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.
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
Wait a minute. Are these guys saying that Google is some sort... BUSINESS?! Good god!
Comment removed based on user account deletion
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.
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.
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.
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
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!
Join Tor today!
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
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.
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. 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)
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.
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.
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.
...on their web site...
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:
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.
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
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
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.
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:
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.
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