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$125 Million Settlement In Authors Guild v. Google

James Gleick writes "Authors, publishers, and Google are announcing a huge settlement deal today in their lawsuits over the scanning of millions of copyrighted books in library collections. Google has agreed to a huge payout for books that were scanned without permission, but now they'll be allowed to scan the books legitimately. Most important, they'll be able to put millions of books online, including those still in copyright — not just for searching and not just in snippets. There is a groundbreaking new licensing system meant to make the books as widely available as possible while protecting the authors' copyrights and enabling them to share in the revenue. Some will differ, but personally I think this is a wonderful outcome, for readers and for authors alike."

8 of 238 comments (clear)

  1. It's easier to say "sorry" than ask permission... by SupplyMission · · Score: 5, Interesting

    This may have been Google's strategy all along.

    Step 1: start scanning and distributing copyrighted books without permission.

    Step 2: writers and publishers get pissed off and sue.

    Step 3: settle and obtain permission to go even further.

    It worked. Now Google will have control over electronic access to a massive amount of printed material.

    This may be just a silly conspiracy theory. But on the other hand would a company like Google, with massive financial and legal resources, naively embark on a blatant copyright infringement project? Not likely; it's obvious they had a strategy in mind from the beginning.

  2. Re:at last. its f*ckin 21st century ffs. by east+coast · · Score: 5, Insightful

    In all fairness to Christopher Tolkien, at least he had an active role in his father's estate and actually worked to produce some of the wealth. It's not like he sat on his hands and just let the checks roll in and any Tolkien fan should have a bit of admiration and offer up a little thanks for Christopher and his desire to see his father's work get to the masses. Without Christopher these works would either have been lost or found their way into a private collectors collection for a high price. He certainly didn't need to be as responsible as he is.

    --
    Dedicated Cthulhu Cultist since 4523 BC.
  3. If it were up to me, yes by davidwr · · Score: 5, Interesting

    I'm not the grandparent poster, but if it were up to me, copyrights would last less than the average human lifetime.

    To paraphrase the early United States Congresses, "nobody will ever need more than 28 years of exclusive rights." On average we live longer now so 28 years is a bit short in today's terms.

    If it were up to me, the maximum term of copyright protection would be somewhere between 50 years and the the average expected lifespan of a 4 year old at the time the work was created. Where in between? We should have a national discussion on this not controlled by special interests to determine it.

    Why age 4? 1) works created by kids under that age generally more "play" than "creative," and generally have very little market value, and 2) it removes infant mortality from the equation.

    I would require that after the first 10-20 years or so, the public gets a non-controlling financial interest in the copyright: You can renew copyrights in 10- to 20-year increments, but with each increment you have to promise to forward an increasingly-higher percentage of any royalties to the national treasury. Royalties previously paid that extend into the renewal period would require a pro-rated payment to the treasury as well. You would of course have the option to not renew and let your work fall into the public domain.

    Going forward, works re-published 10-20 years after creation which are legally published but without a (c) mark are presumed to be in the public domain unless the publisher can show it was done in error. Today's automatic copyright-on-creation would still be in play, but they would expire after 10-20 years if not renewed. To protect existing works and contracts based on those works, the "new regime" would only apply to works created after a certain date. I don't like the current regime's long terms but messing with it with a blunt instrument like imposing a new regime on all existing works introduces a whole host of problems. It's far better to solve the orphan works and other problems with a more finely-tuned solution.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  4. Electronic searching, pring reading by eagle52997 · · Score: 5, Interesting

    I'm a graduate student and I love that Google has many books available online. I have searched and found many books of interest to my research because I was able to actually skim pertinent sections, rather than having to guess based on the title and who the author was. Then, once I found these books, I checked out the print copies to read. I still find the print easier to read than the electronic, but may be the last of a dying breed.

  5. Re:I can has source material? by SatanicPuppy · · Score: 5, Interesting

    If they wanted their writings available for free, then why would they bother to publish in the first place?

    Content creators deserve some rights to their works.

    --
    ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
  6. Re:I can has source material? by ShadowRangerRIT · · Score: 5, Insightful

    When you steal a book, and keep it permanently without compensation, that makes you no better than the Plantation Masters. IMHO.

    Wow. Hyperbole anyone? Last I checked we are not:

    1. Whipping the authors
    2. Raping the authors
    3. Taking their children away
    4. Denying them any personal rights

    In case you weren't aware, you can dislike a particular viewpoint without making strained comparisons to slave holders (or any of the other favorites, e.g. Nazis).

    --
    $_ = "wftedskaebjgdpjgidbsmnjgcdwatb"; tr/a-z/oh, turtleneck Phrase Jar!/; print
  7. Re:What about youtube then? by whisper_jeff · · Score: 5, Informative

    Google doesn't take video content for Youtube - users submit video content. Enormous difference.

  8. Re:I can has source material? by mcgrew · · Score: 5, Informative

    If they wanted their writings available for free, then why would they bother to publish in the first place?

    Cory Doctorow answered you question in the forward to Little Brother far better than I can.

    I recently saw Neil Gaiman give a talk at which someone asked him how he felt about piracy of his books. He said, "Hands up in the audience if you discovered your favorite writer for free -- because someone loaned you a copy, or because someone gave it to you? Now, hands up if you found your favorite writer by walking into a store and plunking down cash." Overwhelmingly, the audience said that they'd discovered their favorite writers for free, on a loan or as a gift. When it comes to my favorite writers, there's no boundaries: I'll buy every book they publish, just to own it (sometimes I buy two or three, to give away to friends who must read those books). I pay to see them live. I buy t-shirts with their book-covers on them. I'm a customer for life.

    Neil went on to say that he was part of the tribe of readers, the tiny minority of people in the world who read for pleasure, buying books because they love them. One thing he knows about everyone who downloads his books on the Internet without permission is that they're readers, they're people who love books.

    People who study the habits of music-buyers have discovered something curious: the biggest pirates are also the biggest spenders. If you pirate music all night long, chances are you're one of the few people left who also goes to the record store (remember those?) during the day. You probably go to concerts on the weekend, and you probably check music out of the library too. If you're a member of the red-hot music-fan tribe, you do lots of everything that has to do with music, from singing in the shower to paying for black-market vinyl bootlegs of rare Eastern European covers of your favorite death-metal band.

    Same with books. I've worked in new bookstores, used bookstores and libraries. I've hung out in pirate ebook ("bookwarez") places online. I'm a stone used bookstore junkie, and I go to book fairs for fun. And you know what? It's the same people at all those places: book fans who do lots of everything that has to do with books. I buy weird, fugly pirate editions of my favorite books in China because they're weird and fugly and look great next to the eight or nine other editions that I paid full-freight for of the same books. I check books out of the library, google them when I need a quote, carry dozens around on my phone and hundreds on my laptop, and have (at this writing) more than 10,000 of them in storage lockers in London, Los Angeles and Toronto.

    If I could loan out my physical books without giving up possession of them, I would. The fact that I can do so with digital files is not a bug, it's a feature, and a damned fine one. It's embarrassing to see all these writers and musicians and artists bemoaning the fact that art just got this wicked new feature: the ability to be shared without losing access to it in the first place. It's like watching restaurant owners crying down their shirts about the new free lunch machine that's feeding the world's starving people because it'll force them to reconsider their business-models. Yes, that's gonna be tricky, but let's not lose sight of the main attraction: free lunches!

    Universal access to human knowledge is in our grasp, for the first time in the history of the world. This is not a bad thing.

    In case that's not enough for you, here's my pitch on why giving away ebooks makes sense at this time and place:

    Giving away ebooks gives me artistic, moral and commercial satisfaction. The commercial question is the one that comes up most often: how can you give away free ebooks and still make money?

    For me -- for pretty much every writer -- the big problem isn't piracy, it's obscurity (thanks to Tim O'Reilly for this great aphorism). Of all the people who faile