop that says "Full Text Book Searches". You come in and ask me to give you a list of books that have the phrase "Google is a bunch of greedy criminals." I say, "one moment." I run in the back and flip through the copies I made looking for your phrase. While you are waiting you might buy a latte. You might not. You might think it smells wonderful, but you aren't in the mood for it right now and at some future point stop in for a quick pick you up. I come back with a couple of pages that I copied from my copies. It does so much for my business that I make copies of all my copies and send them out to my other locations to do the same.

      Regardless of whether the act of making a copy of a few lines of a book for you is fair use, there is still a major problem here. It is not fair use for me to have made the copies in the first place. Nor was it fair use for me to make copies of those copies and distribute the copies out to my other locations.

      Google asserts that they are going to take 20% of each book and not make that particular 20% available to anybody, ever. Which causes a problem. Do they provide results from those sections: "You search matches paragraph three on page ten which looks like this: ......, additionally it matches a section of the book that we will not show you." Or do they just not match those sections. If they don't match those sections then they are misrepresenting the nature of the work. Which is bullshit.

      Google is wrong on this. If they want to create such indexes, then go out and buy a copy of the book for every instance of a digital copy they want to make. If they are going to distribute their index through twenty data centers around the country, then buy twenty copies. For books that are still under copyright but out of print, well Google has hundreds of millions of dollars (if not billions of dollars) I'm sure that they can make arrangements with the copyright holder to get a special single copy printing of the book.

      Google wants to make profit for minimal outlay. If that means violating other people's copyright, then so be it. I wonder if they'd feel the same about Lycos, Yahoo, or Microsoft using their patented search algorithms? My guess is that they would be pretty upset about it.

    23. Re:You are confusing two issues by flyonthewall · · Score: 1
      Per your helpful citation, there is another possibility:

      "To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work"

      Google is diplaying portions of the copyrighted work.



      I read this as displaying the entire copyrighted work, not a snippet thereof. Seems to me that if the above included snippets, then all forms of reviews and quotings without the copywriter permission would be infringing and it is clearly not the case.

      As a matter of fact, I am pretty sure that there are exclusions for such.

      In http://laws.justice.gc.ca/en/c-42/39253.html Para 3 states in part:

      "3. (1) For the purposes of this Act, "copyright", in relation to a work, means the sole right to produce or reproduce the work or any substantial part thereof in any material form whatever, to perform the work or any substantial part thereof in public or, if the work is unpublished, to publish the work or any substantial part thereof, and includes the sole right.."

      Notice that the Work or a substantial part thereof is mentionned. Snippets would not constitute such.

      In the States I am certain that something equivalent prevails too.

      --
      "The avalanche has already started. It's too late for the pebbles to vote." - Kosh
    24. Re:You are confusing two issues by Create+an+Account · · Score: 1
      TITLE 17 > CHAPTER 1 > 107

      Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.


      You have to read the whole thing, pal. You showed section 106. When it says "Subject to sections 107 through 122..." that means you need to read those sections to see what limits are placed on the provisions of section 106.
    25. Re:You are confusing two issues by ChaosDiscord · · Score: 1
      Google hold copies of original works. They use these entire copies to serve up snippets to individual users. By serving up snippets they are able to make sales of advertising. Therefore Google are using entire copies of copyrighted material for commercial benefit.

      Indeed, I trust you'll support me in calling for legislation banning all search engines (at least those that return snippets of the original web page)? I certainly didn't give Google permission to make a copy of my web site, then serve snippets to individual users and make advertising money off it. If I want to have my content removed, I need to opt-out; what a bad idea.

      Unless of course you'd like to have different standards for the web and print media. I seem to have missed the part of copyright law that says, "unless it's on the web".

    26. Re:You are confusing two issues by Dashing+Leech · · Score: 1
      "But there is also no law that forbids them to make money from your work, as long as they don't break your copyright."

      And in fact there shouldn't be, as this is more or less the point of copyright law anyway. Many people seem to believe that copyrights exist because the creators "own" their creation like tangible property. That is an absurd notion. To quote Thomas Edison:

      "It would be curious then, if an idea, the fugitive fermentation of an individual brain, could, of natural right, be claimed in exclusive and stable property. If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation."

      In this case, he was referring to patents specifically, but the words have equal or greater meaning when applied to copyrighted works. Copyright law, and IP law in general, exists for the sole purpose of disseminating creations for the benefit of everyone to use and develop. The protections offered in IP law are merely the incentives for the creators to make their works public so that other people can't sell their works directly (without their permission) or provide copies to subvert their sales, for a limited time. Google isn't doing either. The point of IP law isn't to stop others from making money in other ways from your work, so the whole argument of Google making money off copies of the work completely misunderstands the purpose of such laws.

      Unfortunately, IP law has been subverted and distorted, largely by the content creators to get more and longer protection to have more control and make more money, and consequently reduce the amount of creative works available for public use instead of increase it as was the intention. Google's creation of a searchable indexing system for all books is not only incredibly useful for both users and creators, it is a perfect example of the progress that IP law was intended to create and is the sole purpose for which Congress is allowed to create such laws as spelled out in the U.S. Constitution.

    27. Re:You are confusing two issues by Skjellifetti · · Score: 1

      It's always been my understanding that Copyright doesn't cover MAKING copies, only DISTRIBUTING them.

      Back in my grad school days, IIRC, Ohio State used to have signs up near the copiers in the libraries warning users not to use the copiers to copy whole books. If a library allows users to copy a book, are they contributing to copyright infringement? This is just what the libraries are helping Google do. Why is it OK for Google but not the average library patron? Perhaps if Google bought one copy of every book they are scanning the case might be different.

    28. Re:You are confusing two issues by You+Been+Rob-ed! · · Score: 1

      So if I buy a CD of music, is it fair use for me to make copies of the songs on that CD for my use? If so, why is it not fair use to make copies of the contents of a book for my use?

      --
      For fun, calculate how much DDT would be lethal for you!
    29. Re:You are confusing two issues by NeutronCowboy · · Score: 1

      When did Google start to index copyrighted works? The only books scanned so far are the ones where the copyright has expired, or copyrighted books which are out of print. Since the original author and publisher aren't profiting from the out-of-print books either, it is hard to argue that Google is somehow depriving them of income.

      Regarding your last point - copyright is designed to increase the profit you reap from your creation. In your example, Google's approach is also increasing your profit. What's wrong with that?

      --
      Those who can, do. Those who can't, sue.
    30. Re:You are confusing two issues by 99BottlesOfBeerInMyF · · Score: 2, Informative

      So let me spell this out clearly: Google hold copies of original works. They use these entire copies to serve up snippets to individual users. By serving up snippets they are able to make sales of advertising. Therefore Google are using entire copies of copyrighted material for commercial benefit. This is so far from fair use it's not debatable. So Google are clearly in breach of copyright even though the end users aren't. I can't spell it out more simply than that.

      The courts, thus far, have disagreed with you. In precedent setting cases it was ruled that the republishing, not the copying is the part restricted to excerpts. The courts have ruled that it is legal to copy entire works for the purpose of providing excerpts in a case where those excerpts were generating revenue via ads. Basically the case was about a system just like Google images where entire images were copied and made into thumbnails, which were displayed with ads to generate revenue.

      This court case was a district one, not a supreme court decision but all but one district court has filed supporting briefs. Guess which district they chose to file against Google in? If they can win in the district court a supreme court appeal is almost guaranteed, and these lawyers are gambling that they can delay with an injunction and tie things up in court, or that the supremes will disagree with all the lower courts (sans one).

    31. Re:You are confusing two issues by Anonymous Coward · · Score: 0

      MOD THIS GUY UP!!! You hit the nail on the head.

    32. Re:You are confusing two issues by the+argonaut · · Score: 2, Interesting

      It's always been my understanding that Copyright doesn't cover MAKING copies, only DISTRIBUTING them

      Incorrect. It covers both.

      This means that I can go to the store, buy a CD, and rip it to MP3 to put on my iPod. That makes 3 copies of the work (the rip to WAV (even if it's just in RAM, it's still a copy), compression to MP3, putting it on my iPod). Am I violating copyright there? The courts say no (IIRC, the lawsuit against the Rio covered this). However, I am violating copyright if I give someone else a copy of my MP3s.

      Technically, both acts, making the copy and distributing it to your friend, are infringing uses. However, you have a defense to the first infringement, aka "fair use", that you would not necessarily have in the second case.

      It's a guarantee that I can't give away or sell full copies of your work.

      Or partial copies as well, or plagiarized or derivative works. Copyright is much broader than what you suggest.

      They index the copies they make (and keep to themselves) and give only a few lines of text in the search results.

      But the copies they make are themselves an infringement. The question is whether Google has a fair use defense that would allow them to make these copies. We discussed Google Print in my Copyright class a week or so ago, my copyright professor seems to think that Google is probably engaged in copyright infringement on a mass scale (although in typical law professor fashion, he didn't come right out and say so).

      --
      fuck you.
    33. Re:You are confusing two issues by robertjw · · Score: 1

      In the United States, there's no law that ensures the right of a publisher or an author to make a sale. There is a law that protects the right to make copies.

      I'm no copyright attorney, but from what I've always understood copyright law is both. Copyright law deals not only with the copying of material, but the distributing and production (sale) of said copies. I was always told, and again IANAL, that you could make a copy of a recording of music and GIVE it to another individual as long as you were not doing a mass distribution or collecting any money for the copy - that this fell in to fair use. Now this may not be true, or it may not be true now under the DMCA, but that was always my impression. Regardless, copyright law definitely protects the right of the author to sell his own work, at least the first time.

      Copyright is not as simple as you seem to want to make it out to be. I looked at the US Copyright office's page on fair use and it is EXTREMELY vague.

    34. Re:You are confusing two issues by the+argonaut · · Score: 1

      On the other hand, they are giving publishers a way to opt out, so it's perhaps not as bad as you make it seem.

      But should it be the publisher's responsibility to opt out, or should it be Google's responsibility to get permission first? I think traditional copyright law would put the burden on Google to get permission for what they're doing. I'm curious though if what Google is basing its position on the "notice-take down" provisions of the DMCA regarding infringing material posted online. My understanding though is that this is only a defense against a claim of contribution or vicarious liability against ISPs for material posted by their users, not for the infringers themselves.

      --
      fuck you.
    35. Re:You are confusing two issues by the+argonaut · · Score: 1

      FYI - fair use is about taking someone else's work, or a portion thereof, and adding some kind of value based on specific work. You can, for example, take a paragraph out of a book and add some discussion. You can take the melody line from a song and include it in your parody. You can't just take your favorite poem from some authors book of poems and add it to all your advertisements. That's not fair use. What Google is doing is useful, but it's not under the realm of fair use. Someone printing up 10,000 copies of the latest Stephen King novel and selling them at 10% the retail price of a legitimate copy would be useful to about 10,000 people, but it certainly wouldn't be fair use.

      Fair use is much broader than that. Time-shifting, for example, is considered a fair use (the infamous Betamax case). There is no requirement that you add something useful or of additional value in order for it to be considered fair use, and sometimes doing so will not be considered fair use.

      --
      fuck you.
    36. Re:You are confusing two issues by Anonymous Coward · · Score: 0

      By serving up snippets they are able to make sales of advertising. Therefore Google are using entire copies of copyrighted material for commercial benefit.

      You're assuming that there will be advertising around the text. They don't have to place ads if they don't want to.

      Another option is that they post links to online booksellers, in which they can decide whether to decide the seller's affiliate program.

      Things can be setup so that Google doesn't profit (or only profits on books in the public domain).

    37. Re:You are confusing two issues by 99BottlesOfBeerInMyF · · Score: 1

      When did Google start to index copyrighted works?

      Google is indeed scanning copyrighted works. Only about 1/3 of the books are in the public domain. For that matter all the pages Google caches and provides snippets of and links to on the internet are copyrighted.

      The issue is whether or not this is a "fair use" of the works, which to date the U.S. courts have ruled similar instances are indeed fair use. Basically precedent has indicated that it is legal to copy entire works in order to use those works to produce and republish excerpts, provided it is a use covered under the fair use doctrine.

    38. Re:You are confusing two issues by Pofy · · Score: 1

      >You have to read the whole thing, pal. You showed section 106. When it says "Subject to sections 107
      >through 122..." that means you need to read those sections to see what limits are placed on the
      >provisions of section 106.

      And what part of those sections says "disregard the copying, it is allways allowed anyway if you like to do it"? What of those sections do you fullfill? Or more importantly, what of those does Google fullfill? None!

      Your statement was a blanket "you are always allowed to make copies", which is wrong, you are not except in some specific defined occations.

    39. Re:You are confusing two issues by mean+pun · · Score: 1
      I'll spell this out even more clearly. I have written book X recently. They have an entire copy of my book sitting on their servers. (It may in fact be an index and hence a derivative work from which the complete original can be constructed, but that is still subject to copyright.) They are using their complete copy of X to make profit. I don't see a penny of this except maybe occasionally someone will buy my book X because Google mentioned it.

      People have also made paper indices of publications, such as the books that index scientific publications, and list, for example, all papers that mention dihydryl oxide. There are other derived works: Bible concordances, concordances of Shakespeare's work, the legal profession no doubt has concordances, abstracts of popular books, reviews, etc. All these derived works do not require royalties. In many countries there are explict provisions in copyright law to support this. The reason is that generally these things are considered benifical.

      I fail to see why Google is now suddenly evil for doing the same thing online. Yes, they probably have your book X online somewhere, but surely they got book X legally (perhaps even because your publisher gave it to them), so what's the problem? They don't publish it, they only show small fragments of it. Why is this abuse of copyright?

      The argument that they use copies of copyrighted material for commercial benefit is weak. Anyone using information from an educational or reference book in a commercial context is doing the same thing.

    40. Re:You are confusing two issues by Simulant · · Score: 1


      Devils advocate here...

      If Google doesn't index the books. The authors neither lose nor gain money.

      If Google does index the books, Google makes money indirectly but the authors don't necessarily lose any. In fact... the authors may very well make money due to increased exposure. (I'm assuming Google doesn't make it convenient to grab entire works)

      While one could say that Google is profiting off of the authors, they are at least putting in some effort and probably adding value. In fact, I'd say they are creating something that didn't exist before, which will probably benefit many.

      One could also say that the authors are now expecting additional income from Google's effort with no additional effort on their part. Income that they had not expected until Google came along. Income that they were content without until Google came along.

      One of these seems way more greedy than the other.

      This sort of unfairness is one of the inherhent problems with 'intellectual property' in general and why, IMO, there should be far shorter time limits than what we're currently facing. The original 14 years or so was sufficient.

    41. Re:You are confusing two issues by Darius+Jedburgh · · Score: 1
      The courts have ruled that it is legal to copy entire works for the purpose of providing excerpts...
      There is a fundamental difference. As far as I know, in the case you discuss they didn't generate revenue from copies of the entire image, but from thumbnails. Google uses the entire copy of a book to generate revenue. If, instead of serving up thumbnails, this company had served up jigsaw pieces of the entire image, ultimately serving up almost the entire image to different customers, I think the court may have decided differently.

      A though experiment: suppose I'm a chocolate vendor, I like photograph X copyrighted by someone else, and I want to use it as a design on my chocolate gift boxes. Instead of putting the entire design on one box I chop the copies of the original photo up into little pieces and put different pieces on each box, ultimately using the entire image, but not on one box. Am I in breach of copyright? I don't see how this can be fair use, I'm not using excerpts or low resolution thumbnails. I am using the entire image (to boost my sales), even if my customers individually only see a piece.

    42. Re:You are confusing two issues by MeltUp · · Score: 1
      Copyright law, and IP law in general, exists for the sole purpose of disseminating creations for the benefit of everyone to use and develop.
      That's the theory, the author (or inventor in patent law) gets some legal control over an untangible thing, and that way being an author/inventor is rewarded, and thus stimulated.

      But as always, when money (and thus good old greed) is involved, things get perverted. If the law isn't strong enough, the authors/inventors get ripped of. If it is too strong (as it is now in my opinion), the public gets ripped of.
      Balancing laws ain't easy.

      The protections offered in IP law are merely the incentives for the creators to make their works public so that other people can't sell their works directly (without their permission) or provide copies to subvert their sales, for a limited time. Google isn't doing either.
      Legally, I wouldn't be so sure. But IANAL.

      The point of IP law isn't to stop others from making money in other ways from your work, so the whole argument of Google making money off copies of the work completely misunderstands the purpose of such laws.
      I agree that they are most lickely doing a "Good Thing". I don't understand completely why some authors are against it (good old greed again I guess), but they might have the letter of the law with them.
      --
      Computers are useless. They can only give you answers. -- Pablo Picasso
    43. Re:You are confusing two issues by Pofy · · Score: 1

      >So if I buy a CD of music, is it fair use for me to make copies of the songs on that CD for my use? If
      >so, why is it not fair use to make copies of the contents of a book for my use?

      Fair use (in US) is covered in 107. Certain criterias are needed to be fullfilled. here, I shall copy it for you:

      1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
      (2) the nature of the copyrighted work;
      (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
      (4) the effect of the use upon the potential market for or value of the copyrighted work.

      For one, we might conclude that you, making copy of the CD you bought or a book you bought, is not, typically, of a comercial nature. Google's copying clearly is. So there we have a huge difference rioght away.

    44. Re:You are confusing two issues by Darius+Jedburgh · · Score: 1
      The argument that they use copies of copyrighted material for commercial benefit is weak. Anyone using information from an educational or reference book in a commercial context is doing the same thing.
      This is a fundamental misunderstanding of copyright. You don't copyright an idea, you copyright a text (or a picture, or a movie etc.) You are allowed to make free use of (unpatented) techniques you learn from a textbook and even redescribe those techniques in a book of your own. But if you copy the text literally you are in breach of copyright.

      Additionally: the Bible and works by Shakespeare are out of copyright. There's no point of comparison with google here. Can you point me to a freely (and legally) available unauthorized concordance of an in-copyright book that is good enough to allow me to reconstruct most of the original book? Such a work would be deemed in breach of copyright. Paper abstracts (at least short enough ones) and titles are clearly fair use. This bears little relation to what google is doing which is reproducing and distributing almost entire texts (though not in one piece).

    45. Re:You are confusing two issues by CmdrGravy · · Score: 1

      By the looks of it Google has a good claim to be making copies for the purposes of either news or reporting purposes. As I said this issue is not as cut and dried as the original poster was making out.

    46. Re:You are confusing two issues by 99BottlesOfBeerInMyF · · Score: 1

      As far as I know, in the case you discuss they didn't generate revenue from copies of the entire image, but from thumbnails. Google uses the entire copy of a book to generate revenue. If, instead of serving up thumbnails, this company had served up jigsaw pieces of the entire image, ultimately serving up almost the entire image to different customers, I think the court may have decided differently.

      In both cases they profited from ads served with an excerpt from the work, which they copied in full. The law makes no relevant distinction between a thumbnail or another excerpt. The courts are judging based upon the end result of a republishing and it's effect on the market. Since no one user can get the whole book, only a few small excerpts that qualify, together as a single legal excerpt how is this any different? Sure a user could hack the system, but they can also go to the library and make their own copy. Google has performed due diligence here. Basically, based upon the fair use doctrine, I don't see any reason why the courts would rule differently. There are 4 criteria. Google's purpose is the same. The nature of the work is not such that is should be in the public domain due to an overriding public interest. The amount of the work is probably less if anything. Finally, the effect of the copying upon the marketplace is no different.

      I like photograph X copyrighted by someone else, and I want to use it as a design on my chocolate gift boxes. Instead of putting the entire design on one box I chop the copies of the original photo up into little pieces and put different pieces on each box, ultimately using the entire image, but not on one box. Am I in breach of copyright?

      Nope. The relevant criteria for fair use are spelled out. Your effect upon the market value of the original piece and the quantity and character of your excerpts are decidedly fair use.

      I am using the entire image (to boost my sales), even if my customers individually only see a piece.

      If the New York Times, over the course of four decades of quotation, eventually includes all the text contained in some famous poem, does that mean they have breached the copyright? The answer is no, because each "republishing" is a separate case. Even if eventually a person could piece together the entire work, you're still in the clear so long as your intention and effect on the market are within the specifications of fair use.

    47. Re:You are confusing two issues by mikehdow · · Score: 1

      You have a good point. With Google doing Google Print there could be both benefits to authors (more sales of books due to exposure on Google Print) and drawbacks (there may be cases when Google Print customers opt to just view Google Print when they would have otherwise purchased the book).

      A good business strategy for Google may be to handle both of those points carefully. To increase the positives for authors (and Google themselves) they may facilitate the purchase of a book after viewing snippets on Google Print by linking to Amazon, or another vendor who carries the book. To mitigate the concern authors have over Google Print replacing sales, Google may choose to limit the amount of text a user can see for a particular book.

      They may already have plans for both -- I haven't found anything on length of snippets, # snippets viewable per user, etc. It sounds like the potential of Google Print could be disasterous for authors and creativity if everyone were to go to Google Print instead of a bookstore for books; however, it also could be a boon for authors and open up a whole new world of information for Google Print users.

      In short, they need to address those concerns, communicate their efforts to the public -- particularily authors and publishers -- and do their best to avoid and violation of copyright law to begin with.

    48. Re:You are confusing two issues by JSBiff · · Score: 2, Insightful

      Could, would, should. . . vague words. All we have is the law. The question isn't whether Google should be allowed to make money off the books. . . the question is, do they violate copyright? You might think it's 'not fair' that Google can make money from allowing the users to search the books, and sell ads next to the search results, but that doesn't mean that what Google is doing *IS* or *IS NOT* legal. It may be that what Google is doing is in violation of copyright, or maybe not. I'm not a lawyer.

      The thing is, copyright law doesn't govern making money off of someone else's copyrighted work. It only governs specific actions - namely, making copies and distributing those copies. For example, I could arguably have a for-profit library, where I buy copies of books, and then rent them out to people (would be tough, since there are free public libraries, but I believe would be essentially legal). Now, in this specific example, I've had to first buy my copies from the publishers, so the publisher and author are getting paid, and probably nobody would care.

      But, consider another example. I go to the public library. I read a *LOT* of books. I now decide to publish a newsletter of my book reviews, including maybe a few choice quotes, or even a couple paragraphs of text, and I sell ad space in my newsletter. I've made money off your books, without paying you anything. Am I in violation of copyright law for making book recommendations/reviews? No - even if I include short pieces of your text to illustrate my review/recommendation. That is *fair use*. And this happens all the time. Most newspapers have book review sections, magazines as well, and nobody complains about them.

      I personally don't see much difference between what I've outlined above, and what Google is doing. I personally think it comes down to fair use. I suppose, at this point, it will be up to the courts (most likely the Supreme Court) to decide if this constitutes fair use.

      The main points of question seem to be, 1) Does scanning/digitizing the entire work, even if Google isn't distributing the entire work, constitute an illegal copy or not, 2) If Google is making only a small portion available to any one searcher, but over the course of thousands of requests, makes the entire work available (albeit piece-by-piece to potentially hundreds of different users), does that constitute illegal copying/distribution (I personally think Google would be on much safer territory here if they only made available like the preface, or a couple paragraphs from the first chapter from the book, so that regardless of what you search on, you would only ever see that one small portion of the work - and *possibly* like the single sentence that the search terms were found in)?

      Ultimately, though, as copyright holders fight Google, they may just be killing the goose that laid the golden egg. Authors and publishers need to seriously consider this: do you want your competitors works to be findable through Google Print, but *your* work not to be? The outcome of Google 'losing' this legal battle would simply be that they would continue on, but only indexing and returning search results for public domain books, and books from publishers/authors who have explicitely granted them permission (and many will, as they will see it for the opportunity it is). Do you *really* want your books to be the only books that people *can't* find through Google? You might want to have your book listed, *and* get a royalty from Google. Not gonna happen. Ever. Get over it. Google will just pull you out of the index and move on, and not really care. It would take an industry-wide boycott for Google to care, and again, that's not gonna happen, because it's too tempting to be on Google when your competitors are not.

    49. Re:You are confusing two issues by Anonymous Coward · · Score: 0

      You are wrong... and a nitwit. But, I shall focus on your wrongness.

      Fair Use is not a defense against infringement, it is an exception. When someone accuses you of infringement, you don't say, "Yes I did, but fair use makes that infringement OK"... you say, "No I didn't, because fair use makes my copy non-infringing".

    50. Re:You are confusing two issues by 99BottlesOfBeerInMyF · · Score: 1

      The publishers are just pissed that Google's making money and they aren't, it has nothing to do with copyright or fair use. If it's such an issue, why don't they just encourage all of their authors to opt-out and setup their own search index to compete. That's not what they want at all, they just want a bigger piece of the pie than they are already going to get from purchases of searched books. Don't assign altruistic values to the publishing companies, they are just greedy like everyone else.

      I don't think you are giving them enough credit here. This is about a threat to their revenue, not a grab for more. The groups suing google are publishing houses. What vital services do they perform? They print the hard copies, but anyone can do that. These companies really just send them on to the printers. They market the books, but Google is making that less necessary and if an author was so inclined they could always use a regular marketing agency. They have lots of contacts and contracts with book stores and chains which they use to distribute the works. Google is making it less necessary to be in a major brick and mortar store to get sold and online stores have already taken off. Where does this leave the publishing companies? It leaves them wishing there was no Google print, or at least not a good one, since their position is seriously undermined by it.

      That said, I don't think the laws should be ensuring revenue streams. If Google has found a better way to let people find books than the traditional publishing houses have offered, well that is progress. Yes, the publishing companies are greedy. Yes, they are trying to abuse the spirit of the copyright system. They are also probably looking forward a bit more than you and seeing a real threat to their jobs.

    51. Re:You are confusing two issues by JSBiff · · Score: 1

      Replying to my own post, because I've found some links that people *really* should go read.

      One of Google's staff members wrote a piece and put it on his blog that gives a better idea of what a 'snippet' means.

      Google also will make available more content from a book, if they explicitely *have the publishers permission*. And, in such a case, Google will Share the wealth. Go read the page for details. Basically, they will give you a portion of the revenue from contextual ads that are displayed with the page from your book.

      This lawsuit is basically about people who are too stupid to exist (although, alas, they do), trying to fight something that will be *very* good for them. It's Sony vs. MPAA all over again, it really is. The MPAA thought they new so much better than the VCR manufacturers what is good for the motion picture industry. They are too small-brained to think creatively about how to exploit new opportunities that are opened up by the new technology. The MPAA members eventually did, and now they make, from what I've heard, the majority of their revenues from VHS/DVD sales (although they still make plenty at the box-office - it's just that VCRs and later DVD created brand-new revenue streams that eventually surpassed the box office + TV revenue).

    52. Re:You are confusing two issues by Baricom · · Score: 1

      On the other hand, they are giving publishers a way to opt out, so it's perhaps not as bad as you make it seem.

      That's precisely what the problem is. Everybody would think this was an incredibly cool service, and there would be little, if any, controversy, if this program was opt-in. Amazon.com has been scanning entire books to enable searching for years, and nobody cares because the publishers grant permission, not the other way around.

    53. Re:You are confusing two issues by wombert · · Score: 1

      libraries routinely make full copies of damaged books that are out of print in order to preserve their content.

      Yes, but in those cases, the libraries first legally obtained a copy of the book and are making a single copy to replace the one copy they legally own. (There are also provisions under fair use for multiple copies, but I believe that is more related to educational use, e.g. printing 50 copies of a chapter for use in a classroom.)

      The differences here?
      1. Google is not a library. It is a public company run for profit.
      2. Google did not legally obtain a copy of any of these books.
      3. Google's copies do not maintain the overall number of copies distributed. (Again, in the case of libraries, they make one copy when they have to remove one copy from the shelves.)

      --
      Did I say overlords? I meant protectors.
    54. Re:You are confusing two issues by robertjw · · Score: 1

      Ahhh... I belive you are correct. So what we have here is another RIAA who is not actually representing the creators of the original material, but their own interests. They are concerned that they are going to be cut out as a middle man. Interesting theory.

    55. Re:You are confusing two issues by Anonymous Coward · · Score: 0

      In this context time-shifting isn't too relevant. I apologize for not being clear that I was attempting to clarify Google's actions and not the general point of fair-use.

    56. Re:You are confusing two issues by gregbillock · · Score: 1

      This is not an accurate representation. Google DOES buy your book, in the same way that a book store does. The fact that a book store makes money by reselling your book does not mean the bookstore is violating your copyright.

      It turns out that under copyright law you cannot impede another person from making money from your book in this way. You can, however, charge more for your book. You're free under copyright law to set whatever price you want on your book.

    57. Re:You are confusing two issues by WindBourne · · Score: 1

      That has been the case all along. The RIAA/Book Publishers/Movie producers are all about to have their world turned upside down. What would be an interesting study would be to find out how much money the musicians/authors/directors make their work where it does not go through the middle man. I am guessing that all 3 groups are making a lot more money at a much lower cost i.e., there is a greatly reduced need for the middle man.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    58. Re:You are confusing two issues by Darius+Jedburgh · · Score: 1
      If the New York Times, over the course of four decades of quotation, eventually includes all the text contained in some famous poem, does that mean they have breached the copyright?
      By your argument the New York Times could publish any novel they like simply by serializing it in small enough pieces. I expect that one was settled in court long agao.
    59. Re:You are confusing two issues by Fordiman · · Score: 1

      Ok, consider this:

      Say I memorize my library of books.

      Someone asks me, "Hey do you know a good Sci Fi novel?"

      I respond, "Yeah, [insert novel here]. It's got [this plot device] and [that plot device], and is really [adjective]. It's also got [non-standard plot device], kind of amazing to fit into Sci Fi. Ooh, and there's [twist] near the end, just to keep you guessing"

      Have I violated fair use by passing on my derivative knowledge? No.

      Now, if I scan my library in, instead, and index it, is this not similar to memorizing it?

      Ok, so google serves ads with it. Let's look beyond the law here into the realm of coasean negotiation. This is, simplisticly, a field of civil economics where two parties negotiate with one another to dicuss damages, benefits, etc, to determine the total social benefit of a project. First assume that there is no cache function for book searches (books aren't going to change every few weeks. Additionally, note that Google Print doesn't have the Cache feature.).

      The vocal parties in this situation are a number of publishing companies and Google. Small numbers == without trasaction costs. Government intervention is not required unless an agreement can't be reached, in which case the only intervention is a government order that one be reached, or the government will reach one for them, at cost.

      Costs: all to Google. Google is paying for the rackspace, the servers, the book scanners (human and hardware), and the bandwidth to pull off this project, as well as individual copies of the books Google scans.

      Benefits: Google gets ad hits. Publishers theoretically sell more books (users discover books they have not previously bought). The public (the silent negotiator here) gets the best card-catalog in history. A number of third-party hackers get free copies of books by building exploitation scripts for the indexer. I'm a programmer, and I can tell you that this would be a lot of programming work, would not be very accurate, would take a very long time to actually download a book, and could be easily recognized by Google's servers.

      Rule in effect: Property rights go to the publishers.

      Under Coasean negotiation, Google would pay the publishers for the right to use the books. This is pretty much covered by the last bit of "Costs", since fair use includes the right to have a copy of the books.

      In other words, the Publishing companies are being greedy, and fighting for monies they're already getting.

      --
      110100 1101000 1101000 1100110 0 1101111 1101000 1100011 1
    60. Re:You are confusing two issues by 99BottlesOfBeerInMyF · · Score: 1

      By your argument the New York Times could publish any novel they like simply by serializing it in small enough pieces. I expect that one was settled in court long agao[sic].

      They already have using these things called letters which, when rearranged, can make any given book. The thing is, they did not publish them all at once, to any given person, with instructions for assembly. The courts decide these according to the four Fair Use criteria. What affect did this have on the market? What portion was published in any given instance. What was the purpose of the publication, was it to make money on the poem, or to critique, reference, or use the work as an example? The New York Times does not have to worry about republishing an entire work over the course of time since it is easier for some one to just copy it in its entirety somewhere else, and thus it has no noticeable, negative affect on the market for that poem. The printing in any instance was in order to discuss the poem or present an idea about the poem.

      If they tried to reproduce an entire work by publishing small amounts, in a serial order, or labeled, and that resulted in a negative affect on the market for that work, then they would be in violation of fair use.

      Google is making money referencing the work, not trying to reproduce the whole thing and I seriously doubt any of these publishers can make a good case for how this has negatively affected the market for a work. In most cases, it seems to be increasing the market. But, we've already been over this. If you read the fair use doctrine and then read the arriba soft case to see how it has been interpreted by the courts all of this is obvious.

    61. Re:You are confusing two issues by Baricom · · Score: 1

      I hope you don't consider me "too stupid to exist" after you read my response.

      I go to the public library. I read a *LOT* of books. I now decide to publish a newsletter of my book reviews...That is *fair use*.

      You make a reasonable argument about this hypothetical newsletter. Your newsletter would presumably include some kind of rating, a little commentary about the author's writing style and the substance of the plot, and so forth. You would be using the "snippets" from the books to supplement content you created (which is the point of copyright law - to encourage creation of works).

      The problem with your analogy is that Google is not proposing reviewing the books. They are not adding any content of worth to the book. The entire value of the web page they serve with the snippets, in fact, is the words from the book. I believe that by this reasoning, they do not qualify for fair use because they are not providing news reporting, commentary, or the other protected means of fair use.

      There are other reasons I oppose what Google's doing as well. Whether Google "knows better" than the publishers or not is irrelevant. If the publishers don't want to release their books like this, they shouldn't have to - just like the movie studios don't have to release tapes or DVDs if they don't want to.

      When I consider the publishing industry and Google in this scenario, I can't help but see the publishing industry as the victims and Google as the aggressors. I feel that if Google were to switch to opt-in, which is essentially all anybody is asking of them, economic pressure from the publishers that do "get it" will eventually push a majority of them to make their books available.

      Companies these days have lost perspective. Happy customers == profit, and it's a lot easier (and much more fun) to make your customers happy than forcibly extract cash from them.

      We need more DreamHosts in this world.

    62. Re:You are confusing two issues by Pofy · · Score: 1

      >By the looks of it Google has a good claim to be making copies for the purposes of either news or
      >reporting purposes.

      Huh? Apart from having no idea how copying books can be either news or reporting, could you clarify really WHAT part of your supposed copyright law that you feel makes it allowed to creat copies since you claim some paragraphs makes that ok, specifically one that talks about copying for "news and reporting"? What you should look at is the one dealing with "fair use", however, google has big problems there since it is of comercial nature.

    63. Re:You are confusing two issues by feijai · · Score: 1
      "Commercial benefit" is the sine qua non of copyright
      Nonsense. I copyright things all the time and distribute them for no commercial benefit whatsoever, and furthermore it's fine if others benefit from them through limited, free licensing from me. It's called open source.

      Things outside of open source are copyrighted all the time for reasons other than commercial benefit.

    64. Re:You are confusing two issues by feijai · · Score: 1

      Display of work is narrowly defined in law to generally mean performance for an audience: and more to the point, databases are excluded from it.

    65. Re:You are confusing two issues by Trevahaha · · Score: 1

      This is fine.. But what Google is doing is different. First, they do not own the original works, so fair-use of "backing up their own book" can't be used. If you go into a library and make a photocopy of a book, it is illegal. You are allowed to check that book out and read it, etc. This is because you are using that copy. However, you can't make a copy of that book and allow two people to read the book at the same time.

      You are allowed to destroy the original book and replace it with a photocopy of the original. This is common in libraries when a print is old and cannot be replaced (out of print, for instance). If Google archived these books and destroyed the original and also had a system where only one person at a time could access the book - then it may be legal.

      Anyone know the rule on indexing? You aren't exactly copying the book, as you are taking each word and indexing where it is located in the original book. This might even fall under the area where it is not longer classified as the ability to copyright, as they are facts. (You can't copyright facts) The fact, for instance, is that the word "X" is "word #2" located on page "8", of book "XYZ."

    66. Re:You are confusing two issues by Trevahaha · · Score: 1

      DVDs are sold, but the ability to watch the movie is licensed. Same thing with a book. A book is sold, but it's content is license (under copyright) - you can't go on TV and read the book to everyone.

    67. Re:You are confusing two issues by CmdrGravy · · Score: 1

      Google aren't copying the books in order to put the entire book on the web, from what I understand they will let you search for text in the book and will then display the relevant excerpt of text from that book. I agree this will involve copying the entire work into a database or whatever but provided their use of this copy falls into the fair use provisions there seems to be nothing preventing Google from doing this.

      Fair use of copyrighted works seems to protect Googles right to do this since they are providing the text for the purposes of, amongst other things, research. For example it would be easy to find quotes from particular books using this service and place them into a slightly wider context.

      I don't think fair use has anything to do with whether you are doing it for commercial purposes or not since newspapers, magazines and books all make use of these fair use provision to quote other copyrighted works. Obviously they charge for their newspapers, magazines and books.

    68. Re:You are confusing two issues by 99BottlesOfBeerInMyF · · Score: 1

      This bears little relation to what google is doing which is reproducing and distributing almost entire texts (though not in one piece).

      While it does not really matter, legally, I take exception to your claim that they are reproducing and redistributing entire texts. Do you have any support for the idea that Google is republishing entire works or even significantly large portions over the course of normal use? It is by no means a given. Are their any published statistics on what percentage of a given work Google has reproduced over time for users?

    69. Re:You are confusing two issues by CmdrGravy · · Score: 1

      I think you may be misunderstanding this to say that fair use does not apply to uses of a commercial nature whereas it is clearly stating that such commercial uses are included but that the nature of the use is what should be considered when deciding if the use is a fair use or not.

    70. Re:You are confusing two issues by Achromatic1978 · · Score: 1
      I agree that they are most lickely doing a "Good Thing". I don't understand completely why some authors are against it (good old greed again I guess), but they might have the letter of the law with them.

      The authors are the creators of the work. Who the hell are Google to decide what's 'good' for the author, and why is it greedy to want to be the one who determines how what you created should be used, and perhaps why it shouldn't be used to generate revenue for someone else?

    71. Re:You are confusing two issues by Achromatic1978 · · Score: 1
      If Google does index the books, Google makes money indirectly

      I'd have thought that advertising revenue based off of the very displaying of said index was a fairly direct manner of making money.

      probably adding value

      To whom, and how? An additional 'perspective' on a document does not necessarily equate to increased value.

      One could also say that the authors are now expecting additional income from Google's effort with no additional effort on their part.

      I wouldn't say that. If so, why are they suing to /stop/ the process, not suing to ensure they all get royalties?

    72. Re:You are confusing two issues by Darius+Jedburgh · · Score: 1
      If I remember correctly, in the Arriba case they only served up thumbnails, and they served up the same thumbnail to each viewer. They didn't have different users requesting different parts of the full image and Arriba never needed to store the entire original image for longer than it took to make a thumbnail. This seems, to me at least, to be a quite different situation to retaining the entire text, which is what Google do. Arriba used thumbnails for commercial benefit. Google use the entire text for commercial benefit. This is a highly non-trivial difference.

      Consider reference works. Owners of such books rarely read the entire book. Over their lifetime they may only read a small fraction of the book. But they might not know in advance what sections they will need (Who knows what works you'll look up in a dictionary before you get it?). Owning the book is valuable because at any time you know that whichever snippet you want, it's available in the book, even though over a lifetime you only use a handful of snippets. But this is exactly the service print.google.com provides for each of its reference books. In fact, I use it in this way. Any time I want a formula for this or that I can look it up in a book. There is a large set of reference books I no longer need to consider buying. To reiterate: for a large class of books, even though I can only download a small number of snippets from any book, print.google.com provides a service that is as good as me owning those books. So I no longer need to own them.

      Aside: If any economist is reading this. Is there a term for a group of goods that acquire utility for you not because they are individually useful, but because you know that at some future moment in time you may need to use one of them but you don't know which so you have to own the whole lot. eg. a set of drill bits, or a reference book?

    73. Re:You are confusing two issues by torokun · · Score: 1


      That's the main problem. They probably can't make that one copy for commercial uses. Yes, ad revenue does count, so their use would be considered commercial.

    74. Re:You are confusing two issues by the+argonaut · · Score: 1

      I may be a nitwit, but you sir are a fucktard, and a coward as well Mr. AC. "You are wrong and here is why..." would have been a sufficient response.

      And I shall contend that while I am wrong in part, I am also correct. Fair use is an exception to copyright, as you state, but it is raised as an affirmative defense to what would otherwise be an infringement (absent the fair use doctrine). You are correct though, the proper phrasing is "fair use makes my copy non-infringing". Guess I should go back and re-read that chapter.

      --
      fuck you.
    75. Re:You are confusing two issues by robertjw · · Score: 1

      That's the main problem. They probably can't make that one copy for commercial uses. Yes, ad revenue does count, so their use would be considered commercial.

      Ahh, but that's where the grey area is. They aren't using it for 'ad revenue'. They aren't directly using the content in advertisements, they are using the content to provide service to their customers and arguably the authors. They just happen to advertise to those people that search on it. If you argue that it is directly ad revenue then you can also argue they shouldn't advertise while displaying search results from copyrighted web pages. Look at the copyright office's website, there is not any hard and fast definition of what 'fair use' is - it's for the courts to decide, if it gets that far.

    76. Re:You are confusing two issues by Darius+Jedburgh · · Score: 1

      Google makes copies of books and then doles out copies of pieces of those copies to anyone who wants them. I don't understand where reselling comes into this.

    77. Re:You are confusing two issues by ThePhilips · · Score: 1

      All this legalise is too complicated for me to tell properly.

      Short (and how I understand situation): you can read a book w/o anything. You do not need a license for using your own brain and eyes - the only things required to read a book. Nor you need a license to print a book.

      Compare to DVD, which is unusable w/o licensed player, licensed recorder, etc.

      Imagine a world (as it was actually several centuries ago), where you would have to have a license to have a printer at home.

      It's like we are back in medieval cetruries with feudalism, with CEOs playing role of feudals, (ab)using USA corrupted legal & political systems to fight for their piece of turf of our money.

      --
      All hope abandon ye who enter here.
    78. Re:You are confusing two issues by Pofy · · Score: 1

      >Google aren't copying the books in order to put the entire book on the
      >web,

      Who has said that? They are copying books. Period. If they had then put them on the net, that would have been ANOTHER type of copyright infringement.

      >from what I understand they will let you search for text in the book and
      >will then display the relevant excerpt of text from that book.

      What you can and can't do is not the issue. It is them copying books.

      >Fair use of copyrighted works seems to protect Googles right to do this
      >since they are providing the text for the purposes of, amongst other
      >things, research.

      Cool ,so I will start copying music, games and such. In addition, I will create a small index so people can search it, for the purpos of science. Great! Since I make money on it all, it is probably even more "fair use".

      >For example it would be easy to find quotes from particular books using
      >this service and place them into a slightly wider context.

      How does that make it any more allowed to copy things?

      >I don't think fair use has anything to do with whether you are doing it
      >for commercial purposes or not

      From the "fair use" paraprahp of US copyright law:

      "(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; "

      Other things to consider:

      "(2) the nature of the copyrighted work;
      (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
      (4) the effect of the use upon the potential market for or value of the copyrighted work. "

      Actually, those ar all the 4 things to consider.

      >since newspapers, magazines and books all make use of these fair use
      >provision to quote other copyrighted works.

      Quoting has the difference in that it is a small snipet and not the entire work, in case they quote a copyrighted work. That is handled under (3) for example. Google is copying entier books appearantly.

    79. Re:You are confusing two issues by MeltUp · · Score: 1
      why is it greedy to want to be the one who determines how what you created should be used, and perhaps why it shouldn't be used to generate revenue for someone else?
      Perhaps greedy is not completely the correct word in this case. Being a non-native english speaker, I looked it up and it's worded a bit stronger in the dictionary than I thought it was. Anyway what I meant was: "the will to completely posses/control what you created, going as far as dening others use of your work if it doesn't harm you if they do so". Any precise word for that?

      In my opinion/view/moral, every man has an obligation against society as well as to himself. I think an author has the right to make money from his work, but I don't think he is entitled absolute control.

      If someone can make money of your work, and that doesn't negativly influence you making money of your work, In my opinion he has a right to do so. Even more so if he renders a service to society by doing so. Do you disagree with that?

      Google appears to be falling in that case. (though that is debatable, I don't know enough details)
      --
      Computers are useless. They can only give you answers. -- Pablo Picasso
    80. Re:You are confusing two issues by lkeagle · · Score: 1


      > Who has said that? They are copying books. Period. If they had then put them on the net, that would have been ANOTHER type > of copyright infringement.

      Actually, they are purchasing books. I'm absolutely free to copy any portion of a book that I own onto my personal computer for my purposes, whether I'm reviewing it, quoting it, citing it, or simply writing a portion of it in an email signature. In fact, I'm pretty sure that 99% of the sigs on Slashdot are copyrighted work.

      As long as they're not reproducing the entire work for profit, or more subtly, as long as they're not reproducing the entire work to cause the copyright holder to lose profit, then there is no legal case against them.

      Lemme put it another way: Until a copyright holder can prove beyond a reasonable doubt that properly citing their work on the internet causes them a loss of profit, then there is no argument.

    81. Re:You are confusing two issues by CmdrGravy · · Score: 1

      "Who has said that? They are copying books. Period."

      If you read what I wrote I have said that Google are copying the books, we both agree that that is the case.

      What you don't seem to realise is that what you can and cannot do with that copy is precisely the issue here. Provided you can demonstrate a fair use you are allowed to:

      1) Make commercial use of the copy
      2) Copy as much of the original work as you like

      Were you copy books, copy the cover and sell your copy in bookshops then there is no way on earth you could claim this constituted fair use.

      If you were to copy the books, index them and make a website allowing people to search the books for specific text and then provide a further small sample of the book then you can argue very convincingly that this is a fair use of the work.

      There is nothing preventing from copying entire books provided you make a fair use of those copies, nothing you have quoted so far contradicts this.

      "Cool ,so I will start copying music, games and such. In addition, I will create a small index so people can search it, for the purpos of science. Great! Since I make money on it all, it is probably even more 'fair use'."

      Once again you are totally missing the point here, if you are copying music, games etc to sell to other people then that is clearly not a fair use of your copy. If you are simply allowing people to search for some text in that music or those games then that probably does constitute a fair use of your copies.

      The point is this, you can copy anything you like provided you have a fair use for the copy but you cannot copy anything or distribute the copies if you are making fair use of your copies.

    82. Re:You are confusing two issues by Dulimano · · Score: 1

      Let's change every single mention of "book" to "web page" in your post, and adjust the last sentences accordingly:

      "I have built a web page X recently. They have an entire copy of my web page sitting on their servers. (It may in fact be an index and hence a derivative work from which the complete original can be constructed, but that is still subject to copyright.) They are using their complete copy of X to make profit. I don't see a penny of this except maybe occasionally they link to my web page. And there's certain no law that compels me to accept web traffic in recompense for abuse of my copyright."

      My non-rhetorical question: is (classic) Google Search a fully opt-in system? I didn't read any relevant legal documents, so I honestly don't know. Maybe it is a two-level opt-in system, where individual content owners (say, bloggers) give explicit permission for the site owner to give permission for google to index and cache their content? Exactly what rights are granted to Google this way?

    83. Re:You are confusing two issues by bitingduck · · Score: 1

      Google is working closely with several major libraries to do this. Do you think those libraries aren't actively involved? It's not like Google is sneaking in with a photocopier and making illicit copies- the universities are active participants and have, no doubt, had their lawyers look over everything pretty carefully.

      I'm sure one of the incentives for their participation is that they'll get backups of their entire libraries at little or no cost to them. A fire in a library can be devastating, and would likely leave the libraries with zero copies of many of the books. In addition to this, the libraries are getting indexes of the contents that are *way* better than the old subject cards in the old card catalogs. Without the G-factor, this is a library user's wet dream. With it, it offers the same index to everyone in the world and leaves it to individuals to get ahold of the books.

      The books were all legally obtained by the libraries Google is collaborating with.

      The copy Google is making isn't "sitting on the shelves". There's a small window to it in the "card catalog" that lets you see the couple of sentences (or maybe pages) relevant to what you're searching on.

    84. Re:You are confusing two issues by Dashing+Leech · · Score: 1
      "Who the hell are Google to decide what's 'good' for the author"

      They're not doing it for the authour. Obviously they're doing it, ultimately, for themselves. That it is useful to authours in addition to users should make it less controversial. A better question is "Who the hell are the authors to decide how their works can be used?" The idea of owning an idea or expression of an idea is absurd, un-natural, and counter to societal progress. Did you miss the grandparent post including the Thomas Jefferson quote? Google is doing exactly what IP law exists to promote.

      "...why is it greedy to want to be the one who determines how what you created should be used..."

      Because ideas and expressions are the least natural thing that fits the concept of ownership and control. It's counter to the public good and progress. It is only supposed to be allowed for a limited time (which is arguably effecitvely unlimited now) to provide incentive for creators to make their works public for all to benefit from, not just them. Taking things away from others for your own gain is exactly what greed is.

      "... and perhaps why it shouldn't be used to generate revenue for someone else"

      Which, again, is the point of IP law. Authors creations have stimulated the progressive creation of a convenient, easy to use, searchable index database of all such works. The point of IP law is to stimulate such progress for the good of the public whole. Those who are trying to stop this are acting counter to the intention of IP laws in the first place.

      Funny that all of this was explained up about three levels and you missed (or ignored) them all.

    85. Re:You are confusing two issues by Dashing+Leech · · Score: 1
      "Legally, I wouldn't be so sure. But IANAL."
      "...they might have the letter of the law with them."

      Yes, I agree the letter of the law might be with the authors, though it's a bit of a gray area here. My point was that the law has been subverted from the intention of such laws and what Google is doing is exactly what they were intended to promote. It's a shame, especially if the authors win.

      As a bit of an aside, I'm wondering if such laws are consitutional. While Eldred v. Ashcroft lost the constitutional fight on the grounds that Congress can only create such laws for a limited time and they are effectively unlimted now, I think the better argument is that Congress is only allowed to create such laws "To promote the Progress of Science and useful Arts" (Clause 8). If Google is stopped it is a clear demonstration that the laws violate this principle and are therefore unconstitutional. IANAL either, but the principle is quite clear in layman's terms, and even in Eldred the judges hinted to Lessig that he might have a better chance by arguing this over the "effectively unlimited" theory, as he outlines in Free Culture.

    86. Re:You are confusing two issues by 99BottlesOfBeerInMyF · · Score: 1

      If I remember correctly, in the Arriba case they only served up thumbnails, and they served up the same thumbnail to each viewer.

      Actually they did serve up different thumbnails of the same image at different times, but you are correct in that they did not serve up bits that could be used to reassemble an entire work. Of course it is not clear that Google will ever do that either, and it is much less likely that the courts will find Google is doing so in a manner that will both allow someone to reassemble an entire work and that that will affect the commercial market for buying that given work. This falls under the categories of market effect (seems good to me) and quantity (which is judged per publication, not en masse).

      Arriba used thumbnails for commercial benefit. Google use the entire text for commercial benefit. This is a highly non-trivial difference.

      Except you are not thinking of this in terms of the the fair use criteria. Is Google's purpose for the work the same as the copyright holder's? Google is making money helping people find relevant works, while the copyright holder is selling copies of the work. That is a completely different purpose, which is the criteria upon which this aspect of fair use is evaluated.

      Consider reference works. Owners of such books rarely read the entire book. Over their lifetime they may only read a small fraction of the book. But they might not know in advance what sections they will need (Who knows what works you'll look up in a dictionary before you get it?). Owning the book is valuable because at any time you know that whichever snippet you want, it's available in the book, even though over a lifetime you only use a handful of snippets.

      OK, the value of a reference work is in being able to look up given pieces of the book, but ones not known beforehand. Google will serve up given pieces, but only a few of them to a given person unless that person changes IP addresses and deletes cookies in order to hide their identity. (At which point it is arguably not Google's responsibility since they are making an effort to prevent wholesale copying and easier methods are available.) So Google's purpose is to help someone find the work, and they do not provide the same amount of functionality as owning the work. Now consider an article about how common use and dictionary definitions differ. This article might use the phrase "Webster defines $foo as..." multiple times, but that is certainly fair use of the work, even though they are presenting entire, valuable chunks of the work. It is not the usefulness of the information that matters for either the article or Google but the amount of the work compared to the whole (according to the fair use criteria).

      I understand your points, and I believe most copyright holders of reference works like dictionaries and recipe books will opt out of this system, but lets face it, anyone who wants to look up a dictionary definition or a recipe and is willing to use Google print, can find just as much information by just using Google search. I think you really need to look at what Google is doing, what Arriba Soft did, and then compare them based upon the fair use criteria, not upon other random differences.

    87. Re:You are confusing two issues by StopSayingYouSir · · Score: 1

      I agree, this is an unusual move, and opt-in would not be a problem. But Google argues that for older books (which are the only ones they are focusing on scanning right now), it's prohibitively difficult to figure out whose permission you need. In many cases, the original publisher no longer exists, and it's very time-consuming and sometimes futile to try to figure out who actually owns the copyright today.

    88. Re:You are confusing two issues by StopSayingYouSir · · Score: 1

      Obviously, opt-in is the safest route. You're not paying attention to what I'm saying: Providing an opt-out is better than NOT providing an opt-out.

    89. Re:You are confusing two issues by Simulant · · Score: 1

      /I wouldn't say that. If so, why are they suing to /stop/ the process, not /suing to ensure they all get royalties? Good point. It seems like it would be difficult to determine what royalties are owed and to whom. I don't fully understand their motives even after reading what they say. I don't see what they lose.... except maybe some control but I'd argue they don't really have that to begin with. Just because the law says you have it doesn't make it so. There also seems to be something of a "if I'm not making any money off it, I'll mnake sure one else can either" attitude as well which just doesn't make sense to me. A publishing company's opposition is more understandable. Assuming they own most of the rights to the works the publish (and I'm assuming the industry is similar to the movie and record industries, in this respect), as large coorporate entity they are in a position do do the same thing that Google is doing at some point in the future and reap the benefit themselves. They may just be trying to stave off the inevitable until they come up with a way to do it or something similar themselves. But individual authors? I really see no logical reason to oppose this.

    90. Re:You are confusing two issues by Darius+Jedburgh · · Score: 1

      Well I certainly look forward to seeing the outcome of any court cases that arise and seeing the discussion that follows!

    91. Re:You are confusing two issues by Pofy · · Score: 1

      >Actually, they are purchasing books. Actually, they are purchasing books.

      I was talkinbg about the scanning of them which appearantly is what they are doing. How they got the books initially I don't know and is quite irellevant.

      > I'm absolutely free to copy any portion of a book that I own onto my personal computer for my
      >purposes, whether I'm reviewing it, quoting it, citing it, or simply writing a portion of it in an
      >email signature.

      When making copies, there are, if we stick to how it works in US, several things to consider which are covered under the "Fair use" paragraph of the copyright law. It determines if it is ok or not. Factors include how much of the work you copy, so for example, copying a small fraction for a quote is clearly different from copying the whole book (which appearantly Google is doing). If it is for comercial reasons or not is a nother factor, hence as a private person you can in that aspect do more than for example google (which I believe is even on the stock market).

      >As long as they're not reproducing the entire work for profit,

      You mean as in scanning the whole book? To offer a service for people and advertisers so they, as a company on the stockmarket makes enough money to satisfy their stock owners?

      >or more subtly, as long as they're not reproducing the entire work to cause the copyright holder to >lose profit,

      That is quite irellevant, you can commit copyright infringement even if there is no economical impact on the copyright holder, although it is a further factor you use to consider fair use. Why not go and read it? There are numorous links to it in this thread.

      >Lemme put it another way: Until a copyright holder can prove beyond a reasonable doubt that properly
      >citing their work on the internet causes them a loss of profit, then there is no argument.

      The issue is not them puting out quotes, but making copies to start with (and a s comercial company to start with).

    92. Re:You are confusing two issues by Pofy · · Score: 1

      >Once again you are totally missing the point here, if you are copying music, games etc to sell to other
      >people then that is clearly not a fair use of your copy.

      Who said that? Were did I say I should start selling them? I specifically said it was for the purpose to make an index for people to search about the game!!!!! It will include searchable things like what you can and can't do in the game and so on. I will further extend it to have a music index. That means I can now safely download any music appearantly, trhy to tell that to RIAA for example.

      You are looking only at what you do WITH the copy, that can of course in itself be a copyright infringement, and can be looked at from a fair use perspective. But the copying in itself is also such a case (and it doesn't nessecarilly matter what you eventually want to do with the copy. The act of copying itself is copyright infringement, and if you want to claim fair use, you have to look at the copying. How much of the work was copied, for google there is problem because apperantly they copy the whole thing (by scanning). Is it of comercial nature, again, google has a draback compared to me, since they are a company on the stockmarket, they are commercial by nature. And so on. What they then do with the copies is naother story.

    93. Re:You are confusing two issues by CmdrGravy · · Score: 1

      I think you are living in cloud cuckoo land with your index idea. You can easily create such an index without copying anything about the game, unless you have some very sophisticated software you've written yourself you are going to be able to tell very little about a game by examining the executable file. The same applies to your music, just what exactly will people be searching for which you can determine from an MP3 file ? So what you are actually doing is erecting a very flimsy cover story to engage in piracy and quite rightly this would be illegal.

      Your second paragraph is simply wrong, the act of copying is not copyright infringement if you are making the copy for purposes covered by the fair use clauses. You cannot seperate the act of copying and the use to which the copy will be put because to do so simply makes no sense whatsoever.

      Lastly, it is highly unlikely that Google would even consider this project without taking legal advice, clearly their legal advisors have given them the go ahead so they must believe that what they are doing is arguably legal.

    94. Re:You are confusing two issues by Pofy · · Score: 1

      >I think you are living in cloud cuckoo land with your index idea. You can easily create such an index
      >without copying anything about the game,

      I think you fail to see my point. In any case, why should I not be allowed to do it if Google is? What is the diference?

      >The same applies to your music, just what exactly will people be searching for which you can determine
      >from an MP3 file ?

      Who talked about mp3? Just as with books, people should search, it is an example. My point is, just because you make some index for people to search, doesn't mean you are suddenly allowed to make copies at will and that it is no longer copyright infringement. So ignore exactly HOW I would technically do searching and so on.

      > So what you are actually doing is erecting a very flimsy cover story to engage in piracy and quite >rightly this would be illegal.

      Why? You mean I have to spell out the technicallites and show you a program that index it and so on just to be able to argue that if it is OK for books, it seems to be for music and games too?

      >Your second paragraph is simply wrong, the act of copying is not copyright infringement if you are
      >making the copy for purposes covered by the fair use clauses.

      Ehh, exactly, that is what I said. Sorry if it is not clear.

      >You cannot seperate the act of copying and the use to which the copy will be put because to do so
      >simply makes no sense whatsoever.

      Of course you can. The act of copying is that the copyright holder has an exclusive right. It is the act of copying that can be a copyright infringement, not whatever you later do with it (except if that is ALSO an act of copyright infringement.

    95. Re:You are confusing two issues by CmdrGravy · · Score: 1

      Your argument hinges on your theory that you are not allowed to make copies of anything without the copyright holders express consent and that should you be permitted to make any copies you can use parts of those copies according to the fair use guidelines.

      ( This is obviously different from the accepted theory that you can make copies of anything without the copyright holders express permission provided you use your copy in accordance with the fair use guidelines. )

      According to your theory all internet search engines are illegal since they all make copies of copyrighted material without the owners express permission and then make use of that copied material in accordance with fair use guidelines.

      So perhaps you can explain how Search Engines in general are not breaking the law ?

    96. Re:You are confusing two issues by Pofy · · Score: 1

      >Your argument hinges on your theory that you are not allowed to make copies of anything without the
      >copyright holders express consent and that should you be permitted to make any copies you can use parts
      >of those copies according to the fair use guidelines.

      No, I do not. I fail to see how making a copy of an entire work, on a large scale and for obvious comercial purposes, by a company on the stock market, can fall even close to fair use.

      >According to your theory all internet search engines are illegal

      Now you are applying false logic or did not understand what I wrote. I have never claimed that. I am coomenting on the COPYING, not having a search index, which are not nessecarilly the same.

      > since they all make copies of
      >copyrighted material without the owners express permission and then make use of that copied material in
      >accordance with fair use guidelines.

      I don't know, but as far as I know you don't need to make copies to index a page available on the net (as oposed to books which are not). Of course, if search sites in addition keep copies of webpages on theor own servers, then yes, THAT would be infringement, just indexing and allowing people to search would of course not.

      >So perhaps you can explain how Search Engines in general are not breaking the law ?

      By not making infringing copying of works?

  75. Washington TIMES, not Post by billybob2 · · Score: 1

    this is the Times not the Post.

    Quite right, sorry for this confusion!

  76. behind all the rhetoric by idlake · · Score: 1

    Behind all this rhetoric is actually the opposite of what Barr and Schroeder say. They are not afraid of Google scanning their content; the opt-out provision is trivial for big publishers to deal with. If Houghton-Mifflin doesn't want any of its books scanned, a single letter suffices.

    No, what they are afraid of is that with an opt-out policy, Google will pick up lots of content that they don't control and that provides cheap or free alternatives to what they sell at inflated prices. They rightfully fear for the businesses they represent, they just fear for it not because of copyright violations, but because of all the competition that actually exists but that is still hard to find at this point.

    The kind of transparent rhetoric that these Washington has-beens are using, like referring to Google's search index as a "free online library" and to Google's quite defensible fair use arguments as a "license to steal", is almost amusing at this point. That kind of talk only reveals that much more clearly how political and out of touch these people are. Fortunately, their efforts are ultimately for nothing: CNN and big publishing houses will hit their trees, too, no matter what rhetorical or political stunts their hired help tries to pull.

  77. Re:Run for the hills! by WindBourne · · Score: 1
    A pig just flew out of my ass!

    Ah. and sadly, that explains goatse.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  78. Re:To the rag that is the Wash. Times: Let them sc by gkuz · · Score: 2, Informative
    The other is only slightly better than a tabloid.

    Tabloid is a term of size, or physical format. It has nothing to do with content. Not having seen the paper in question, I can't say which it is, but, for instance, The New York Times is a broadsheet, and The New York Post is a tabloid.

  79. Is it always in the interest of content providers? by Anonymous+Brave+Guy · · Score: 4, Insightful
    When someone puts something on the Web, they have agreed to try to make it visible,

    ...on their web site...

    and Google is serving their interests by making it more visible.

    But who are we to say that for someone else's material?

    It's very easy to take the public-spirited view in any intellectual property debate, be it on copyright or patents or whatever. Allowing anyone to control access to or use of information is (almost) always against the public interest in any isolated case and once the information has already been published. But you have to consider the bigger picture, which is why concepts like copyright exist in law.

    Personally, I agree with the original reply that started this subthread: things like Google Cache and the Wayback Machine are on very dubious ground, both legally and ethically. It isn't a no-brainer that these caching systems are of benefit to the original creators of the material. I've enumerated some reasons that I believe this before, but probably the three most important are:

    • potential financial damage (for example, not seeing ads on the original site)
    • potential disruption of feedback (not getting an accurate idea of numbers of page impressions, click-throughs, referrers, etc.)
    • presenting out of date or incorrect information that's been removed from the real site.

    Caching/archival services disrupt all of these things, potentially damaging the interests of the content provider. Those interests are protected by copyright to encourage them to offer the content to the public in the first place, and thus I have a problem with violating the letter and/or spirit of copyright law to set up a cache. If you want to offer such a service, by all means do, but make it opt-in; "You can just disable it with robots.txt/by e-mailing us at.../by setting up a password" really isn't good enough.

    Although commercial entities can be killed off by the unfortunate side effects of dubious caching, this isn't automatically a money issue, either. For example, I help to run a relatively large web site for a local club, and we rely on server logs to see which links visitors do and don't follow and which pages they want to get to from which other pages. We use this information to improve the links and menus on our site. We have no commercial stake here; this is a non-profit organisation, providing the site purely to help our members and anyone else with common interests. However, if everyone started seeing our site indirectly via Google Cache or whatever, we couldn't do this because our server logs would be empty, and therefore we couldn't continue to update our site to better provide for our visitors.

    We also update our content regularly, sometimes even providing information in an afternoon that's relevant only to the same evening. Yes, we make mistakes occasionally too, and have to fix them. Having a cache that's out of date by even a couple of hours could spoil a whole evening for one of our members who missed a last-minute announcement or saw cached data that was copied while there was a mistake on the site that had since been fixed.

    None of this is in either our interests or that of our members/random visitors interested in our stuff, and there's not a single financial consideration in any of the above problems. So no, Google Cache isn't automatically serving the interests of either the copyright holder or the general public, and more to the point, it's not up to them to decide what's in the best interests of others and whether it's OK to break the law on that basis.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  80. Funny things about those libraries by kwhite · · Score: 2, Insightful

    There is a funny thing about those libraries - They actually had to buy or have all of those books donated. That is one of the things the Carnegie institute does. It helps libraries purchase and keep there books up to date.

    Another thing about libraries - Only ONE person can take a book out at a time or even use it to do the research. Now if a library has multiple copies of a book because it is popular then multiple people can do that.

    Also as for copying, the libraries I have gone to always have those nice little signs that say photocopying a book is wrong and should not be done. Hmmmm I wonder why, maybe because they are protecthing themself from copyright lawsuits.

    So please do not tell me that Google and the libraries are the same.

    Ken

    1. Re:Funny things about those libraries by po8 · · Score: 1

      "There is a funny thing about those libraries - They actually had to buy or have all of those books donated. That is one of the things the Carnegie institute does. It helps libraries purchase and keep there books up to date."

      And what, you think Google can't afford to buy all the books they're indexing? They probably won't choose to unless a court tells them they have to, but it can't represent a huge financial barrier to a company Google's size.

      "Another thing about libraries - Only ONE person can take a book out at a time or even use it to do the research. Now if a library has multiple copies of a book because it is popular then multiple people can do that."

      Here's another thing about Google's books. NO ONE can check out the books or even use them to do research. The library service comparable to Google's is arguably the card catalog. As far as I know, anyone can take as much of that home as they care to make copies of.

      "Also as for copying, the libraries I have gone to always have those nice little signs that say photocopying a book is wrong and should not be done. Hmmmm I wonder why, maybe because they are protecthing themself from copyright lawsuits."

      Gee, sure would be difficult for Google to put such a notice on its web site. Assuming that there's some legal or ethical requirement for propagandizing your patrons about US Copyright law, which isn't true last I checked. (Maybe you'd also like to see little anti-counterfeiting signs in art-supply stores, "to protect themself from copyright lawsuits"?)

  81. WHO CARES? by Anonymous Coward · · Score: 0

    Who cares, as long as they are not distributing them?

    As far as I'm concerned, they could make billions of copies, and schred them, or put them on servers where people can't read them anyway, and it wouldn't make any difference. Noone is losing any money on schredded or otherwise inaccessible copies.

    No, this is about something different. It's about stopping the project, because if people get used to use google to search for books, books that aren't indexed might as well not exist, because people can't find it. So, opting out is not going to be an option, unless everyone else does it too, especially competing publishers and authors.

    If the small publishers books get indexed, and not the big ones', guess which books are going to be found once people get used to entering a few keywords instead of manually looking through 50 books.

    So, why do they want to get out of this in the first place? Because they know that the reason they sell more books aren't the quality of their books, it's their size. "Britney Spears syndrome". You won't find all the books from all the small publishers and authors in a book store - some may be in one book store, and others in a different one, but Harry Potter is in all of them. Now, imagine what happens when people start searching on Google Print, and find a book from a small publisher they like better than Harry Potter... Yep, people start buying it.

    Two words: Competition. Control.

    Google Print is going to get us more of the first, but the publishers want more of the second.

    1. Re:WHO CARES? by interiot · · Score: 1

      As the My.MP3.com lawsuit showed, the judicial system cares. My.MP3.com was a service that was apparently beneficial to consumers and producers alike, yet MP3.com went out of business based on the specific wording of fair use law.

  82. Re:To the rag that is the Wash. Times: Let them sc by Kohath · · Score: 1

    The Washington Times != The Washington Post. One is a bastion of DC journalism. The other is only slightly better than a tabloid.

    Look, The Washington Post is so biased that they covered the historic democratic adoption of the Iraq constitution -- the most significant Middle East event since the Carter Administration -- on page A13, but you're still being a little too hard on them.

  83. Re:To the rag that is the Wash. Times: Let them sc by Anonymous Coward · · Score: 0

    You suggest absolving the publisher in favor of letting all blame ride on the shoulders of the author.

    We wouldn't be having this discussion if it weren't for the publisher. Who's responsible for making the author's words a matter of public discourse? Aren't they also fair game?

  84. Don't make jokes by nine-times · · Score: 4, Funny
    Their absolutely right! No one is going to try to write anything creative anymore. In fact, I was right about to finish writing a book, but now that I found out someone might read something I wrote without paying, I'm just going to trash the whole thing.

    So, now how do I get paid for writing this post? I don't? All right, that's it! ^H^H^H^H^H^H^H^H^H^H^H^H^H^H^H^H^H^H^H^H^H^H^H^H^H ^H^H^H^H^H^H^H^H^H^H^H^H^H^H^H^H^H^H^H^H^H^H^H^H^H ^H^H^H^H^H^H^H^H^H^H^H^H^H^H^H^H^H^H

  85. Devaluing content? I don't think so. by saltydogdesign · · Score: 1

    The key shortcoming of the point of view expressed in the article is this: the writers assume that increasing the availability of so-called "content" reduces its value. Their attitude is solely based on the notion that intellectual products are commodities -- that communication and language are commodities, and that, as with other commodities, limiting access to them increases their value.

    I disagree. I believe the value of a book *increases* as more people read it. Imagine if Hamlet was only known to a handful of people in universities or think tanks. Would it be of greater value? Of course not -- part of its currency lies in the fact that *everyone* knows the story. Anyone can quote it. Anyone can make allusions to it. And the fact is, people are still making tons of money off of it, in live performances as well as several major films (at least four in the last ten years).

    What Google is doing is exactly what technology has always done -- increase the capacity for human communication.

    It's ironic, really, that the authors can make this argument considering that we wouldn't be reading or discussing it were it not available for free online.

    --
    // This is not a sig.
  86. Re:To the rag that is the Wash. Times: Let them sc by anaesthetica · · Score: 1

    The Washington Times was created to balance out the Washington Post. But it's because there used to be a newspaper on the right in Washington for a long time, the Washington Star. During the era of media consolidation, the Post bought out the Star, promising to represent both sides, and then manifestly not doing so. Thus the Moonies, for whatever lunatic reasons of their own, decided to fund the creation of the Washington Times to fill the void left by the Star. However, the WTimes has lost money every year since it was launched--it's more like a charitable venture than a newspaper proper.

  87. and see what are they doing with music! by Anonymous Coward · · Score: 0
  88. My heart bleeds for them by squoozer · · Score: 1

    No honestly it really does. Bleed bleed bleed that's all my heart does does simply because they are unable to see beyond the bottom line.

    It would seem that publishers are finally waking up to the fact that their dead tree editions aren't what everyone wants and aren't necessarly the best way to present the data. For a long while now you have been able to get scanned books but the effort of scanning them restricts the number. I can't wait for the day when we have properly searchable e-books in mass (along with a decent reader). I forsee that the effort and pain required to drag the publishing industry into the electronic age is going to be 1000 times greater than that required to drag the film and music industry into it.

    --
    I used to have a better sig but it broke.
  89. Re:To the rag that is the Wash. Times: Let them sc by Jurph · · Score: 1
    "Google envisions a world in which all content is free; and of course, it controls the portal through which Internet user's access that content. It would completely devalue everyone else's property and massively increase the value of its own."


    Any newspaper whose editorial section contains apostrophe-plural errors clearly needs new editors. I thought this was a Slashdot typo, but it appears in the online article as well. If you can't see why the above text is in error, here's a handy guide to apostrophes.

  90. It's amazing how many posts are just WRONG! by Agent0013 · · Score: 1

    It amazes me how many people here have posted about how you will be able to read the whole book online, or how it is like a library that lets you read the book for free. Google does not intend to let you view the entire book. Only a small section, a few lines of text or at most a page. If you want to read the whole book you will need to buy the book. In the end it will probably create more sales for books that people found where they would not have ever discovered the book before. It is the same issue that the RIAA/MPAA has! It has nothing to do with piracy or copyrite violations. It has to do with control. If you can search for the books you want to buy then you won't buy the books they want you to buy. They want to keep control of the method that people learn of book through, thus controlling the books that get purchased. It is about control, it is always about control!

    --

    -- ssoorrrryy,, dduupplleexx sswwiittcchh oonn.. -Quote found on actual fortune cookie.
  91. Google = 21st Century Library by Kope · · Score: 1

    Gee, isn't this the same argument publishing cartels had about public libraries a few centuries ago?

    "Hey, we'll only sell a copy of our book to the library, and everyone else will just go there and read it for free. No fair! Stop!"

    Yet, amazingly, somehow content still got produced all these years.

  92. Reproduction by libraries and archives by sweetnjguy29 · · Score: 1

    Libraries and Archives have a very broad right to archive one copy of a work, so long as certain conditions are met. See http://www.copyright.gov/title17/92chap1.html#108 . Google is merely helping these libraries electronically archive their materials in a searchable format that anybody can access. The libraries aren't allowing multiple people to borrow more than one copy at a time. They are allowing mulitiple people to browse a very advanced card catalog system that contains small excerpts. At least, that is my take on it.

  93. How does free equal no creativity ??? by Bluesuperman · · Score: 1

    I do not see how, if Google's main objective was to make everything in the future free that would hurt creativity ? You would think that with access to all those reasources change and creativity would occur sooner rather then later. Michael

    --
    Linux: For those able to think out side of a window
  94. By the Throat by cmd · · Score: 1

    IIRC, Google intends to scan and store the entirety of all books and promise to only display small parts of them. The publishers' objections are that once that data are compiled Google will forever have the publishing industry by the throat with the ability to change, without notice, the definition of small parts.

    Having one's entire livelihood held hostage by a stranger who says "Trust me, I mean no evil" is a sword of Damocles that any sane person would want to avoid.

    Is Google's plan popular with the general public? Sure, the same way Napster wildly popularized a new distribution mechanism (wholesale theft) of copyrighted music. I'm sure I would use it if it were available. Is it legal and ethical? Smells fishy to me if it is done over the objections of the owners of the material.

    1. Re:By the Throat by mpapet · · Score: 1

      Yes, those are the concerns but sharing a book and sharing an MP3 is not the same thing. It's not even close.

      -Is a user going to print all the pages of the book on their inkjet? No.
      -Is the user going to read the book on a monitor? Most likely no.
      -Will the user be able to "turn" the pages of google's indexed version of a book? It's reasonable to assume they can't and Google won't have that kind of functionality. It would rightly inspire the full-force of publishing litigation.
      -At worst they are stimulating demand for books.

      Your comments associating this project with theft are tactless.

      --
      http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
    2. Re:By the Throat by Anonymous Coward · · Score: 0

      -Is the user going to read the book on a monitor? Most likely no.

      E-Books are becoming increasingly popular and valuable part of any publishers business model. So yes they will. Anybody who thinks otherwise is missing the point of E-Books. And this is especially true for things like text books, comics, any kind of 'disposable' book that a user might only want to read once. Why ever go to the publisher when you can go to the 'Googled' version. See below on the 'entire' issue.

      -Will the user be able to "turn" the pages of google's indexed version of a book? It's reasonable to assume they can't and Google won't have that kind of functionality. It would rightly inspire the full-force of publishing litigation.

      And we all know how difficult it's been to use google to do things like find gas stations using google maps and google. Or how difficult it is to find out a plethora of information on individuals using google. I find it hard to believe that the 'hacking' community will not have an application up within days if not hours that hacks google print and provides the entire book by stitching togethor 'snippets' of google print.

    3. Re:By the Throat by tgibbs · · Score: 1

      IIRC, Google intends to scan and store the entirety of all books and promise to only display small parts of them. The publishers' objections are that once that data are compiled Google will forever have the publishing industry by the throat with the ability to change, without notice, the definition of small parts.

      This seems kind of silly. Google doesn't establish some kind of "squatter's rights" by doing this. There is nothing to prevent publishers from suing at a later date if Google increases the size of the snippets displayed. It is the courts, not Google, who will decide what constitutes a small part.

      Smells fishy to me if it is done over the objections of the owners of the material.

      But in fact, nothing is being done over the objections of the owners. If any owner objects, Google removes their material from the archive. So the real concern is that it is being done over the lack of objections of the owners.

  95. Worst. Abstract. Ever. by krady · · Score: 1

    You use isle where you mean aisle and you leave in user's where you mean users.

    Sharp

  96. Crushing Creativity by PGC · · Score: 1

    Not only is Google trying to rewrite copyright law, it is also crushing creativity. If publishers and authors have to spend all their time policing Google for works they have already written, it is hard to create more. THAT is his argument as to how google crushes creativity. It is then hard to believe there is any creativity nowadays at all. You have to scan billions of sites to see if they have or have not published any of your works without your permission. I call bs.

    --
    The Dutch will inherit the earth. If not, we'll settle for a bit of ocean. Beta delenda est!
  97. Google parasite by katorga · · Score: 0, Flamebait

    Google provides zero payment to the content creators. If their is no content to search for their is no advertising revenue at Google. Google's business model depends on the un-compensated work of others.

    At the end of the day, Google is nothing more glamorous than a direct marketing firm. That alone is enough to classify them as Evil.

  98. R.I.P. Copyright by dada21 · · Score: 4, Insightful

    As a writer and content creator, I'm a rarity -- I hate copyright.

    Why do we need it? I learned in business never to write or say anything proprietary that you don't want others to know.

    Copyright is basically using the force of government to enact a monopoly on thought. I'm not sure the process of thought should be regulated or licensed.

    The web's easy access to millions of commercial (ie, for profit) copyright works "for free" proves why copyright is outdated: people still buy content they could download freely.

    Why do people buy versus download?

    1. They appreciate the author's work and want to compensate them.
    2. They want to support the author's future work.
    3. The time-requirements or download quality is wors than buying the author's version.
    4. They're afraid of government force.

    I doubt the last is a big reason.

    I'm 31. I buy content as its time-cheaper than downloading. For the youth, the reverse is true. The major pirates can't vote, can't sign a contract and can't get credit. 6 years of "piracy" can set up their preferences for 50 years of purchasing.

    I say use the web to set up your future customers. Dump copyright.

    1. Re:R.I.P. Copyright by nunchux · · Score: 1

      Why do we need it? I learned in business never to write or say anything proprietary that you don't want others to know.

      Copyright is basically using the force of government to enact a monopoly on thought. I'm not sure the process of thought should be regulated or licensed.


      I think you're wrong about the government's intent, because copyright law is fundamentally a protection available basically for free to anyone who has an idea. A penniless nobody working in obscurity has as much right to copyright a story he writes as Disney does to their latest movie.

      I'm NOT a content creator, but even I can see that copyright law serves a much-needed purpose. Yeah, it's too far-reaching right now and we need a much shorter term before it hits the public domain, but it does protect the creator's vision and intent as much as their right to profit from their creation. Meaning someone stronger (financially or otherwise) can't swoop in and put their name on something you create, or chop it up so much without your permission that the orginal meaning is changed or destroyed. Or make a profit without negotiating to give you a share.

      These things may not seem important to you, but we live in a society where intellectual property has value-- potentially a LOT of value, and if there's a profit to be made I would hope the orginal creator would have a right to his or her share (as well as their say in what is done with their creation.)

    2. Re:R.I.P. Copyright by Microlith · · Score: 1

      Didn't notice this faulty gem:

      The web's easy access to millions of commercial (ie, for profit) copyright works "for free" proves why copyright is outdated: people still buy content they could download freely.

      Oops. Except that if copyright is gone, anytime someone makes something of value that people would want to buy, there'd be 100 companies that would pop up to duplicate and sell it. It'd be like hong kong where works made there generally don't make their money back cause for every store that sells legit copies priced to recoup costs, it sits along with a pile of bootleg copies sold by people who only had to pay to press the disc.

      Without copyright no one will pay a fair price. They'll either pay someone unrelated to the work that's leeching off of it or not pay at all.

    3. Re:R.I.P. Copyright by dada21 · · Score: 1

      But we already can circumvent copyright and yet we spend billions on legit purchases.

      How many artists are really protected by enforcing copyright? 50? 500?

    4. Re:R.I.P. Copyright by Anonymous Coward · · Score: 0

      it does protect the creator's vision and intent as much as their right to profit from their creation.

      Those two things are easily separable, though; we could simply have a system for identifying creative works without limiting their reproduction or use. Thus protecting the integrity of a creator's work is not an argument for copyright.

      Or make a profit without negotiating to give you a share.

      What profit would they make without copyright? Basically just the cost of media, so this is also not an argument for copyright.

      we live in a society where intellectual property has value-- potentially a LOT of value, and if there's a profit to be made I would hope the orginal creator would have a right to his or her share

      That something has value does not imply that there is "profit to be made."

    5. Re:R.I.P. Copyright by Anonymous Coward · · Score: 0

      Bravo. Attacking copyright itself is an unpoular position, but it's an argument that needs to be made, if only to remind people that intellectual property is only a legal construct (as is physical property, one could argue, but intellectual property is a far less natural one).

  99. Digital Library by bmh129 · · Score: 1

    These guys are getting worked up about something that was hashed out centuries ago. Even if Google offers completely scanned books online, how is that any different than a Library? People have access to free books in every city in the US, but Americans still buy books. Why? Because books are more convenient than even laptops. I say this while admitting that I am an electrical engineer who loves his technology. You just can't beat a good book. The only people that will NOT buy books are college students and rare, extremely frugal Americans. And they already have access to libraries anyway. The loss of revenue to authors and, more importantly to these two nimrods, loss to publishers will be negligible.

  100. You assume the Post is neutral. by jamesbrown1000 · · Score: 1

    "Add to that the fact that it was explicitly created by Moon to create an 'alternative' to the Post that was more in line with his own opinions. Which is just a wonderful premise to start a quality newspaper on. Not."

    It's long been established in journalistic history that newspapers always reflect the thoughts, passions and leanings of their publishers. Hell, many of the great papers of the western world were formed for that very reason, and the Post is no exception, though I do believe it's far more of a house organ for the ruling class of D.C. than for any one political viewpoint.

    Complaining that the Times is not a "quality newspaper" just because its publisher influences (or used to influence) its coverage ... well, maybe you should be complaining that Slashdot is incredibly biased against Microsoft and for *nix. I mean, it was created to be more in line with its editors' opinions.

    --
    Mindy: "Well...desserts aren't always right." Homer: "But they're so sweet!"
  101. Google lost to France by IBTSys · · Score: 1

    Google news no longer carries articles from various French publications after a copyright lawsuit was decided against them. With the handwriting on the wall, Google Base is a legal remedy in that copyrighted content is given to Google for free. Google only has a problem when it has to pay for copyrighted material.

  102. Re:Washington Times? That Moonie piece of crap? by Your+Anus · · Score: 1
    Well, this has to be one of the funniest things I've read in a while. Fix News and the Washington Times are basically GOP-controlled party news, and they are not above making stuff up (and not firing somebody for doing it).

    Just because the NY Times, CNN, the LA Times, and the Washington Post dare to print something other than Undying Praise for the Fatherland does not make them left-leaning. It makes them journalists doing their jobs. I think the non-U.S. news coverage of the same events is more aggressive, such as the CBC, the Toronto Globe and Mail, and the BBC. I take the truth as an average of these sources, along with some help from FAIR and the Columbia Journalism Review.

    If I want left-leaning, I can go to the Independent Media Center, the Alternative News Network, The Raw Story, or the Fifth Estate.

    --

    In the USA, we like stuff watered down, like beer, television, and freedom.
  103. How much should Google pay? by helicologic · · Score: 1

    I am essentially sympathetic with Google, and find most of the Barr/Shroeder piece to be rubbish. But there is a point lurking in there that needs to be addressed: What is the value to Google of each copyrighted work it has indexed?

    The value of each work, in the limit, is not zero. If each individual work added no value, then there wouldn't be any point in indexing that work; in the limit nothing would be indexed. So I've got to conclude Google does owe the copyright holder something, but it might be pretty small. It might be less than the value to a book-reviewer (for example) quoting a paragraph -- i.e. w/in monetary value limits of fair use.

    So how do you figure the value? First, it is a monotonic increasing function of the size of the overall index. A user gets more value by getting a hit in a big index than a small one. Next, the value is a function of the frequency of work's being returned as a search result. A user gets no value from a work that is never a search result. More precisely, it is a function of the frequency f and size n of result list, of the work being returned in a result list of size n (searching for "the" will bring up lots of hits, but the value of each hit is small). So if your work is indexed in a huge index, and shows up lots of times in small result lists, you have given more to Google than if your work appears in a small index, and only shows up few times, in big result lists.

    Google should be made to supply some real statistics on size of the index and hits per work; but my bet is that the monetary contribution of each work will be miniscule. Indexing does build on copyright holder's "value"; it's an empirical question whether it is fair use.

    1. Re:How much should Google pay? by IBTSys · · Score: 1

      Whatever the free market dictates. Some content may cost more because of its value in popularity. For example, The New York Times charges extra money to read some columns, but not all. Google can read and index a copyrighted page, but cannot make an electronic copy (cache) when doing so without prior written consent. The 'fair use' argument would be okay if indicated by the copyright holder in advance. The Google statistics would also reveal how much pornography they index - not a great public relations move for their stock.

  104. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  105. Re:To the rag that is the Wash. Times: Let them sc by Zacha · · Score: 1

    Not critically speaking. The opinions belong to the authors. That's the other sort of reason we're having this discussion.

  106. Google is not your friend by Clevo · · Score: 0

    I was intimately involved with Microsoft from 1986 into the mid 90's. I see far too many parallels between the then young Microsoft and the past few years of Googles growth. Google is planning on nothing less that total world domination, just as Microsoft was at the time and later (more or less) achieved. Have the public learned nothing from the past 15 years of Microsoft dominance? Being dependent on a large corporation as a single source for too many things is a bad idea in general and a worse idea when it becomes a single source for information (and being a single source for the *location* of information is almost the same).

    Yeah I need tinfoil hat, but late 80's or early 90's who thought Microsoft was going to become what they did?

    Repeat after me: Google is not my friend.

  107. Re:To the rag that is the Wash. Times: Let them sc by Anonymous Coward · · Score: 0

    > I think anyone who couldn't figure out that was sarcasm should be lobotomized.

    Riiiight. lobotomized?? And what does having sex with my love robot have to do with anything?

  108. Whole or part by PurpleWizard · · Score: 1
    That sounds a little like saying a critic who reads books to earn a living by writing reviews should only read bits of them to comment on and not the whole because to make a living that in some way involves the whole work is a copyright infringement?

    I suppose I'm thinking that if you have a book of 10 thousand sentences and you have 10 thousand people each knowing and answering (having memorised their line) questions on that line you don't infringe but a single person who knows all 10 thousand lines that ansers questions does infringe?

  109. pros? by midevil_culloden · · Score: 1

    Google is just emuling it while turning a buck through advertising. In our university library here, you are not allowed to photocopy entire books. That doesn't stop poor students from copying entire books and handing them out to classmates though. Maybe in the end, the easier access to books we've never even heard of before will increase book sales, just as other posters have noted. There is also gutenberg.org, which has thousands of books online for free--course, that doesn't include currently copyrighted material. And even with gutenberg.org around, people still buy those books for their home libraries. I dunno...

  110. I Support Google! by maverick529 · · Score: 1

    Couple of days back, I was searching for a topic called "Simulated annealing in VLSI". Ive searched in local libraries, but I couldn't find. "Simulated annealing" is a small topic and generally there won't be any seperate book for this. But the local library searches allow the search only by title, author etc. I searched for that in Google print and found many books, and I immediately bought two of those books. I don't know how book search can impact the authors, infact its the reverse. If it is illeagel, then lending books from the library should also be illeagel

  111. Totally consistent here by swb · · Score: 1

    Bob "voted out of office" Barr fits neatly into the "Republican shill for big business" category and Pat "Crocodile Tears" Schroeder fits neatly into the "Democratic shill for Hollywood interests" category.

    This is nothing more than two people stumping for their natural constituencies and using the "opposite side of the aisle" ruse to make it seem that agreeing on an issue must somehow represent some kind of transcendent truth.

  112. that is not so by WindBourne · · Score: 1

    Under fair use, you are allowed to scan/reproduce material for personal/business use (but you can not share it outside). In fact, you can scan all of it.

    Also, under fair use, you are allowed to create portions of it for any type of usage. Both of these were allowed for eons. The copy machine issue came up when somebody could copy a book, and then resell it. That is, that anybody could make money from it, if the copies cheap enough and the book expensive enough.

    But in google's case, they reproduce the entire book, and then make an index of it. Further they do not make the entire contents available to a single user.

    BTW, you can not be successfully sued over scanning a work, only by making it available , in full, for others. In fact, that is the premise of all the mp3 lawsuits. They are going after those that use p2p clients and are allowing uploading. If you do not upload (i.e. you leach), or do not know that it is occurring (you run Windows, and somebody put a virus in your system that uploads), then you are not liable.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:that is not so by Pofy · · Score: 1

      >If you do not upload (i.e. you leach), or do not know that it is
      >occurring (you run Windows, and somebody put a virus in your system that
      >uploads), then you are not liable.

      In many, if not most, countries you are commiting copyright infringment when you download as well and is thus liable. The reason you don't see much, if any cases about that is that it is next to impossible to find and/or catch people doing so since only the one you download from would know you are downloading. For uploading it is much easier to find/catch.

  113. Bookstores? by Anonymous Coward · · Score: 0

    Ummm.... what's the difference between me going to a bookstore and reading a few pages of a book before buying it, or going to Google Print, and reading a few pages of the same book before buying it online? Yes, with enough effort, I could just read the whole book on Google Print for free, but the last time I went to a bookstore, nobody cared when I sat down and read an entire book there without buying it.

    So, should books be sold in boxes that cannot be opened until after you have bought the item? And should we shut down all libraries? If anything, Google Print saves people time, and allows them to evaluate books without having to drive down to the local bookstore or library.

    You may argue that Google Print makes it easier to distribute electronic copies of a book... I guess one could take screenshots of all the pages, compress them, and distribute them as a "book". Well, I could do the same by buying a book from the bookstore, scanning it, and then returning it to get my money back.

    Recently, I have been buying more books thanks to Google Print, because it helps me evaluate books easily. The only copyright holders that should be worried are the ones that don't have books worth reading.

  114. Same with web pages by marx · · Score: 1

    Google has entire copies of web pages sitting on their servers as well. If indexing books is illegal, then so is indexing the web. So why aren't all search engines being sued in the same manner?

  115. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  116. Sounds Familiar by denverradiosucks · · Score: 1

    What's the big deal about Google doing this? Isn't that what a library was used for at one point? I never had to pay for anything there.

    Along the same lines, I heard about this device that allows people to listen to copyrighted music on broadcast frequencies for FREE! People get these devices called "radios" and can listen from inside their car. In fact, some of these carsThese devices are also widely available for home use where people can record the music from the radio onto small reel-to-reel "tapes". These tapes can be listened to in other devices with tape players. I can't believe that people aren't freaking out about this!

  117. Good grief! They make Google..... by 8127972 · · Score: 1

    .....sound like Microsoft! Sorry Washington Times, but They don't rule the universe (yet).

    --
    This is my opinion. To make sure you don't steal it, it's covered by the DMCA.
  118. transcoding by sacrilicious · · Score: 1
    Taking a none digital medium and transcoding it to digital

    Very minor and (hopefully) humorous nitpick: when the original medium is reality and the end result is digital, I believe the appropriate word would be "digitizing" rather than "transcoding"... but that said, I might be open to the idea of expanding the use of "transcoding" for non-digital material. "Hey Bubba, I just transcoded Minnie May into hamburger by using dynamite!"

    --
    - First they ignore you, then they laugh at you, then ???, then profit.
  119. Whatever happened to innovation in this country? by danpsmith · · Score: 0

    The thing that doesn't make sense to me is why there is all this talk about property rights all the time, and no talk about usefulness. Let's face it, the days of old for book publishing are or should be nearing their end in the same way the days of old for the music industry are. I personally find an indexed text of books more useful than having to search through books by hand or using blanket descriptions, many of which are misleading. Nobody ever looks at the evolution of technology for the evolution's sake. Instead they worry about making money before the chance for profit even exists. This is innovation people and in the end the money always works itself out. Google should probably pay a per-book fee in order to offer something in return, but it still remains that a digital catalog of the old paper books is a goal worth achieving. Instead of working against Google's idea, which in my opinion should be a common goal, they should get down to the brass tacks of what they need to make this work for all parties involved.

    --
    Judges and senates have been bought for gold; Esteem and love were never to be sold.
  120. Re:Washington Times? That Moonie piece of crap? by andyr0ck · · Score: 1

    i'm with you on your approach to taking various sources as a basis for an average. this has to be the only way of reading the news, i reckon, as long as you obviously take into account various 'slants' that they take and account for them.

    as an aside, i have friends here in the UK that won't take the word of the BBC because they feel it has issues with the government on journalistic freedom, etc.

    personally i'm with http://www.guardian.co.uk/ but hey, that's just my opinion. :-)

  121. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  122. Re:Run for the hills! by Arkiel · · Score: 1

    No, no, you see, that's the problem. This will make the books MUCH HARDER to burn.

  123. Re:To the rag that is the Wash. Times: Let them sc by Arkiel · · Score: 1

    Anyone recall the Pearls Before Swine cartoon, where Rat left the New York Times journalist position for a tabloid, and then quit that because the tabloid had scruples, and required multiple sources in order to justify an article?

  124. Browsing Google Print by Anonymous Coward · · Score: 0

    Wouldn't it be nice if Google would allow you to browse Google Print? One of the best parts of going to the library is being able to find a random book and browse it. Or to see what other people are reading...

  125. two cents. by kisrael · · Score: 1

    Two cents in:
    The article mains concern seems to be that Google's making money off of this stuff. It handwaves that "snippets" aren't well defined, and suggests they could be as large as a whole book. I call BS on that.

    The article completely bypasses the #1 thing Google is doing with this service...allowing people to FIND OUT what they're looking for in the first place. As long as they don't give away the whole shebang, I can't see why the authors find it so onerous.

    --
    SO YOU'RE GOING TO DIE: The Comic for Dealing with Death
  126. Re:To the rag that is the Wash. Times: Let them sc by tbannist · · Score: 1

    So basically, the Washington Times is a lot like slashdot...

    More like a Slashdot where only the trolls are allowed to post...

    --
    Fanatically anti-fanatical
  127. Civil disobedience? by Jerk+City+Troll · · Score: 1

    Perhaps Google is intending to invoke a legal battle over copyright law intentionally. There has been much discussion that unless someone with the resources and the determination to challenge bad copyright law (e.g., the DMCA) in court, such bad laws will never be over-turned. While this initiative produces some benefit to Google, it may ultimately be a public service as well.

  128. Seems pretty "fair use" esque to me by Antifuse · · Score: 2, Insightful

    Having played with it a little bit (they have it up here), a "snippet" appears to be a few pages in either direction of your search result. And they provide handy dandy links to purchase the book if you so desire. If I was a publisher, I would think this was a GREAT way to have people find my books... but then, I am NOT a publisher, so what do I know?

  129. What I can't believe... by tobiasly · · Score: 1

    I can't believe these two are actually authors and former Congressmen:

    Internet behemoth Google, plans to launch their Library project in November.

    Why the comma after "Google"? You don't separate a subject from its verb with a comma.

    It isn't up to the broadcaster to track down someone profiting from their work, why should it be up to publishers and authors to do so?

    This is a run-on sentence. You can't join two independent clauses with a comma.

    Google envisions a world in which all content is free; and of course, it controls the portal through which Internet user's access that content.

    User's what? In English, we pluralize "user" by simply adding an s. That's not what apostrophes are for.

    If this were a high school English composition, it would get a C- at best. Doesn't the Washington Times have editors?

  130. Re:To the rag that is the Wash. Times: Let them sc by Anonymous Coward · · Score: 0

    Google wants to abolish copyright laws. Riiight. (sarcasm)

    Ignoring the ad tabloidem, which bit of this doesn't make sense? Google doesn't need copyright laws, but they sure stand in its way. (Or not. The Google Cache blatantly flouts copyright law already and who's done anything about that?) I'd say rather than wanting to abolish the laws they simply want to continue ignoring them with impunity. This should not be allowed to continue.

  131. Can they do that? by krygny · · Score: 1

    "... a $90 billion company bent on unilaterally changing copyright law to their benefit ..."

    I didn't know a company could do that. I thought only legislators could do that.

    --
    Research shows that 67% of those who use the term "research shows", are just making shit up.
  132. FUD, delicious FUD. by Grendel+Drago · · Score: 1

    Shee-it, from all the racket, you'd think Google was planning to release full scans of every book in the world. Except it's not. It's going to release snippets. Tiny, tiny snippets. Snippets which will, in no case whatsoever, function as a replacement for the book. People will not, repeat not, go to Google instead of buying the book. They are attacking a straw man. Whether or not Google's uses are fair will be decided by the courts, but this is in no way the wholesale copyright violation they claim it to be.

    Bah, it's barely worth responding to this nonsense, except that people will believe it.

    --
    Laws do not persuade just because they threaten. --Seneca
  133. Re:Is it always in the interest of content provide by shanen · · Score: 1
    You quoted one sentence of my post as a decontextualized and conveniently divided straw man. The bulk of your "reply" was already substantively covered in the parts of my post which you elected not to quote. Are you being intellectually dishonest? It certainly appears to be Sophism.

    Or were you just using my post as a place to hang your ideas? In the later case, you should be more scrupulous about your misrepresentations or make it more clear that your post is *NOT* actually related to mine.

    Alternately, if you simply could not understand what I wrote, then you could ask for clarification.

    Since I feel you offered no new substance that was related to what I actually wrote, I now ignore your substance. I will only reiterate the main thrust of my post, which was that someone is going to use the Web to make more content available. If not now and not Google (probably Microsoft?) and not books, then later and someone else and other forms of content. The publishing industry as it exists now is doomed. Time does not run backwards, no matter how fervently the Busheviks pray for it to do so.

    --
    Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
  134. We are doomed by chrisnewbie · · Score: 0

    Google will develop a mind of it's own and probably launch a nuclear war soon.

  135. I think you're mistaken by blueZ3 · · Score: 1

    "...this is about power and control. The people who own the copyrights (rarely the authors) want to be able to say no"

    This is about power only as it relates to money. The people who control the copyrights aren't worried about "power" to say no, except as it relates to their ability to make money off the works they own. Having worked with publishers, I'd be pretty shocked if you found a publisher more interested in the power to say no than in the almighty dollar. In fact, I'd guess there is no such animal.

    Now, whether Google's (or anyone else's) efforts to make copyrighted materials freely available over the Internet will help copyright owners make money, or reduce their ability to make money, is a point that is still being argued. This could go either way, but I find it troubling that the "do no evil" company is so willing to push the limit of legality. Of course, I like Goog, but I'm not a mindless sycophant. Wouldn't it have been more appropriate to start with copyright-free works?

    Personally, I think that the answer to the money question is "a little from column A, a little from column B." In some cases, searchable texts will drive book sales. Even full texts can do so. In other cases, it could be that someone who might have purchased a work will decide not to based on free access to it. The Baen Free Library is a case in point, both ways. I have read some Sci-Fi books there that I now will not purchase (since I have already read them and found them only moderately worth-while). I have also purchased some books that are continuations of series that I started reading online.

    But seeing that this is Slashdot, I expect most opinions to be of the all-or-nothing variety.

    Dan

    --
    Interested in a Flash-based MAME front end? Visit mame.danzbb.com
  136. They didn't cry when... by Gribflex · · Score: 1

    They didn't cry when seach engines began indexing and caching web sites.
    They didn't cry when services like TurnItIn began to index and cache academic journals, libraries, papers, etc.
    They didn't cry when the synopsis of their papers were included in journals and library indexes across the world.

    But now they cry.

    What is all the fuss about? This is a natural extension to what has been happening for years. If the above three things are not considered copyright infringement, then neither should Google's index of all of these works. Indexing and caching material is not copyright infringement, it is the merely automating a process that we expect of all of our librarians already. (Please find me a paper relevant to subject X; where did this quote come from?; A friend of mine read this book, about this guy, with a hat and a cane... I think it took place in England, or... maybe Pakistan. What was it called?)

  137. Rewriting copyright law. by fuyu-no-neko · · Score: 1

    Not only is Google trying to rewrite copyright law, it is also crushing creativity

    We must keep in mind that this is a bad thing because... erm... the media corporations own the patents on "The rewriting of IP laws". Yes, that must be the point of the argument.

    --
    Don't take the above poster too seriously. He doesn't.
  138. Re:To the rag that is the Wash. Times: Let them sc by An+Onerous+Coward · · Score: 1

    That's a prescriptive definition, not a descriptive one. Descriptive definitions can best be defined as "what people are actually trying to say when they use a word." In everyday usage, "tabloid" has nothing to do with the physical dimensions or layout, and everything to do with sleazy, gossipy, unsubstantiated pseudo-news.

    You knew this already. So either you're trying to defend the newspaper in a dishonest way, or you're muddying the conversation by showing off your knowledge of irrelevant trivia. Trivia, by the way, actually comes from the Latin meaning "three roads". Wherever forks in the Roman road system occurred, bulletin boards sprung up, where people could post interesting bits of news that might be helpful to travelers.

    There you have it, your daily meta-trivia. Now, tell me, how does this knowledge help us distinguish the relative merits of the Washington Post and the Washington Times? It doesn't. Neither does your helpful information on tabloids. So next time, prepend your commentary with "irrelevant nitpick", and provide the wikipedia link. Don't pretend you're adding meaningfully to the conversation.

    --

    You want the truthiness? You can't handle the truthiness!

  139. Power hates education by Hosiah · · Score: 1
    Books made more readily available! More information in the hands of the masses! Yes, they might even start thinking for themselves, next! It's a guaranteed way I have of spotting a tyrant - how does he feel about my access to learning?

    I was already a patron of libraries. I've been regularly snarfing copies of online books, as well. And *any* service to get more print in front of my eyeballs with more convenience has my support. Yes, I produce content as well (pictures, not print) and Google caches my site. And I'm *happy* about that, because the cache is a handy fallback for when my host goes down (just as it is here when a page gets Slashdotted). And people never use caches exclusively - they're an alternative (since a cache is never as up-to-date as the page itself).

    Incidentally, here's some mud in the eye of the Microturfs who're always claiming that I think Microsoft is evil just because I "hate success" or whatever the nonsense line is. I'm 100% down with Google, because they just focus on DOING A GOOD JOB, instead of deliberately doing a shitty job and then trying to stop anybody else from doing anything at all!

  140. Crushing Creativity by Nom+du+Keyboard · · Score: 1
    Google trying to rewrite copyright law, it is also crushing creativity ...Google envisions a world in which all content is free

    Crushing creativity huh. Seems to be there are already about a zillion authors on the Internet who have never been paid a cent or seen a single page of their work sold as ink on paper, yet they continue to write and post. That's a starting point showing the garbage of the above contention.

    Also, some people are going to buy books into the foreseeable future regardless of any other way that they can receive the same content. I don't expect books to die anytime soon.

    So all this shouting "FIRE!" in the crowded theater about the end of creativity (yet once again folks) does not impress me in the least.

    There are people who create the way the rest of us breathe -- naturally, without seeming effort, and regardless of whether or not they are getting paid for it. And many share freely on the Internet what they cannot sell otherwise. To claim that people will only create if they're given a complete monopoly over it essentially forever (the Disney Corporation argument for copyright extension) is ludicrous (not the rap thug), and I refuse to be panicked or stampeded by it into yet more restrictions on the Public Domain, which is hurting pretty badly of late anyway.

    Besides, when was the last time a printed book installed a Rootkit onto your PC?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  141. Re:Is it always in the interest of content provide by Anonymous+Brave+Guy · · Score: 1
    You quoted one sentence of my post as a decontextualized and conveniently divided straw man.

    No, I challenged your initial premise, which was clearly stated (without further context) in your opening paragraph. Having undermined that point, much of the later content of your post becomes irrelevant. Exactly the same is true of your next post, and my comment here in reply to it.

    If you feel that this was the wrong point to pick up on in your post, perhaps you could consider not opening future posts with an absolute statement that presents your personal opinion, without supporting reasoning or evidence, as fact.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  142. Re:dear god, please don't quote the Washington Tim by Anonymous Coward · · Score: 0

    Ad hominem at its finest, ladies and gentlemen.

  143. I thought it was "aisle." by ventivent · · Score: 1

    by two writers typically on opposing sides of the isle

    I thought the expression was "on opposite sides of the aisle," unless you're thinking that these two writers usually spend their time on opposite shores of an island.

  144. Beware of bipartisanship... by smagruder · · Score: 1

    Whenever Democrats and Republicans agree on something, that's when you know the public interest is getting screwed. And it applies in this case too.

    --
    Steve Magruder, Metro Foodist
  145. Speaking as the author of a book by reptilicus · · Score: 1

    ---I think you're completely missing the boat here. When someone puts something on the Web, they have agreed to try to make it visible, and Google is serving their interests by making it more visible.---

    When I wrote and published my book, I have agreed to try to make it visible, and Google is serving my interests by making it more visible. There's this weird notion floating around that authors don't want their books to be found, don't want their content to be read, but website authors do want these things. If that's the case, why write the book in the first place if you're trying to keep the content hidden and secret?

    IANAL, but I don't see any difference between a set of copyrighted text that's on the web and a set of copyrighted text that's printed on a page. Both are sets of copyrighted text that fall under the same restrictions and limitation imposed by copyright laws. If you can scan, index and cache one, you can scan, index, and cache the other (and vice versa if Google loses this suit). Search engines like Google, MSN and Yahoo! are all opt out--you have to tell the search engines you don't want to be a part of their content, just like you have to opt out from Google Print.

    Let's be clear here--this issue is not about allowing access to text online, or fears that it will hurt booksales--every publisher out there knows this will mean more booksales. It's about control of content, and the fact that Google will profit from using that content without compensating the copyright holders. If Google offered the publishers a percentage of profits, all this controversy would disappear in a second. The question that's being asked here, is how far does copyright extend, and is this fair use, not will this irreperably harm the book publishing industry (which it clearly won't).

    1. Re:Speaking as the author of a book by shanen · · Score: 1
      I think you are speaking without sufficient knowledge. Google is agreeing to compensate the publishers (based on a "percentage of profits", as you put it), and is also agreeing to allow authors and publishers to opt out. The last discussion I read about it even said that Google was offering to exclude advertising from this project so that they would not be making any direct profits.

      The people who are most upset by the coming changes are the ones who stand to lose the most, which is clearly the publishers in this case. They have an existing business model which has worked quite well, to the tune of billions of dollars. If it was at all possible, they would like to stop the clock at the moment of maximum cash flow. That is no more possible than running the clock backwards.

      --
      Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
  146. Comparison with TV works, but not in their example by fprintf · · Score: 1

    Quote: "It isn't up to the broadcaster to track down someone profiting from their work, why should it be up to publishers and authors to do so?"

    Um, wrong. It may be the broadcaster doesn't do it but the legions of attorneys they employ do! Otherwise you would be seeing all kinds of rebroadcasts of TV shows.

    This is a very weak argument on both sides, both comparing re-use of TV shows as "fair use" by Google and by the authors here in attempting to refute Google's example.

    --
    This post brought to you by your friendly neighborhood MBA.
  147. We're speaking at cross purposes by Ryzellon · · Score: 1
    Many people have been saying things that are simply incorrect because they're ignorant of the actual facts. If you don't take the time to verify the facts you are working with, realize that what you think may not be accurate.

    Go take a look at the googleprint FAQs and stuff. Please: http://print.google.com/googleprint/publisher_libr ary.html

    For those of you who don't go verify for yourself, here are the major points:
    -Googleprint does not provide all text though it is possible, albeit really time consuming, for someone to misappropriate the content and read an entire book.
    -Publishers are allowed to opt out.
    -Also included are links to buy the book from a variety of sources, or to search for a library with a copy.
    -There are text ads placed demurely at the bottom.
  148. Re:Is it always in the interest of content provide by shanen · · Score: 0, Flamebait
    Thank you for clarifying matters. You cannot read me mind, and you are lying to say that you can. Therefore you are a pseudo-intellectual Sophist and a liar. Apparently a stupid one, to boot.

    Please do me one favor. Designate me as your foe, so I will more conveniently know to ignore any of your future posts that I stumble accross (though my settings make that rather unlikely once you have set the red dot in place).

    --
    Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
  149. 21st Century Library by feyd.rm · · Score: 1

    Here is what I got from the article: "We are dodgy old fools who feel that until the end of time a library MUST be a physical building where you must physically go to check out your media for free." Welcome to the 21st century all you close minded old codgers in the MPAA, RIAA, et. al. It is a beautiful place isn't it. The IP debate is really getting rediculous. Until the end of time must we always have access to physical media to use something? In the past 100 years we have invented cars, in the past 60 we have invented computers, and just this year I bought something that fits in my pocket that has more RAM and processing power then my full-sized computer from 1998. So, again why do these fools feel that we are going to be tied to these old distribution methods etc. forever? It does nothing but stifle innovation. My conclusion comes from the WoW forums; Cry more n00bs, its fine learn2play.

  150. Imagine that, people writing just to express ideas by almound · · Score: 2, Insightful

    [Let me preface this comment by noting that I write many things, including music.]

    If copyright was abandoned it would get rid of a lot of tripe out there in the marketplace. Wouldn't it be great if people wrote not for money but ideas, for a change, if there was genuine competition among ideas and artistic expression?

    Idealism? Fantasy? Poppycock? I doubt as if those who have a burning desire to write would be stopped by poor remuneration for their efforts. (The practice of blogging demonstrates this point. Podcasting expands the idea to radio and video.) If the tripe written by those motivated mainly by money was allowed to whither, then eventually the field would be cleared to allow content written by those actually interested to surface and flourish. (Just removal of the advertising efforts to promote the latest schlock would see to that.)

    Oh yes, I realize that those writing for money are interested in their subject, too. And yes, many important things wouldn't be written except for the remuneration. (Authors must live, etc.) But I for one can't see the situation getting worse by removing the profit motive from the publishing field. The current system of copyright may benefit works written through coporate collaboration, but is not a friend of the independent. And it is the independent who gave us the calculus, the Tesla coil, Linux, and cellular automata.

    Far more work that is of crucial importance has been buried than ever benefited from the skewed book selling and promoting practices now rife in the publishing world. (Note that I refer not to my own work, by the way.)

    In addition, most authors are required on their own dime to go out and hawk their work on a touring circuit. There are very few corporate advertising dollars being spent on authors; only a handful are darlings, and they get constant coverage and prominent product placement. Readers are reduced to consumers and it well-known that most markets are created, not discovered. In such contrived circumstances, the very purpose for a readily presentable media -- the content -- suffers.

    These remarks apply to most anything able to be copyrighted, by the way.

  151. SCAN THEM ALL! by mtaht · · Score: 1
    From the head lemur's blog:

    There is a lot of debate surrounding the efforts of Google and Microsoft to scan the books of the world and make them available electronically. I say Scan Them All!

    I say don't stop with what is sitting on the library shelves of the world, but start a World Wide Effort to get every scrap of information that resides on paper and make it electronic. Books, Magazines, Brochures, Handouts, Catalogues, and the entire output of every local copy shop on the planet. All those announcements about bake sales, rummage sales, and lost pet posters. I don't know if any of this will be significant, but I do know that if it is available, somebody a lot smarter than you or I will be able to see things that we don't.

    Index and make it all searchable. Collate and store copies of everything on the Internet as well. Devote a ton of money to create electronic libraries to spider, update and back it all up. Create Root Servers to do nothing but collect and update this effort.

    The debate surrounding this effort revolves around the Straightjacket of Copyright. We need to repeal current extensions and bring Copyright back to sanity. I am a proponent of 14 Years.

    Owners and Holders

    Copyright in it's original form, was a deal between the author, and the government that the author was a member of. Simply stated, You got a Limited Monopoly, in the case of the US, 14 years originally, to make your best deal with someone to create and market copies of your work. In return, at the end of this period, the work became Public Domain , forming a part of the intellectual capital of the society that granted you copyright.

    Copyright originally covered the printed word, as the printing press was the first duplication device capable of making copies, that were for the sake of discussion, true copies. Ownership belonged to the creator. This has not changed, but the assignment of rights of duplication, the lunacy of copyright extensions, has transformed what was a simple bargain into an swirling vortex of intellectual capital kidnapping. Not only are the owners rights being trampled, but the ability of society to promote further growth of the Public Domain, our end of the bargain, which is yeast for future creators, to ferment new thought, ideas, to promote the intellectual, spiritual and emotional growth of our societies, is being held hostage by Copyright Holders, also known as Publishers.

    In order to get 'published', you need to make a deal with a Publisher. Publishers are in the business of making copies of things to sell to make money. Fair enough, if it were a simple arrangement of sharing the risk of producing your work, in sufficient quantity to cover the costs of production, distribution, and enough sales to produce a profit which you would share.

    This is not how it works.

    It doesn't matter if it is a novel, text book, a song, play, map, photo, or motion picture, you have to assign your rights to the publisher, which gives them the power to control every aspect of your work. There are very few exceptions to this arrangement and the terms of these arrangement are never equitable to the creators.

    The whole cycle of creation, publication and compensation has been one of the most inefficient business processes ever devised by mankind. As a creator, you have to search out a publisher, which puts you at a disadvantage in the first place, being put in the position of begging for attention from an industry whose primary focus is the largest quantity at the lowest possible cost. Your chances of publication, are so small as to make the lottery look much more attractive for making a living.

    In addition to the gauntlet of submission, rejection, submission, review, and acceptance of your work for publication, is the hydra headed monster of subsid

    1. Re:SCAN THEM ALL! by shanen · · Score: 1
      A link to the lengthy blog entry and an explanation of the salient points would have been sufficient. Because you used the material in a way which I regard as rather rude, I only glanced at it, and will only make two brief comments.

      First, Google's long-term goal is rather similar to what was mentioned early in the post. Recently Google even announced a time frame for completing the project. Around 300 years, if I remember correctly.

      Second, I concur that copyright law has been abused and now extends in areas completely outside of the original intention of the idea. This is actually the natural result of successful and long-term lobbying efforts by publishers, who naturally had the most to gain from twisting and distorting the copyright system in this way. However, I doubt any simple cure is possible. I saw 14 years mentioned frequently, but that's not a holy number or anything. I think the actual "best" solution would need to be some sort of equation for each category of work, with the economic benefit to creators balanced against the time-related value and the "social need" to devalue the old in order to motivate the creation of new material. (The publishers have never had more than a parasitical role, if you ask me. They have mostly succeeded only in maximizing their own incomes, not the creators.)

      --
      Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
    2. Re:SCAN THEM ALL! by Hawke666 · · Score: 1

      Don't forget that the "best" solution is probably also a simple one, which "some sort of equation for each category of work" is not. There's nothing magical about 14 years, but it's a) reasonable, and b) simple.

    3. Re:SCAN THEM ALL! by shanen · · Score: 1
      I can't tell if you are trolling, but I can't imagine what basis you think 14 years is reasonable, even if we just try to restrict it to copyright. Around 200 years ago it might have seemed like a reasonable time for amortization of the author's time, but modern word processing software and publication directly from the files have completely changed the time scales. It used to take years to create a book, but now they can do it in a few months. If it took 5 years to produce a book, then 14 years does sound reasonable, but 5 months? It certainly wasn't the intention of copyright to encourage authors to sit around for a decade between books.

      When we start considering patents, the situation is much worse. The pace of innovation in most fields is very fast, and event the current term of patents is often sufficient to stifle progress rather than to encourage it.

      Remember that the goal was to encourage ongoing creativity by authors and inventors, not simply to make publishers and corporate research labs filthy rich.

      --
      Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
    4. Re:SCAN THEM ALL! by Hawke666 · · Score: 1

      The intent of copyright is to make it worthwhile for an author to produce a work. No advancement in technology has magically increased the pace of book sales. The time from final draft to published book may have changed, but (originally, not sure about now) copyright applied only after the work was published. So yes, 14 years is a reasonable time to be compensated for the time spent creating the work, which hasn't changed significantly in those 200 years.

      You think it would be better to create some complex system for copyright length, based on the type of work? The goal is to encourage creativity by authors (not inventors, they get patents!), not simply to make lawyers and accountants filthy rich figuring out how long copyright is on some particular work.

      At least we're agreed that the current system sucks. "life of the author + 70 years" is way too long; why should we compensate the author's descendents, who had nothing to do with the creation of the work?

      As for patents, their length is pretty reasonable for the few inventions that actually deserve it. The problem with that is that patents are given out much too freely, and now apply to things that are not inventions.

  152. Re:To the rag that is the Wash. Times: Let them sc by gkuz · · Score: 1
    So next time, prepend your commentary with "irrelevant nitpick"

    That's a great idea. Maybe we can spread it a bit more widely. Let's see, given the venue, what other kinds of tags can we use? How about "uninformed speculation"? "Gratuitous insult"? "Right-wing nonsense"? "Reflexive Microsoft-bashing"?

    This is Slashdot. I won't pretend to add meaningfully to the conversation if you don't pretend you're coming here for meaningful conversation, OK? And maybe start with the decaf tomorrow morning.

  153. Are you sure it is that simple? by pavon · · Score: 2, Informative
    I have heard that many times, and I think it would definately be good if our law was written that way. However I haven't found any authoritive legal sources to back that assertion up, and there are several things that lead me to think it incorrect.

    For starters, the way the law is written, copying appears to be protected privalege granted to the owner of the copyright. From Section 106 of the Copyright Act of 1976:

    Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

    (1) to reproduce the copyrighted work in copies or phonorecords;

    Note that the original Copyright Act of 1790, did not mention reproduction but rather just "publishing, printing, and vending."

    Furthermore, all the articles that I've read that were actually written by lawyers familiar with copyright law, give me the impression that copying for personal, non-comercial use is legal only by way of various precidents, and not by statue. Furthermore, the exact boundries of personal-comercial use are still in flux. This view was held both by people who were in favor of increasing copyright protections, and by those who were in favor of increasing fair use. There was also a great deal of debate among lawyers over whether space-shifting (copying and coverting between formats for personal use) would be concidered fair-use, as no court cases had set a precident yet.

    If copying was not restricted at all, then they would not be talking in this way. It would be clear that as long as it was not distributing then it was fine.

    If you have any legal sources that back up the idea that copying is not illegal I would love to hear about them, but from everything I have seen, copying is illegal by default, but he most common cases have been ruled fair use, and others are simply overlooked.
  154. Google hold copies of original works. They use these entire copies to serve up snippets to individual users. By serving up snippets they are able to make sales of advertising. Therefore Google are using entire copies of copyrighted material for commercial benefit.

    Reviewers hold complete copies of books. They use these entire copies to serve up reviews to individual users (and often vast hordes of users at once). By serving up these reviews they are able to make sales of reviews to newspapers and magazines, as well as those magazines and newspapers selling advertising based partially on the presence of those reviews. Therefore reviewers are using entire copies of copyrighted material for commercial benefit. This is the very epitome of "fair use."

    This is so far from fair use it's not debatable.

    You don't get to decide what's debatable, pal. Sorry to break that to you.

    I can't spell it out more simply than that.

    Well, I believe that is a true statement. The problem is not that you're not spelling it out simply enough. The problem is that you're wrong. What Google is doing is very analogous to the function of reviewers that we've accepted and depended on for decades.

    The appropriate loop here is Think-Decide-Act, not Decide-Think-Act.

    1. Re:No. by Achromatic1978 · · Score: 1
      Reviewers hold complete copies of books. They use these entire copies to serve up reviews to individual users (and often vast hordes of users at once). By serving up these reviews they are able to make sales of reviews to newspapers and magazines, as well as those magazines and newspapers selling advertising based partially on the presence of those reviews. Therefore reviewers are using entire copies of copyrighted material for commercial benefit.

      You what? A reviewer reads a book. A reviewer then creates original thought /on/ the subject matter, not a regurgitation of it. They may well use snippets of quotes from the original material in producing the review, but it is that 'regurgitation' that is fair use, not your flawed-in-so-many-ways argument. Seriously, what were you smoking when you set up this paper house 'justification'?

  155. Re:To the rag that is the Wash. Times: Let them sc by Anonymous Coward · · Score: 0

    Right, so, the Washington Times is identical to slashdot. How many times do we need to repeat this?

  156. Whatever by digitalrevolution · · Score: 0

    Information IS free. It's always been free.
    People create the barriers/lies/secrets/confusion that prevent you from getting to it. Google is only bypassing those barriers because the digital world we live in makes this inevitable consequence reachable.
    It doesn't matter what their motive is.
    DR.

  157. Slashdot Effect by cyberElvis · · Score: 1

    How are we right thinking Americans supposed to get to our favorite op-ed page when all you commies are slowing the site down! Seriously though you have to allow authors to feed their families. It's not like they are rich Hollywood types. Google should get permission for publishing works. They would probably be suprised how many authors would freely release works!

    --
    My boy, my boy!
  158. Oxford Dictionary of Quotations is illegal?! by sbaker · · Score: 1

    Pick up a good book of quotations.

    You'll find a bunch of quotations - many from copyrighted works.

    They are there in part so you can find something witty to say at parties (plagiarism in it's worst form) - or you can use them to find the book from which some famous quotation comes.

    This seems to be no different from what Google is doing - except that they are able to produce even the most obscure quotations as well as the famous ones (that's just a much *better* dictionary of quotations - it's not logically different)...and Google has copied the books in their entierity in order to do that.

    Copying those books is only illegal if:

    1) The book is still in copyright...and...
        2a) They don't own a copy of the book...or...
        2b) They distribute copies of the book beyond what is allowed under fair use.

    But Google aren't distributing copies - so as far as I can tell, so long as they buy copies of any copyrighted books they might index, they are on solid ground.

    Dunno whether they do that or not.

    --
    www.sjbaker.org
  159. Washington *Times?* by fishbowl · · Score: 1

    The Washington Times has slightly more credibility than the Weekly World News.

    To be fair, the publisher of that paper makes some of the best travel guides available. On many a road trip I have consulted "the Moonie Book" with great results. But I wouldn't consider the Washington Times to be more than an entertainment source, sort of a right wing "Onion" or "Daily Show".

    --
    -fb Everything not expressly forbidden is now mandatory.
  160. Express purpose by Create+an+Account · · Score: 1

    Book review magazines reproduce content for the express purpose of generating revenue (both ad-based and cover-price). We've been doing it for decades. Well covered by established fair use decisions in the courts.

    Review magazines have other purposes as well, such as scholarship and research, helping consumers find content they want, etc. So does Google, scholarship and research, helping consumers find content they want, etc.

  161. Re:To the rag that is the Wash. Times: Let them sc by Surt · · Score: 1

    I'm pretty sure he must have meant the Post was little better than a tabloid. Of the two papers, I'd trust information from the Times long before the Post.

    --
    "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  162. Re:Wait - First Books, Next... by Anonymous Coward · · Score: 0

    First they'll scan and index books, and next thing you know they will be doing the same thing with the entire internet! Its evil I tell you, evil!

  163. Easy for google to prevent access to the full work by KitesWorld · · Score: 1

    All you need to do is to break the book down into snippets, each a few lines long, and index each of those snippets seperately. Then, instead of searching the full text the way the main engine does, you can search through those snippet blocks and link back to the books Title/Author.

    Since you never see the content of the next or previous snippet, it's impossible to recreate the entire book unless you already _have_ the text of the entire book.

    If someone searches for the books title or author, simply show the first two or three snippets or a brief summary ('the blurb'?).

    Boom, problem solved. NEXT.

  164. that's the nature of big business by aeoo · · Score: 1

    It would completely devalue everyone else's property and massively increase the value of its own.

    awww, shucks...

    In related news: Walmart devalues mom-n-pop shops.

    I consider this to be a bad trend, but I find it very annoying that those two folks are only screaming when it is their own toes that have been stepped on, and not when the toes of their neighbours are crushed. But I am not surprised.

  165. What a load of crap. by Some+Random+Username · · Score: 1

    Copyright addresses websites just fine. Viewing a webpage is well within your rights. Making a locally cached copy is very likely fair use. Displaying it publicly is a reserved right of the copyright holder, and so you can't do that.

    And yes, an ISP caching my website is then redistributing my copyrighted work without my consent. That is obviously not allowed. However as the copyright holder, it is up to me to do something about it. So if I want to take the ISP to court and get a C&D filed to force them to stop distributing it I can. But who is dumb enough to do that? Why would I want to stop the ISP from doing that? I don't have to shutdown anyone violating my copyright if I don't want to.

  166. Copying the book by Create+an+Account · · Score: 1

    I actually searched for The Moon Is a Harsh Mistress by Heinlein. I was given a complete page of the book (as an image) with controls to turn to the next page. I was able to view about 5 pages before the controls were disabled. I did another search for the last line on the page I had finished and got another 5 pages. I think I got a total of 15 pages (from a 200 page book) before it said I could not have any more of that book. I tried again a day later and it still would not give me any more of the book.

    1. Re:Copying the book by 1u3hr · · Score: 1
      I actually searched for The Moon Is a Harsh Mistress by Heinlein. I was given a complete page of the book (as an image)

      You only get complete pages if the publisher has agreed to allow that. You can get similar results from Amazon. Any halfway popular book, particularly SF, can be found online as a bootleg OCR, of varying quality, already. (http://tinyurl.com/dxsze). I can buy secondhand novels for a dollar, or borrow from a library, so reading such onscreen is not something I'd bother to do.

  167. Re:To the rag that is the Wash. Times: Let them sc by Jack_of_Hearts · · Score: 1

    From the OED: 3. a. A popular newspaper which presents its news and features in a concentrated, easily assimilable, and often sensational form, esp. one with smaller pages than those of a regular newspaper. if you're going to be obnoxious enough to correct the usage of a term with a widely understood popular meaning, at least be correct.

  168. Shouldn't books be OSS? by willisbueller · · Score: 1

    This is actually a question I've had for awhile, but I didn't feel like getting modded into oblivion. Everytime a thread starts on how to make money on OSS, people tend to suggest support or write books on the software.
    Now, I can agree with the support, and that makes sense to me, but why shouldn't books be free and open as well? I mean, does it take any more effort to write a book than it does to write software? If the code is freely available shouldn't the book be as well?
    I suppose so far as that goes, I see it only reasonable that google can release info from books that are free and open, and we simply encourage more authors to free up their work.

  169. opposing sides of the isle? by Ranger · · Score: 1

    Aisle drink to that.

    --
    "You'll get nothing, and you'll like it!"
  170. How is this any different? by Anonymous Coward · · Score: 0

    Just out of curiosity, how is this any different from what Lexis Nexis? The only difference is that the content is slightly different and the price is free?

    Maybe I'm wrong, and I cetainly don't know what I'm talking about but these two services seem quite close in nature...

  171. argumentum ad hominem by hopethisnickisnottak · · Score: 1

    Discuss and attack the merits (or lack of merits) of her arguments. It's irrelevant if she's a paid shrill or not.

    --
    -Shaunak
  172. WRONG! by Anonymous Coward · · Score: 0

    > Google only makes available a limited selection of the book at a time. that is, you can see pages 1, 2, and 3 while I may actually see pages 100,101, and 102. If we are limited to how many pages can be seen, then clearly that is fair use.

    Wrong!

    A subset of pages in every book is unavailable to ALL users, period. Please read their FAQ. Anyhow, given how greedy copyright interests have upped the copyright term by about 1,000% in the last hundred years just because they wanted it, I don't have a problem taking a little back. Especially when this is the sort of progress copyright law was meant to fuel, not hinder! Using it to styme progress is contrary to the entire purpose of copyright law, and if it's going to be used that way, copyright law should be changed or abolished.

  173. Washington Times by bob · · Score: 1

    I live in the DC 'burbs, and have subscribed to -- and have been reading -- the Washington Post seven days a week for over 25 years -- since graduate school at UVa. I never thought much of the Times, largely for the reasons you cited. However, I recently was involved in a neighborhood protest against something the local government was doing, and this got reported both in the Post and the Times, along with a couple of other local papers. I have to say that I was astonished at how badly the Post slanted things. I was sitting next to a neighbor as he talked to the Post reporter on the phone for nearly an hour. The single quote that wound up in the story took one small sentence fragment out of a point that took my neighbor a paragraph to state. Stripped of all context, my neighbor's words appeared to say exactly the opposite of what he'd been saying for the entire interview -- the words were his understanding of what *other people* were saying about the issue. The distortions in that story were reprehensible, but the Post refused to carry a correction or a letter from my neighbor objecting to the article.

    By contrast, the Times got it almost exactly right -- on both sides of the argument. And when they were told, by another neighbor, about a comparitively small error, the both printed a correction *and* a letter. This was enough to get me to buy a subscription to the Times and start seriously reading it for the first time. Yes, there is more of a conservative slant on things, especially in the opinions, columns, and story selection. But they also have *more* space for opinion than in the Post, and the opinions don't always agree with one another. The Times also is often intensely critical of the Bush administration.

    I have no idea how much influence the moonies actually have in the operation of that paper. One friend that I trust had worked with them on some internal financial matters, and claims to have seen no evidence of it. But the more I read the paper, the more respect I have for them. In any event, we do need a paper to tell the side of the story that the Post is ignoring, or even actively distorting. Still, it *is* a shame shame that it has to come to us in a moonie-sponsered form.

    1. Re:Washington Times by spisska · · Score: 1

      I am rather hard on the Times at times, mainly because their editorial opinion seems to drastically shape (distort) their news reporting, particularly on international and political matters. I simply cannot read their opinion pages without becoming angry, for example. (Then again, I find some of the shrill liberal comentators in the Post, like Ariana Huffington, just as insufferable as some of the Times' resident knuckleheads, like Pat Buchanan).

      But you are right that their local reporting is often good, and at times a damn sight better than the Post's. The coverage of DC's baseball saga is a perfect example this -- the Post never seems to question why Mayor Williams gave MLB the biggest sweetheart deal in the history of the game, and last year treated Linda Cropp as an obstructionist who wanted to kill baseball in DC.

      The Times consistently, and quite rightly, pointed out that no city had ever offered anywhere near what DC was offering for an MLB team, and that the deal required DC to raise all the money, assume all the financial risk, and hand the profits over to the Nationals' new owners.

      The Times also quite effectively belittled William's assertion that the city could throw $500+ million at the team and new stadium without affecting other city programs or raising taxes.

      So you're right, there is no question that there are good journalists who work for the Times, and on the whole they do a good job with local coverage.

      But I still don't think that changes my original point that their political coverage is weak and biased, and as a result the Times is not a particularly respected paper, at least not outside of certain ideological camps, and certainly not outside of the DC area. I am also extremely suspicious when they run front-page stories that rely on a single, often unnamed source -- this a no-no that they teach you the first day of journalism school, but something the Times does with alarming frequency.

      All the same, I'm happy that we do have more than one local paper. I don't subscribe to either, but read both in fairly equal measure -- mostly picking up discarded copies on the Metro.

  174. The fish wrapper, or the birdcage liner? by abb3w · · Score: 1
    The Washington Times != The Washington Post. One is a bastion of DC journalism. The other is only slightly better than a tabloid.

    Um... is there really much difference between DC journalism and the tabloids these days?

    --
    //Information does not want to be free; it wants to breed.
  175. Empirical evidence suggests otherwise by abb3w · · Score: 2, Insightful
    Indexing a printed work in no leads to the user actually doing anything that will make money for the person(s) responsible for that work.

    Doing anything like, oh... buying the book?

    While O'Reilly Books are seriously cool people, they aren't publishing just for the fun of it. They're out to make some money (although they're not completely averse to having fun while doing it). They're also, judging by bookshelves in local geek circles and by the cover prices I've been paying, doing a decent job of it.

    So why does O'Reilly Books have the entire (conventional) index of a HELL of a lot of their books available on the web? Free. No charge. Google searchable even. Why? Well, they might be trying to drum up interest in the Safari on-line library, but I don't think that's it. I think that, like Baen's Free Library, they "expect this to make us money by selling books".

    I would also suggest you (and Schroeder and Barr) play with Google Scholar before sounding off. Google is already indexing copyrighted materials, many of which are in journals that cost a couple hundred bucks a year to subscribe to. However, they don't show the full text of the article in many cases (unless the publisher wants to). You will see the usual two lines worth of context, and there's usually a link to an abstract. If you search from a .edu IP address, your school may have a electronic subscription that Google will link to. Otherwise... get up off your lazy backside and get thee to a library. When Schroeder and Barr are wondering what Google may mean by "Snippets", this ought to give them a clue about what Google plans to do. Google's lawyers are not stupid; I'd be suprised if even full paragraphs show up on material not yet lasped to the public domain.

    I'll also note that Google Scholar has a distinct lack of ads on it. The Google Library might not be ad-free, but it will probably be limited to ads trying to sell books or related materials. Gee, what might that do for the publishing industry?

    --
    //Information does not want to be free; it wants to breed.
  176. Quality of scans by mydn · · Score: 1

    If this is the quality of the scanned documents then I don't think the publishers have much to be concerned about.

  177. The purpose of Google (print) by la_phoenix · · Score: 1

    I think the commentators who authored this piece are confused about the purpose of Google. They say "Google envisions a world in which all content is free" -ie, Google's purpose is to make all the world's content free.

    Google's mission statement says "Google's mission is to organize the world's information and make it universally accessible and useful."

    The goal is not to make all content free- the goal is to make all content able to be found.

  178. You Ain't Seen Nothing Yet by PingPongBoy · · Score: 1
    it is also crushing creativity

    I say Google is a glimpse of the future. Let's quantify the creative output of humanity, both cumulative and instantaneous. There is a trend. What I'm alluding to is the possibility of a pattern or set of predictive rules that can tell us how to compute the next output of the most useful creativity (while ignoring the junk). If the knowledge of humanity is computerized systematically - cue in Google - it can be combined to produce valuable opinions. Google Print is a technology that analyzes useful combinations of knowledge while Google cache is a vast receptacle of human knowledge.

    Currently the technology is really basic but once the computerization reaches a certain level, the chains of reasoning and knowledge manipulation leading from raw ideas towards deeply creative works can be studied. This study can lead to a set of rules that suggest efficient or powerful combinations of ideas.

    Will this lead to computer understanding or computer creativity? Creativity can be simulated but understanding is more difficult to evaluate. For one thing, if suggestions of computer creativity occur, a major effort in computer understanding will have to be done. A computer can behave as though it understands fundamental axioms of geometry and set theory, especially those axioms that are used in every day activities. Essentially a computer would enumerate small objects. A class in C++ is made of a data structure and a set of methods. If a computer can enumerate and evaluate small data structures along with short methods, it will basically sort objects according to any programmer-controlled criteria. Then the computer can use the most interesting classes, which lie at the extremes of the sort order, to manage inputs from the real world. The computer would exhibit a particular behavior, and if this behavior is constructive, it may be said to understand.

    The other day I heard a name, Chindia. Who is this? Cynthia? No, it is the combined impacts of the economies China and India! The very symbolism of the third world being raised by technology to become an economic player. Now are people going to truck books into the hinterland or do they run cables? The cables will go in long before the books. My prediction is a system like Google Print will cause creativity, especially in the hyperactive developed countries, the likes of which have not often been seen. Chindia is capable of relegating more and more products into the dollar stores. What people have left to trade with is their creative output. Google Print enables Chindia to export their creativity too!!

    I've been hearing other things, like "as it is above, so it is below." Human intelligence is being taxed to its limits for the sake of individual economic position while computer intelligence threatens to take over menial decision making. At the same time, the Internet will inhibit people from getting paid for their labors! What is the world coming to? Well, regardless of who should be paid, which is the distribution of scarce resources, there are some fundamentals.
    • People have to live.
    • Resources will be consumed.


    The most worthy recipients of wealth could be judged by natural market forces to be those that create the most effective knowledge, that is, knowledge publically computed to be the greatest necessity of a class of good or service. Like the game Monopoly everyone may periodically receive an equal sum of money and stock in all economic arenas. It may be possible for anyone to simply survive on this income, but the fiercest competitors would as always get the most. How much will the arts be worth? Perhaps next to nothing. Algorithms will exist to generate art of any caliber and people won't know the difference between human generated and computer generated. One day it may be the most amazing art will be computer generated. Art = algorithm.

    We expect Google to reflect our own handling of knowledge and information. What we want to do with knowledge should be done by Google. It's an inevitable output of our creativity and intelligence. Isn't that what we've been taught as children, to be human and achieve more than the average animal?
    --
    Know your pads. One time pad: good for cryptography. Two timing pad: where to take your mistress.
  179. Precedent already in MGM vs. MP3.com by jpmorgan · · Score: 1

    The parent poster is right. This issue was already decided in UMG vs. MP3.com, the case about whether My.MP3.com was legal or not. The judge decided that MP3.com was in violation of copyrights, and that its use was NOT fair, since it was copying entire works and doing so for commercial purposes. This is a pretty clear precedent. Using Google Print may be fair use, but operating Google Print is not: Google is copying entire works for commercial purposes.

    Google's lawyers must be hitting the bong if they think they'll win any case brought against them. The precedent is clear.

  180. Authors are going to be angry with search results by Absentminded-Artist · · Score: 1

    I just tried out Google Print with a search for my last name of Cootey. There aren't many of us out there (The family left no trace of its past in Ireland), so I didn't expect to see much. Imagine my surprise when the first page was filled with books containing my last name. But each hit - specifically highlighting the word "Cootey" in the search results - actually linked to the word "Cooley" upon investigation.

    Many authors may be throwing their hats into the "Google Print is EVIL!!!" ring, but many more will scream far louder when they discover that Google Print has such a sloppy search algorithm that their works can't be found. If Google Web returned as many false positives as Google Print does nobody could use it to find anything. In fact, Google Web would have been just as useless as all the other search engines in 1995 & 1996...

    --
    The Splintered Mind - Overcoming
  181. the point please by samantha · · Score: 1

    The point of copyright on books is to increase innovation and protect authors from being ripped off. There is nothing per se in full text indexing of all books and online access that makes it impossible for authors to get paid for their efforts or that in any way I see decreases innovation. What will happen soon, though not because of Google really, is that the publisher middlemen will be seen as obsolete in most respects. Authors would potentially get more readers and income if their works were preserved indefinitely and easily found by a simple search. While the details of the compensation model[s] need to be worked out the end result is a win for everyone except those with outmoded business models.

    And of course Google is not even proposing anything this extreme. They are proposing simple indexing and excerpts. I fail to see how that is a threat to anyone.

    1. Re:the point please by Anonymous Coward · · Score: 0

      I wonder what the odds are that the publishers have hired trolls to bias this debate...

  182. argumentum ad absurdum by frankie · · Score: 1
    1. I wasn't discussing her arguments at all. I was instead counteracting any (equally invalid) argument from authority that people might have assumed on her behalf. Whatever her past credentials were as a feminist and politician, they no longer apply.
    2. Anyone who says that librarians are "the enemy" does not require any additional refutation of their credibility. Res Ipsa Loquitur.
    1. Re:argumentum ad absurdum by hopethisnickisnottak · · Score: 1

      Anyone who says that librarians are "the enemy" does not require any additional refutation of their credibility.

      It's not about their credibility. It's about their arguments.

      --
      -Shaunak
  183. offtopic-public domain books by sckeener · · Score: 1

    Anyone know how to do a search on print.google.com and get public domain books? I haven't been able to find public domain Shakespeare or Oscar Wilde.....driving me batty trying...

    --
    "Only one thing, is impossible for god: to find any sense in any copyright law on the planet." Mark Twain
  184. Happens all the time with real property by magictongue · · Score: 1

    "It would completely devalue everyone else's property and massively increase the value of its own."

    This happens every day with real property (i.e. the stuff you live on.) Just the other day Phoenix rezoned a piece of property which had a building height limitation to allow for the building of a skyscrapper. The property is adjacent to a large number of one story individual homes. The property value of the homes will surely be devalued while the property on which the skyscrapper will be built will massively increase in value. Basically, the developer (Trump) effectively sucked the value out of the neighborhood surrounding the new skyscrapper and put into his pocket. The City of Phoenix declared this was okay since it brought "progress"(i.e. increase tax revenue). Even if one takes the authors comments on Google as true there is nothing new here. The only difference is they get to whine about it in the Post. Most other real property owners would not even get the time of day to whine about having their properties devalued.

  185. Sufficient knowledge by reptilicus · · Score: 1

    ---I think you are speaking without sufficient knowledge---

    Really? Well, as an editor with a major publishing firm, and as an author of a textbook, this is a subject to which I've paid a great deal of attention. Let's take a look at your statements:

    ---Google is agreeing to compensate the publishers (based on a "percentage of profits", as you put it)---

    No, they are not. Google is not offering compensation for the inclusion of material. Google is not offering the copyright holders any percentage of ad sale revenue.

    ---and is also agreeing to allow authors and publishers to opt out.---

    Yes, and this is exactly the problem that the publishers are suing over. They feel it should be strictly opt in. Which is ironic, because (in the case of the Author's Guild), participation in their lawsuit is stricly opt out. Since search engines all function on an opt out basis, any ruling that says that opt in is required would affect them as well.

    ---The last discussion I read about it even said that Google was offering to exclude advertising from this project so that they would not be making any direct profits.---

    There are two projects involved here, Google Library, and Google Print. Google Library will be done in conjunction with university libraries and will not feature ads. Google Print will feature ads.

    ---The people who are most upset by the coming changes are the ones who stand to lose the most, which is clearly the publishers in this case. They have an existing business model which has worked quite well, to the tune of billions of dollars.---

    Clearly you do not understand the motivation behind these lawsuits. Take a look at this set of links, showing a nice balance of arguments on both sides, from people within the publishing industry. You'll note that every single one of them, including those arguing against Google, admit that the issue comes down to the use of content without compensation, not some fear that this will harm book sales. This is not about messing with the business model, this is about wanting a piece of the action, a cut of the money Google stands to make from ad sales. They all know that this service means higher book sales, but that's not enough for them.

    --- If it was at all possible, they would like to stop the clock at the moment of maximum cash flow.---

    If that was the case, they would have stopped things years and years ago, as book sales continue to plummet.

    1. Re:Sufficient knowledge by shanen · · Score: 1
      I think you are mostly being contentious for the sake of contention, and your final comment is sufficient evidence. Either that, or your a rather poor editor. I was not asserting the possibility of stopping time exists, and for you to start a new argument about what time would be best to stop is irrelevant at best, but more likely some sort of Sophism.

      By the way, I am actually a professional editor, and most of my work is research papers coming from a rather large laboratory. Getting off topic, but I think editing itself is a dying art--and most of the great editors have already died or retired. The main thing the Internet needs is more editing, but the trend is clearly the other way.

      --
      Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
  186. Book Control by SeanDuggan · · Score: 1

    I wonder if the contention isn't over another kind of control, promotion. The book publishers not only want you to read their books, they also want you reading their latest books, and the ones by their famous authors. They don't want you to do a search and find that a book from the 1960's has better coverage of World War II than their latest one that was co-written by Stephen Hawkings. Some authors may only owe a cut of the profits for X amount of years. After X years, the publishing companies would frankly prefer that book to disappear from sight. Therefore, even if Google only allowed searches and didn't display the few lines of coverage, I could still see these book companies calling foul on them.

    --
    This sig has absolutely no significance and serves only to take up screen space and waste the time of the reader.
  187. What if.... by grahamsz · · Score: 1

    Each time a search was run on Gbooks, they'd send a researcher (or a pigeon) out into a public library to find the book, read it to find the section that closely matched what you wanted, and then return the excerpt to you.

    It'd be the same as if you paid someone to do a literature review on a given subject for you.

    The result to the end user would be the same, except that this would obviously take much longer. I'm not sure i see a huge difference how the end is reached, only that the result it the same.

  188. Getting Around anti-Copy Provisions by Nehmo · · Score: 1

    After all, data isn't physical, and ownership is imaginary (an agreement between people at most), so don't expect an argument about copyright laws to be fruitful. The concern for /. lovers should be - are there any hacks for print.google?

    Try the title: Camus, (my favorite author from the days when I used to read books) (To get very far you'll need to login with one of your Google accounts.)

    Some pages have "restricted content"; they're not there, that is.

    And rightclick is prohibited all over. I assume Google is trying to inhibit copy & paste. Of course I can save the page on my drive, but the main part, using div class="theimg" ,seems to be print_files/cleardot.gif (Clear Document Template, I imagine), and there's nothing to that. If I open what I stored on my HD with Dreamweaver MX 2004, the main section doesn't display anything but a blank. If I open the stored file with Firebox 1.5 beta, the main section displays.

    I can save the page as an image via using the Print Screen key and then pasting into a graphics program, but that's as far as I've gotten.

    Someone more knowledgeable can explain how Google's page replaces cleardot.gif with text. Or to rephrase the question, How would you copy the text part of one of these print.google pages?

    --
    (||) Nehmo (||)
  189. Why would you think that? by reptilicus · · Score: 1

    --- The book publishers not only want you to read their books, they also want you reading their latest books, and the ones by their famous authors---

    I'm not sure why you'd think that. For the famous authors, they're going to get better terms in their contracts with publishers than unknowns, which means less profit available for the publishers. I guess perhaps there's some economy of scale involved (large print run means lower costs per book means more profit).

    But as far as new books versus back catalog, I don't really see much difference (and I work for a publisher). Each copy of any book sold means more profit, so either is good, no real differentiation between the two streams of money rolling in where one is preferred to the other.

    Perhaps a better argument would be that the publishers don't want you to know about competing books. They figure they're doing a good job promoting their book on subject X, and without Google you might not find out about the other 10 books on the subject, and go ahead and buy their inferior book.

    But those are all minor points when compared with the big one--Google will make billions of dollars off of this project, and the publishers and other various copyright holders want a cut. I personally think Google is within their fair use rights and doesn't owe them squat, but we'll have to wait and see what a court says.

  190. Re:To the rag that is the Wash. Times: Let them sc by raoul666 · · Score: 1

    Regardless of the actual definition, I think it's fairly well understand that "tabloid", as a slang term, means "newspaper full of trashy crap like alien babies and elvis sightings".

    --
    When cryptography is outlawed, bayl bhgynjf jvyy unir cevinpl
  191. Totally agree by emmanuel.charpentier · · Score: 1

    Copyright encourages monopolies and an economy of artificial scarcity. In a world filled with billions of creative minds, is that apparatus usefull? Does it not encourage advertising, lowest denominator, celebrity for the sake of celebrity?

    Let's hope in the future and internet! Will it unleash or crush?

  192. Re:Imagine that, people writing just to express id by Anonymous Coward · · Score: 0

    What a wonderful world you imagine. What's going to pay the bills?

    How would those people who write for any type of press ever get paid?

  193. Re:To the rag that is the Wash. Times: Let them sc by An+Onerous+Coward · · Score: 1
    <sarcasm>That's a great idea.</sarcasm> Maybe we can spread it a bit more widely. Let's see, given the venue, what other kinds of tags can we use? How about "uninformed speculation"? "Gratuitous insult"? "Right-wing nonsense"? "Reflexive Microsoft-bashing"?

    <restatement_of_obvious>This is Slashdot.</restatement_of_obvious> I won't pretend to add meaningfully to the conversation <you_saw_my_posting_history>if you don't pretend you're coming here for meaningful conversation</you_saw_my_posting_history>, OK? <gratuitous_but_deserved_insult>And maybe start with the decaf tomorrow morning.</gratuitous_but_deserved_insult>


    <joke class="stupid">Maybe this is what they mean by the "semantic web".</joke>

    Bah. <a_slashdot_first>You're right.</a_slashdot_first> <excessive_honesty>I don't come here for learned discourse. I come here to find people saying stuff I rabidly disagree with, then try to nail them.</excessive_honesty>
    --

    You want the truthiness? You can't handle the truthiness!

  194. Google is not giving away books by bhav2007 · · Score: 1

    How is what Google is doing any different than Amazon's offering clips of an albums songs? Have any of these writers actually bothered to read Google's "help" about google print? See number seven! I quote:

    I really need to see more of this book. What can I do?

    Google Print helps you discover books, not read them online. To read the whole book, we encourage you to use the "Buy this book" link to purchase it online or the "Find this in a library" link to look for a local library that has it.

  195. Libraries? by Frankinmerth · · Score: 1

    Is there a process for them to become established with a content license similar to that of a library? Libraries recieve book donations all the time and then index them (and provide a librarian!) so you can use your paid membership to borrow and read them. Not only are they enabling you to make copies, but they are providing you the content. How does the law work for libraries? If all else fails could they not simply purchase a copy of each book? Then there would not be much one could say about their fair use of the content that they own, since they are not redistributing it. People make profit from content they have purchased all the time, without reselling the content itself. They don't go back to the author of the book they used as the cornerstone of their research and give him half their Pulitzer prize money. I sure hope that the emphasis is on the content and their use of it, as opposed to what they are enabling others to do with it. I am really sick of the law getting involved in 'enabling technologies' and shutting them down, they hurt the world as a whole when they do this. Napster, torrents etc allow people to obtain illegal content. Guns allow people to put holes in other people. Shovels allow people to bury people with holes in them and get away scott free. Latex allows peopel to commit crimes without leaving finger prints. Get rid of that and prom's across America will instantly become less fun.

  196. Wow, did google pay for these responses? by Anonymous Coward · · Score: 0

    The amount of idiots posting here is truely amazing. Google is trying to make money off the backs of people who's work they will use without permission, and without renumeration. The author's lose money, google makes money, and even less people who can write well, will.

    But hey! Who cares? Everyone here is just a lazy 16 year old who cracks, hacks, and otherwise refuses to pay for anything anymore! So what if all the creative people decide not to create anymore? You have your gameboy, your 'pron' and a tight grip...

    Man you people are so freakin' dumb. Any of you ever make it thru the 6th grade? Study history? WORK?

  197. So what about movies? by caesar79 · · Score: 1

    Is it allright if I buy a DVD and daily put up 3 second clips from it online?

  198. Re:Is it always in the interest of content provide by lamp540 · · Score: 1

    I just took your post and printed it on a t-shirt. MUAHAHAHAHAH!!!!

  199. Half the "facts" are incorrect by Zelucifer · · Score: 1

    Anybody else notice that the majority of the facts in the article were BS? "Meanwhile Google will gain a huge new revenue stream by selling ad space on library search results. Selling ads on its search engine is how Google makes 99 percent of its billions. " Anybody else recall Google explicity stating that there would be no ads on book results? "The creators and owners of these copyrighted works will not be compensated, nor has Google defined what a "snippet" is: a paragraph? A page? A chapter? A whole book?" Didn't they state at some point that there would be at most 3 paragraphs? With limits on the number of pages one person would be able to view in a set period of time. " And have you ever tried to get a live person on the phone at an Internet company? " Not really sure what this has to do with anything... unless they've never been on google. I mean... a link like https://print.google.com/publisher/exclusion-signu p might ive some information about how to get a book removed without having to make somethin as draconian as a phone call...

    --
    The corner of a round room
  200. Re:To the rag that is the Wash. Times: Let them sc by dswan69 · · Score: 1

    I only consider an organisation a cult if they engage in aggressive intimidation of their members. And it has to verge on physical violence because otherwise we should just include almost all religions since in most cases members tend to shun those who leave the fold, and that is a form of intimidation.

  201. You're kidding, right? by Create+an+Account · · Score: 1

    Did you even read what you wrote? Let's look at this.

    A reviewer then creates original thought /on/ the subject matter, not a regurgitation of it.

    You seem to be saying that the original thought is the protected use,

    They may well use snippets of quotes from the original material in producing the review,

    But then you admit that the regurgitation is the fair use, not the original thought,

    ...but it is that 'regurgitation' that is fair use, not your flawed-in-so-many-ways argument.

    Way to kick yourself in the nuts, there. I agree, it is the 'regurgitation' that is protected. That regurgitation is exactly what Google is offering. The structure of your sentence implies that you think I was saying that my "flawed-in-so-many-ways argument" was fair use, rather than the regurgitation on which we concur. My argument is not a fair use, it's an argument about a fair use. (I like the "flawed-in-so-many-ways" insult but it would have been better if it had been in a coherently composed sentence.)

    Seriously, what were you smoking when you set up this paper house 'justification'?

    I wasn't smoking anything, I don't smoke. I was thinking objectively. You should try it, it's amazingly powerful. I see you called my argument a paper house justification. I also note that you were so busy trying to be clever that you didn't really point out any flaw in my argument, apparently because you do not understand the concepts involved. You actually agreed with me before you tried to insult me.

    You shouldn't be too hard on yourself, though. Keep trying, you'll get it. I am sure that the image I have of you in my head is not accurate.

  202. How many of the publishers have actually... by JamesGecko · · Score: 1

    ...looked at the service in question? It's up in beta now, at http://print.google.com/

    When you search for a phrase, you see, at the most, something like three pages. Oh, and theres also the table of contents. It's like flipping though a book at Borders. Helpful for deciding if you need to look into getting a copy, not helpful if you want to sit there and read the whole thing. Plus, you need to sign in with an account, so they can track how many pages you've seen.

    Also, I think Google needs to look at what stuff is *out* of copyright. Try looking up Oliver Twist.(http://print.google.com/print?q=oliver+twis t&btnG=Search+Print&hl=en)
    Even though the book is out of copyright and you can read the whole thing on Project Gutenburg, they have a "Penguin Classics" version up. In this edition, you can only browse though the table of contents, even though the full thing is out of copyright. Hello? Google needs to stop with this nonsense and put up the PG version (http://www.gutenberg.org/etext/730) instead.

  203. Google Print solution in hand - support COCOA by andrewburt · · Score: 1
    The good news is... we have the solution in hand.

    We've been working on this problem since Amazon released Search Inside the Book; we brought together experts from both ends of the copyright spectrum, and have developed a solution, called the COCOA (Copyright Owners' Control of Access) standard.

    See http://www.copyrightaccess.com/ for details (and if you support it, please sign our petition at http://www.petitiononline.com/cocoa/petition.html) .

    Some notes-- COCOA does not inhibit indexing, searching, or displaying text snippet search results.

    On the contrary, COCOA will result in far more books and more pages being available, legally.

    Please read how COCOA works at the site, read the FAQ, and by all means ask via the comment form on the site if you have questions. There have unfortunately been a number of misconceptions of what COCOA is or how it works. So, if COCOA somehow doesn't look good to you, please ask for clarification since COCOA was specifically designed to satisfy just about everyone regardless where they stand on copyright matters.

    Thanks for having a look (and signing the petition and spreading the word, if you're so inclined),

    --Dr. Andrew Burt,
    Chair, The COCOA Association