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Google Book Search Settlement Receiving Criticism

waderoush writes "While James Gleick, Lawrence Lessig, and other pundits have reacted positively to this week's proposed settlement of the publishing industry's lawsuit against Google over the Google Book Search project, a deeper study of the agreement turns up some worrisome provisions that could make online access to books much more costly and difficult than it needs to be. Harvard University's libraries, for example, declined to endorse the settlement over concerns that it provides no mechanism for keeping the cost of access to books reasonable. And while the parties to the settlement have made much of the clause providing public libraries with free full-text access to Google's database of over 7 million out-of-print books, Xconomy has a post pointing out that this access is restricted to exactly one Google terminal per library. So, you can read books for free — as long as you're the first person to get to your public library's computer room in the morning."

119 comments

  1. Library, n. 1) A place to keep books. by InfinityWpi · · Score: 2, Insightful

    "So, you can read books for free -- as long as you're the first person to get to your public library's computer room in the morning."

    Or, y'know, if you... check out a copy of the book. 'cause that's what libraries are for.

    1. Re:Library, n. 1) A place to keep books. by Sen.NullProcPntr · · Score: 5, Insightful

      Or, y'know, if you... check out a copy of the book. 'cause that's what libraries are for.

      I think the point is that the books are out of print so probably the library doesn't have a hard copy.

    2. Re:Library, n. 1) A place to keep books. by Anonymous Coward · · Score: 0

      Google's database of over 7 million OUT_OF_PRINT books

      Reading comprehension?

    3. Re:Library, n. 1) A place to keep books. by Anonymous Coward · · Score: 0

      Most of the books in the library by my house appear to be from the 70s, so I would wager, most of those are out of print as well.

    4. Re:Library, n. 1) A place to keep books. by snl2587 · · Score: 1

      And Google's Booksearch really isn't geared towards very comprehensive libraries, though it likely has more than they do and in an easily-searchable format that complements an already great library. What it's really for are the many libraries that are underfunded and do not have an extensive collection of even common out-of-print books.

    5. Re:Library, n. 1) A place to keep books. by rezalas · · Score: 5, Insightful

      'out of print' by definition means they aren't making any more money on this book... which means they don't deserve money from a settlement. "We don't find value in printing this book anymore" should mean it defaults to public domain and becomes free access. Anything else sounds like just another abuse of copyright in my opinion.

    6. Re:Library, n. 1) A place to keep books. by denis-The-menace · · Score: 1

      MOD Parent UP!

      --
      Obama's legacy: (N)othing (S)ecure (A)nywhere and (T)error (S)imulation (A)dministration
    7. Re:Library, n. 1) A place to keep books. by mshannon78660 · · Score: 1

      Actually, the library (and specifically, the Interlibrary Loan Service, ILS) are great places to get out of print books - the place you can't get them is the bookstore ('cause you know, that's what out of print means).

    8. Re:Library, n. 1) A place to keep books. by sexconker · · Score: 1, Insightful

      Out of print, by definition, means the book is no longer being printed.

      Copyright infringement is still legally wrong, and they are still legally entitled to a part of the settlement.

      Many books go out of print only to be reprinted later, printed in different countries (thus making money on it, so fuck your "definition") for a while while the local used market dries up, or added to a compilation or collection that is in progress and will be printed later.

      The most typical case is another print run being done after an author releases a new book, wins an award, dies, or god forbid, writes a sequel.

      You don't know what out of print means.
      You have no idea what the legal ramifications are.
      You are an idiot who likely hates all copyright and believes information wants to be free.

    9. Re:Library, n. 1) A place to keep books. by Sen.NullProcPntr · · Score: 1

      'out of print' by definition means they aren't making any more money on this book...

      Yes, but it doesn't mean they don't plan to in the future. There are many reasons that a book can be considered out of print.

      which means they don't deserve money from a settlement. "We don't find value in printing this book anymore" should mean it defaults to public domain and becomes free access. Anything else sounds like just another abuse of copyright in my opinion.

      Just because it's not worth it to publish a print copy doesn't mean that they should consider the work to be worthless.
      Although I do agree that copyright should be a "use it or lose it" proposition.

    10. Re:Library, n. 1) A place to keep books. by ghetto2ivy · · Score: 1

      Out of Print != Unavailable. Logic fail.

    11. Re:Library, n. 1) A place to keep books. by Anonymous Coward · · Score: 0

      Out of Print != Unavailable.
      Obviously! After all they are available on the Google book service.

      Duh!

    12. Re:Library, n. 1) A place to keep books. by Anonymous Coward · · Score: 4, Insightful

      (Posting as AC because I modded this thread)

      I think you are the one who is guilty of being an idiot. By your logic anything in the public domain should still rightfully be protected by copyright, because someone somewhere may still make a profit from it.

      Good luck telling your grandchildren why they can't read any of the Grimm fairy tales because every edition since before the first world war is still under copyright but out of print.

      Everyone should pay more attention to where our copyright laws are going, because it has all been foretold by RMS.

    13. Re:Library, n. 1) A place to keep books. by Anonymous Coward · · Score: 1, Informative

      Used books exist.

    14. Re:Library, n. 1) A place to keep books. by lgw · · Score: 2, Insightful

      "Information wants to be free" like water wants to run downhill. That's free as in speech, not beer. The statement is true: it takes a *lot* of dilligence to prevent information from spreading in unwanted ways.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    15. Re:Library, n. 1) A place to keep books. by Anonymous Coward · · Score: 0

      Many books go out of print only to be reprinted later, printed in different countries (thus making money on it, so fuck your "definition") for a while while the local used market dries up, or added to a compilation or collection that is in progress and will be printed later.

      If the book comes back into print it's not out of print then is it you dumb piece of shit.

      Clearly the OP wasn't talking about books that are between print runs or between editions but don't let that stop you from being a clueless fucking troll.

      Shove a knife up your ass, dick eater.

    16. Re:Library, n. 1) A place to keep books. by digitig · · Score: 2, Insightful

      'out of print' by definition means they aren't making any more money on this book at the moment, but may choose to reprint at some future date and so start making money again, provided the market hasn't been flooded with illegal copies.

      Fixed that for ya.

      --
      Quidnam Latine loqui modo coepi?
    17. Re:Library, n. 1) A place to keep books. by digitig · · Score: 2, Insightful

      Where did the gp support the existing copyright durations? The issue was the broken logic that suggested a temporary break in publication should lead to a loss of all rights.

      --
      Quidnam Latine loqui modo coepi?
    18. Re:Library, n. 1) A place to keep books. by digitig · · Score: 1

      You might find that the bookstore still has a few copies left if it's only recently gone out of print.

      --
      Quidnam Latine loqui modo coepi?
    19. Re:Library, n. 1) A place to keep books. by digitig · · Score: 2, Informative

      Many books go out of print only to be reprinted later, printed in different countries (thus making money on it, so fuck your "definition") for a while while the local used market dries up, or added to a compilation or collection that is in progress and will be printed later.

      If the book comes back into print it's not out of print then is it you dumb piece of shit.

      Clearly the OP wasn't talking about books that are between print runs or between editions but don't let that stop you from being a clueless fucking troll.

      Shove a knife up your ass, dick eater.

      And if the publisher hasn't yet decided whether to reprint, which is probably the most common case? Gp, pass the AC that knife, it seems it will be him that needs it, not you.

      --
      Quidnam Latine loqui modo coepi?
    20. Re:Library, n. 1) A place to keep books. by sexconker · · Score: 3, Insightful

      Wrong.
      Information doesn't want anything.
      Certain people want information to be free.

    21. Re:Library, n. 1) A place to keep books. by lgw · · Score: 1

      Try reading my post before replying. You're not at all objecting to what I wrote, you're objecting to the (nonsensical) meaning you've assigned to the phrase - no adult seriously uses it that way.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    22. Re:Library, n. 1) A place to keep books. by sexconker · · Score: 3, Insightful

      No, they anthropomorphize information as wanting to be free, so that they can disassociate themselves from their desire for information to be free, and thus claim it as an accepted truth.

      In this way, they seek to paint themselves in a positive light as defenders of information and champions for its freedom. In reality, they're almost always deriding copyright and censorship, and often supporting piracy.

      I often hate copyright law. I hate all censorship. I may or may not yarr on occasion. But I'm up front about it. I don't hide behind useless catch phrases that make claims of playing "backups" of games or movies look plausible.

      I believe you're the one missing the point.

    23. Re:Library, n. 1) A place to keep books. by Maguscrowley · · Score: 3, Insightful

      Some people need it spelled out to them.

      The 'wants' in the sentence "Information wants to be free" is a metaphor for natural tendency. Hence the following sentence water 'wants' to run down hill. Your misinterpretation of the anthropomorphizing of the nouns 'information' and 'water' are stemming from a misunderstanding of the literary devices here.

      Sexconker and the like should feel free to argue over the natural tendency of information being free but they, supposing they passed the 5th grade, should know better then to ascribe a their own meaning to the phrase and then attack our ideals through a false proxy.

      This mistake is known as a certain subfallacy of Ignoratio Elenchi (Red Herring) known as a strawman argument.

    24. Re:Library, n. 1) A place to keep books. by Dan541 · · Score: 1

      Or, y'know, if you... check out a copy of the book. 'cause that's what libraries are for.

      Wow,
      and I thought the recording industry had outdated business models.

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    25. Re:Library, n. 1) A place to keep books. by Dan541 · · Score: 1, Insightful

      Copyright should expire after 5 years, and then people should be entitled to reproduce copies of the works.

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    26. Re:Library, n. 1) A place to keep books. by AmberBlackCat · · Score: 1

      They may not be making money from the books, but if Google is selling ads with their book search then Google is making money from people who want to read these books. So who should that money go to?

    27. Re:Library, n. 1) A place to keep books. by micheas · · Score: 1

      And it's not like you cannot use http://www.lulu.com/ to keep it in print.

      Self publish at 400% mark up to keep copyright seems fair enough.

      If you cannot bother with that, I cannot see any reason to keep it under copyright.

    28. Re:Library, n. 1) A place to keep books. by swillden · · Score: 1

      'out of print' by definition means they aren't making any more money on this book at the moment, but may choose to reprint at some future date and so start making money again, provided the market hasn't been flooded with illegal copies.

      Fixed that for ya.

      If the author or publisher has any intent to reprint at a future date, they can easily log onto Google and request that their book not be make available.

      If they're not willing to put that much effort into preserving their market, then obviously they don't really think it's worth preserving. I think that's an eminently sensible compromise between the public good of making material available and the public good of incenting authors and publishers.

      Note that the good of authors and publishers is irrelevant. That's not why copyright exists.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    29. Re:Library, n. 1) A place to keep books. by PingPongBoy · · Score: 1

      Do you have the right to output the same communications as someone else, i.e., copy, under free speech rights? I don't know - does anyone have an expert opinion?

      In the long run, information wants to be free as in beer because publishers will be decimated by the low cost of digital media. The law and public policy will change to encourage good authors while making books free as in beer. It's a simple matter of extrapolation.

      --
      Know your pads. One time pad: good for cryptography. Two timing pad: where to take your mistress.
    30. Re:Library, n. 1) A place to keep books. by lgw · · Score: 1

      I stand by my statement that no *adult* uses the phrase seriously in the way you've described.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    31. Re:Library, n. 1) A place to keep books. by digitig · · Score: 1

      If the author or publisher has any intent to reprint at a future date, they can easily log onto Google and request that their book not be make available.

      Really? Where can I log onto Google and prevent all electronic and physical distribution of a book? This is a new Google service that I was unaware of.

      --
      Quidnam Latine loqui modo coepi?
    32. Re:Library, n. 1) A place to keep books. by swillden · · Score: 1

      If the author or publisher has any intent to reprint at a future date, they can easily log onto Google and request that their book not be make available.

      Really? Where can I log onto Google and prevent all electronic and physical distribution of a book? This is a new Google service that I was unaware of.

      At present Google only distributes public domain books, so this feature doesn't exist. If you look at Google's planned agreement, you'll see that for in-copyright, out-of-print books, authors will have the option of making full text unavailable (and for in-print books they'll have the option of making it available).

      As for the mechanism, Google will establish a Book Rights Registry which authors and publishers can use to assert their control over a particular book, to challenge its in-print/out-of-print status and to issue directives defining how Google makes their book available.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    33. Re:Library, n. 1) A place to keep books. by digitig · · Score: 1

      As for the mechanism, Google will establish a Book Rights Registry which authors and publishers can use to assert their control over a particular book, to challenge its in-print/out-of-print status and to issue directives defining how Google makes their book available.

      And that will have legal force on other possible distributors? And will Google have a monopoly on maintaining this registry? Because if every POD publisher is maintaining its own registry, then it suddenly looks like a hell of a lot of work for publishers to retain their copyright.

      --
      Quidnam Latine loqui modo coepi?
    34. Re:Library, n. 1) A place to keep books. by joeman3429 · · Score: 1

      To be fair some people do actually back of their games. Not me of course (since I pirate them all and therefor have no need of backup) but some people do. Joking aside I think that if a copyright can't be protected (in the case of... for instance... all media every created), then it's just a waste of time and energy to protect it. If people can simply sit out there in the ether and crack exe's for games, then maybe protecting the games in the first place should seem silly?

    35. Re:Library, n. 1) A place to keep books. by swillden · · Score: 1

      As for the mechanism, Google will establish a Book Rights Registry which authors and publishers can use to assert their control over a particular book, to challenge its in-print/out-of-print status and to issue directives defining how Google makes their book available.

      And that will have legal force on other possible distributors? And will Google have a monopoly on maintaining this registry?

      It will have legal force on all of the publishers and authors who have signed up to the settlement agreement. Google will establish the registry but it will be independent, controlled by a board of directors, whom the signatories to the settlement (which includes many publishers, the Authors' Guild and Google) will jointly select.

      Those who haven't signed on to the settlement agreement, of course, will not be bound by its terms. Google will not publish the full text of their books, but will continue with its present practice of making them searchable and making snippets available. If the authors/publishers don't like that, they can sue Google for copyright infringement, and we'll have to see whether the courts will decide to consider that infringement or not.

      Because if every POD publisher is maintaining its own registry, then it suddenly looks like a hell of a lot of work for publishers to retain their copyright.

      What's a "POD publisher"?

      I don't see how it will be "a hell of a lot of work for publishers to retain their copyright". They'll retain their copyright regardless of what they do with Google.

      I should note, by the way, that NONE of what I'm telling you is non-public. I don't have any involvement in this process, or any relationship with either Google or its opponents. I just bothered to actually READ the information that's available.

      You might try doing the same, if you care so much about the issue.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    36. Re:Library, n. 1) A place to keep books. by digitig · · Score: 1

      It will have legal force on all of the publishers and authors who have signed up to the settlement agreement. Google will establish the registry but it will be independent, controlled by a board of directors, whom the signatories to the settlement (which includes many publishers, the Authors' Guild and Google) will jointly select.

      But conditional distribution rights agreed between the registry and the signatories to the settlement is nothing at all like the book defaulting to public domain, as suggested by the message I "fixed", is it?

      What's a "POD publisher"?

      "Publish on Demand"

      I don't see how it will be "a hell of a lot of work for publishers to retain their copyright". They'll retain their copyright regardless of what they do with Google.

      Not if the work defaults to the public domain, as suggested by the message I "fixed".

      I just bothered to actually READ the information that's available.

      But not the thread you were commenting to. Such a pity.

      --
      Quidnam Latine loqui modo coepi?
    37. Re:Library, n. 1) A place to keep books. by swillden · · Score: 1

      I did lose the context along the way, sorry.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    38. Re:Library, n. 1) A place to keep books. by ErkDemon · · Score: 1
      No, "out of print" does NOT mean that no print copies exist!

      It means that the publisher has run out of new copies to sell you. It might be that the publisher has no intention of ever printing any more, or it might be that they're pondering whether or not it might be worthwhile running off another batch, depending on how many people ask.

      One obscure academic book that I wanted to buy had a very small print run, and seemed to go out of print in about eight months! So I had to go to a library and (ahem) photocopy a couple of key pages. A few years later, they reprinted it.

    39. Re:Library, n. 1) A place to keep books. by ErkDemon · · Score: 1
      Actually, some of the old C19th fairy-tale books are still available new, as facsimile editions.

      And then there are all the modern editions.

      So they're not //in// copyright and //out// of print, they're //out// of copyright and //in// print.

      :)

    40. Re:Library, n. 1) A place to keep books. by digitig · · Score: 1

      I did lose the context along the way, sorry.

      It's a /. tradition :-)

      --
      Quidnam Latine loqui modo coepi?
    41. Re:Library, n. 1) A place to keep books. by sexconker · · Score: 1

      Gee, a pirate who thinks copyrights are dumb and all anti-piracy measures should just be given up.

      When it's YOUR work people are stealing, you'll sing a different tune (then again, you'd actually have to do something creative/constructive, and I think the odds are pretty much against you on that one).

      I do agree that the majority of anti-piracy measures we've seen so far have been failures, and that the people who buy into them are idiots.

    42. Re:Library, n. 1) A place to keep books. by joeman3429 · · Score: 1

      you're pretty on the spot. I'm not a creative person. At all. I'm more of a free thinker. Open minded, don't like to limit myself to being creative, you know.

      And you're also right that I'd be singing a different tune. That's why I hope I never find myself in the position of selling something that needs to be protected like that. Count me out of business in general.

    43. Re:Library, n. 1) A place to keep books. by sexconker · · Score: 1

      Well, at least we know you're not a plumber, Joe.

  2. Worse than that! by Dan+East · · Score: 3, Insightful

    "So, you can read books for free â" as long as you're the first person to get to your public library's computer room in the morning."

    It's much worse than that. If you were to read those same books electronically from the comfort and convenience of your own home, then your eyeballs would explode and your body would spontaneously combust, possibly killing your entire family and burning down your house. At least that's the only reasonable explanation I can think of for why I would have to sit in front of a computer in the library to access an online resource instead of using my own computer.

    --
    Better known as 318230.
    1. Re:Worse than that! by Chabil+Ha' · · Score: 1

      So I was thinking...what if I hijacked the library computer so that I could read books from home.

      The whole idea of books was being able to quickly and cheaply reproduce information for the masses. It's funny how anyone caught doing so with certain texts were branded heretics and burned at the stake. Here we are a few centuries later and the same thing is occurring with the Internet.

      Sometimes I really wonder if Fahrenheit 451 is fiction or prophecy.

      --
      We're all hypocrites. We all have hidden parts, it's the contrast between them that make us more a hypocrite than others
    2. Re:Worse than that! by TubeSteak · · Score: 1

      At least that's the only reasonable explanation I can think of for why I would have to sit in front of a computer in the library to access an online resource instead of using my own computer.

      Libraries are relatively controlled environments.
      If they gave everyone access at home, there would be no real impediment to prevent screen scraping of the entire collection.

      --
      [Fuck Beta]
      o0t!
  3. Just create by Anonymous Coward · · Score: 0

    Just create virtual libraries for one.

    Problem solved.

  4. Ah, well... RMS seems to have been right again. by Forty+Two+Tenfold · · Score: 5, Insightful
    --
    Upward mobility is a slippery slope - the higher you climb the more you show your ass.
  5. My New Library by continental_guy · · Score: 1

    I wonder if there is a stipulation on what defines a library. Perhaps it's time to open my own, new, single computer library in my house. Of course membership would be somewhat limited.

    1. Re:My New Library by mcgrew · · Score: 1

      I think by "library" they mean a public library, or at the very least a semi-public library such as a university library.

    2. Re:My New Library by gnick · · Score: 2, Informative

      FTA:

      If you read the agreement, you'll see that it restricts each public library to exactly one Google terminal. Tens of millions of books online-but at any given moment, no more than 16,543 people are allowed to read them without paying. (That's how many public libraries and branches there are in the United States, according to the American Library Association-one for every 18,500 Americans.)

      I'm not sure what the procedure is for turning your house into a public library, but I suspect that you're SOL - Especially if you're not willing to open up to the public.

      --
      He's getting rather old, but he's a good mouse.
    3. Re:My New Library by deraj123 · · Score: 1

      Why not open it to the public, but have very short hours? Lets say...1:00pm - 1:05pm every other Monday. Subject to change. Book selection is also rather limited.

    4. Re:My New Library by lgw · · Score: 1

      The public libraries clearly just need to redefine what a "branch" means. If they get 1 terminal per brach, the problem could easily be solved.

      --
      Socialism: a lie told by totalitarians and believed by fools.
  6. Inter-Library Loan by Anonymous Coward · · Score: 0

    This is where inter-library loans are great, a little wait, but free access to most books and journals that aren't ridiculously rare, without any cost.

    1. Re:Inter-Library Loan by Anonymous Coward · · Score: 5, Insightful

      Nothing says "great" like forcing cash-starved public institutions to ship wood pulp back and forth to get those words to me, to preserve the vanishingly small chance a publisher may decide to start printing those words again someday.

  7. First lender. by Ostracus · · Score: 1

    "...Xconomy has a post pointing out that this access is restricted to exactly one Google terminal per library. So, you can read books for free â" as long as you're the first person to get to your public library's computer room in the morning."

    OK and if I want to access one of my libraries databases on CDROM how would that be different than this?

    --
    Shai Schticks:"You don't make peace with friends, you make peace with enemies"
    1. Re:First lender. by morgan_greywolf · · Score: 4, Informative

      Many libraries either have the CDROMs mounted on a disc changer, or the content served out from a network share. They have special licensing terms for libraries to allow them to do this. Some like ProQuest or EBSCO provide that licensing at reduced cost or sometimes even no charge for certain libraries, in the name of being 'good corporate citizens'.

      (I have two friends who are both librarians)

    2. Re:First lender. by LandDolphin · · Score: 1

      I was wondering that too.

      Could the library download a copy of the book from google and burn it to a CD that could be checked out?

      --
      Spelling and Grammar errors have been added to this post for your enjoyment
    3. Re:First lender. by gnick · · Score: 1

      They could probably burn off as many copies as they wanted, assuming that the book isn't copyrighted. Otherwise they may run into trouble.

      --
      He's getting rather old, but he's a good mouse.
  8. Massive parallelization of libraries? by pfbram · · Score: 3, Interesting

    Well, maybe libraries need to build a string of tiny booths outdoors, each with a little consecutively numbered sign: Library 0, Library 1...Library N and one terminal, comfortable chair and window in each of them. It would seem to meet the letter of the agreement. ;-)

    1. Re:Massive parallelization of libraries? by bendodge · · Score: 1

      Have fun with zoning and that! Oh, and the bookkeeping should be fun, too.

      --
      The government can't save you.
    2. Re:Massive parallelization of libraries? by Anonymous Coward · · Score: 0

      Cock. Srsly.

    3. Re:Massive parallelization of libraries? by Anonymous Coward · · Score: 0

      I have a library room in my house, does that count for this?

  9. Common sense revolts by mcgrew · · Score: 5, Interesting

    I've been reading Lessig's Free Culture (available online somewhere; I have a local copy). From the preface:

    On December 17, 1903, on a windy North Carolina beach for just shy of one hundred seconds, the Wright brothers demonstrated that a heavier-than-air, self-propelled vehicle could fly. The moment was electric and its importance widely understood. Almost immediately, there was an explosion of interest in this newfound technology of manned flight, and a gaggle of innovators began to build upon it.

    At the time the Wright brothers invented the airplane, American law held that a property owner presumptively owned not just the surface of his land, but all the land below, down to the center of the earth, and all the space above, to "an indefinite extent, upwards."1 For many years, scholars had puzzled about how best to interpret the idea that rights in land ran to the heavens. Did that mean that you owned the stars? Could you prosecute geese for their willful and regular trespass?

    Then came airplanes, and for the first time, this principle of American law--deep within the foundations of our tradition, and acknowledged by the most important legal thinkers of our past--mattered. If my land reaches to the heavens, what happens when United flies over my field? Do I have the right to banish it from my property? Am I allowed to enter into an exclusive license with Delta Airlines? Could we set up an auction to decide how much these rights are worth?

    In 1945, these questions became a federal case. When North Carolina farmers Thomas Lee and Tinie Causby started losing chickens because of low-flying military aircraft (the terrified chickens apparently flew into the barn walls and died), the Causbys filed a lawsuit saying that the government was trespassing on their land. The airplanes, of course, never touched the surface of the Causbys' land. But if, as Blackstone, Kent, and Coke had said, their land reached to "an indefinite extent, upwards," then the government was trespassing on their property, and the Causbys wanted it to stop.

    The Supreme Court agreed to hear the Causbys' case. Congress had declared the airways public, but if one's property really extended to the heavens, then Congress's declaration could well have been an unconstitutional "taking" of property without compensation. The Court acknowledged that "it is ancient doctrine that common law ownership of the land extended to the periphery of the universe." But Justice Douglas had no patience for ancient doctrine. In a single paragraph, hundreds of years of property law were erased. As he wrote for the Court,

    [The] doctrine has no place in the modern world. The air is a public highway, as Congress has declared. Were that not true, every transcontinental flight would subject the operator to countless trespass suits. Common sense revolts at the idea. To recognize such private claims to the airspace would clog these highways, seriously interfere with their control and development in the public interest, and transfer into private ownership that to which only the public has a just claim.2

    "Common sense revolts at the idea."

    He's no Isaac Asimov; the book isn't exactly gripping, but what he has to say is incredibly important.

    Ironically, searching Google Books for Lessig's freely available book yields this: "This is a preview. The total pages displayed will be limited."

    You can read/download it here at. Here is a PDF version.

    1. Re:Common sense revolts by Anonymous+Brave+Guy · · Score: 0, Redundant

      And yet, by exactly the same argument, common sense should revolt at the idea that I can't walk from my own back yard through to the shops via my neighbours' back yards, nor they to the main road through mine. In days long ago, man had no concept of private property, and anyone was free to walk to the river to fetch water or walk to the woods to go hunting by the most convenient route. At some point, society started to recognise the concepts of private property, a home, a personal space. It is actually rather disappointing that a non-argument based on unspecified public good and "common sense" is the basis for such a fundamental court judgement.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    2. Re:Common sense revolts by cdrguru · · Score: 2, Interesting

      The idea of "property rights" is a relatively recent notion and one that is not shared by all people. To many cultures, some admittedly obsolete, the idea of some thing or some place "belonging" to anyone is utterly foreign. The Inuit and aboriginal folk in Australia have no concept of property and property rights.

      Of course, while cultures that do not have property rights may have produced some interesting artwork, these cultures have virtually no other standing in the world today. They are not known for intellectual achievements, nor engineering works nor really anything at all. I would say it seems to have been necessary for the evolution of a people to actually create things and concepts of value for that people to develop the idea of personal property. Without it there seems to be a lack of motivation.

    3. Re:Common sense revolts by TubeSteak · · Score: 1

      You left out the part where the courts declared that you have rights to "airspace you can reasonably use" even if it interferes with overflying aircraft.

      Nowadays that is effectively no more than 500ft without FAA approval and most likely far less than 500ft because of local and State laws.

      There are a lot of "rights" when it comes to property.
      Most people are only buying a few feet of topsoil and limited air rights.

      --
      [Fuck Beta]
      o0t!
    4. Re:Common sense revolts by SirGarlon · · Score: 2, Interesting

      Here we have a classic case of what Republicans "legislating from the bench." Justice Douglas' argument boils down to "the past 1000 years of Anglo-Saxon legal tradition, which we the people have willingly incorporated into our jurisprudence, are inconvenient and don't make a lot of sense. I could follow the law as it is, rule in accordance with the established law of the land, and find in favor of the plaintiffs, but nah, my common sense revolts at the idea. So instead I'll redefine what property means right here in this courtroom, all by myself, without any input from the legislature or the general public."

      Yes, it's nonsense to have property rights extend to the boundary of the known universe. But think for a moment if the verdict in this case had been, "Sorry, Congress, property rights haven't changed and technically overflying private property is trespass. You've got two laws, the property rights common-law definition and this new thing about airplanes, and the older law wins. Maybe you ought to change one of 'em."

      Then Congress would have formally passed a new definition of property rights, and it could have come up for debate, been subject to Presidential veto, and generally gone through the whole deliberative process by which laws are supposed to get made.

      Frankly, I am all in favor of the Supreme Court's power to strike down laws that violate the Constitution ... but violating "common sense" ain't the same thing.

      --
      [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
    5. Re:Common sense revolts by Mathinker · · Score: 1

      > unspecified public good

      The judge, if Lessig is to be relied on, does specify what is the public good involved --- the ability to travel by air.

      > common sense should revolt at the idea that I can't walk from my own back yard through
      > to the shops via my neighbours' back yards

      You miss the point totally. There would be no reason for any judge to even review the concept of trespassing since it was invented by democratic legislation. That is the way laws evolve in democracies. The judge in the case in question was called on to decide how to smooth out the contradiction between the law of Congress that the airways are public and ancient precendent which, when adopted, had no ramifications whatsoever. The judge decided that this "precendent" was stupid.

      A better analogy would be if the present Congress were to pass a law making it illegal to marry extraterrestrial aliens, and 1000 years from now they actually arrive on Earth. It seems to me to be "common sense" that only a judge in the future with knowledge and experience of extraterrestrial aliens could decide if the law was constitutional and/or benificial or detrimental to society.

    6. Re:Common sense revolts by shungi · · Score: 1

      Actually, that is not true - at least of the indigenous australian - they had title to property - And the high court here found that the the myth of terra nullius - that nobody owned australia and that there were no laws was bunk. Decision was called Mabo. http://en.wikipedia.org/wiki/Mabo_v_Queensland

    7. Re:Common sense revolts by swillden · · Score: 2, Interesting

      "Sorry, Congress, property rights haven't changed and technically overflying private property is trespass. You've got two laws, the property rights common-law definition and this new thing about airplanes, and the older law wins. Maybe you ought to change one of 'em."

      That's what Congress did when it declared the airways public. If the first new law didn't beat out the old law, why would a second?

      Frankly, I am all in favor of the Supreme Court's power to strike down laws that violate the Constitution ... but violating "common sense" ain't the same thing.

      You're in favor of striking down the laws against libel and slander, or speech that endangers people? Much of the job of the Supreme Court is balancing the brief and non-specific words in the Constitution and amendments with the dictates of common sense and the weight of history and precedent. Lower courts also have to do the same thing when applying the law to their cases. It's necessary because it's impossible to write a legal code that is both fully specified and just. If it were possible, we could implement the law with a computer program and we wouldn't need judges.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  10. Enough with the google bashing by Anonymous Coward · · Score: 0

    Look...everybody here should be familiar with basic logic...
    Google's own policy is "don't be evil"
    The Slashdot article implies that Google is evil.
    Therefore the Slashdot article is wrong.
    Simple predicate logic.

    1. Re:Enough with the google bashing by morgan_greywolf · · Score: 1

      Look...everybody here should be familiar with basic logic...
      Google's own policy is "don't be evil"
      The Slashdot article implies that Google is evil.
      Therefore the Slashdot article is wrong.
      Simple predicate logic.

      The truly scary thing is I can't tell if this AC is joking or not.

    2. Re:Enough with the google bashing by mcgrew · · Score: 2, Informative

      Agreed, but his logic is incredibly faulty just the same, and there may actually be people who think like that.

      "Don't BE evil" is not the same as "don't DO evil". And at any rate, Pontiac's motto used to be "we build excitement" when in fact what they actually built was cars.

      Corporate mottos are meaningless to anyone but an idiot, Google's included (as much as I like their search engine).

    3. Re:Enough with the google bashing by morgan_greywolf · · Score: 1

      "Don't BE evil" is not the same as "don't DO evil".

      Pontiac's motto used to be "we build excitement" when in fact what they actually built was cars

      No, not actually. I wouldn't glorify anything Pontiac/GM produced during this period of their existence with the term 'car'.

      Corporate mottos are meaningless to anyone but an idiot

      Where do you want to go today?

    4. Re:Enough with the google bashing by Bloke+down+the+pub · · Score: 1

      Pontiac's motto used to be "we build excitement" when in fact what they actually built was cars

      I think they were pretty close (one substitution, one deletion) to the truth.

      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
  11. Define "read" by TheLoneGundam · · Score: 1

    If I pull the book via some cURL-like software to my flash drive, is that "reading" it online?

  12. Just did a term paper on this very subject by SIR_Taco · · Score: 2, Interesting

    I just finished a term paper for University on this very subject, my argument and topic of discussion was why an online book resource and/or library differs from a traditional library.
    If Google were to purchase a copy of a book and lend it out electronically, and a library were to purchase a copy of a book and lend it out physically how do they differ?
    The main difference is that the library likely has only one copy and only one copy can be borrowed at a time. If they were to have more than one copy they could thus lend out more at one time but would thus have to pay for each additional copy. Google, on the other hand, has purchased one copy of a book which can be borrowed simultaneously by X number of people around the world without the need to purchase additional copies.
    The issue of volumes being out of print should be of no direct concern to the publishing industry. They have no desire or need to republish the book, hence it being out of print, so it really should just become part of the public domain and freely available to anyone who wishes to read it.
    Of course the problem with that is that the price of rare out of print book sales might be effected negatively. There is no easy answer, just a more preferable one depending on which side of the fence you are on.

    --
    I say don't drink and drive, you might spill your drink. Before you get behind the wheel just stop and think.
    1. Re:Just did a term paper on this very subject by mcgrew · · Score: 2, Interesting

      I have argued that this is one way that copyright should be reformed - that once a work is out of print, it is in the public domain. Disney's habit of bringing out of print movies every seven years is IMO sleazy.

      Of course, it would be a moot point if copyrights were reasonable length; say, 20 years. Can anyone argue that JRR Tolkien will ever write any more books?

    2. Re:Just did a term paper on this very subject by lgw · · Score: 1

      Can anyone argue that JRR Tolkien will ever write any more books?

      Many people write books primarily for money. I believe this even motivated Tolkien. Once you have a lot of money, receiving more money is not so much motivation, unless you can give that money to others that you care about. The ability for a book to remain in copyright for a few years after the author's death helps with this.

      You're still motivating the author to write in the first place, even if the payment happens after his death.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    3. Re:Just did a term paper on this very subject by NewWorldDan · · Score: 1

      The out of print argument works fine in the realm of digital distribution where additional units can be produced for free. In the real world, economies of scale come in to play. It doesn't make sense to print a book if you can't sell at least, say, 10,000 copies at your desired price. Thus, a book may sit out of print until such a time as demand justifies printing more copies. The point being that it is the interest of authors and publishers to maximize their profits. Keep in mind that Disney's habit of bringing movies back only every seven years began when the only way to see a movie was at a theater. Continuous runs didn't work and the movies required storage and preservation in the interim.

      In the current digital era, most of these concerns simply go out the window. Publishing has become far more efficient and digital formats eliminate a lot of distribution issues. As you suggest, the best answer is to keep copyrights to a reasonable length. Most works generate most of their profits in the first couple of years after their publication.

    4. Re:Just did a term paper on this very subject by mcgrew · · Score: 1

      Again, from Lesig's book:

      This much is familiar. What you might not know is that 1928 also marks another important transition. In that year, a comic (as opposed to cartoon) genius created his last independently produced silent film. That genius was Buster Keaton. The film was Steamboat Bill, Jr.

      Keaton was born into a vaudeville family in 1895. In the era of silent film, he had mastered using broad physical comedy as a way to spark uncontrollable laughter from his audience. Steamboat Bill, Jr. was a classic of this form, famous among film buffs for its incredible stunts. The film was classic Keaton--wildly popular and among the best of its genre.

      Steamboat Bill, Jr. appeared before Disney's cartoon Steamboat Willie. The coincidence of titles is not coincidental. Steamboat Willie is a direct cartoon parody of Steamboat Bill,2 and both are built upon a common song as a source. It is not just from the invention of synchronized sound in The Jazz Singer that we get Steamboat Willie. It is also from Buster Keaton's invention of Steamboat Bill, Jr., itself inspired by the song "Steamboat Bill," that we get Steamboat Willie, and then from Steamboat Willie, Mickey Mouse.

      This "borrowing" was nothing unique, either for Disney or for the industry. Disney was always parroting the feature-length mainstream films of his day.3 So did many others. Early cartoons are filled with knockoffs--slight variations on winning themes; retellings of ancient stories. The key to success was the brilliance of the differences. With Disney, it was sound that gave his animation its spark. Later, it was the quality of his work relative to the production-line cartoons with which he competed. Yet these additions were built upon a base that was borrowed. Disney added to the work of others before him, creating something new out of something just barely old.

      Sometimes this borrowing was slight. Sometimes it was significant. Think about the fairy tales of the Brothers Grimm. If you're as oblivious as I was, you're likely to think that these tales are happy, sweet stories, appropriate for any child at bedtime. In fact, the Grimm fairy tales are, well, for us, grim. It is a rare and perhaps overly ambitious parent who would dare to read these bloody, moralistic stories to his or her child, at bedtime or anytime.

      Disney took these stories and retold them in a way that carried them into a new age. He animated the stories, with both characters and light. Without removing the elements of fear and danger altogether, he made funny what was dark and injected a genuine emotion of compassion where before there was fear. And not just with the work of the Brothers Grimm. Indeed, the catalog of Disney work drawing upon the work of others is astonishing when set together: Snow White (1937), Fantasia (1940), Pinocchio (1940), Dumbo (1941), Bambi (1942), Song of the South (1946), Cinderella (1950), Alice in Wonderland (1951), Robin Hood (1952), Peter Pan (1953), Lady and the Tramp (1955), Mulan (1998), Sleeping Beauty (1959), 101 Dalmatians (1961), The Sword in the Stone (1963), and The Jungle Book (1967)--not to mention a recent example that we should perhaps quickly forget, Treasure Planet (2003). In all of these cases, Disney (or Disney, Inc.) ripped creativity from the culture around him, mixed that creativity with his own extraordinary talent, and then burned that mix into the soul of his culture. Rip, mix, and burn.

      This is a kind of creativity. It is a creativity that we should remember and celebrate. There are some who would say that there is no creativity except this kind. We don't need to go that far to recognize its importance. We could call this "Disney creativity," though that would be a bit misleading. It is, more precisely, "Walt Disney creativity"--a form of expression and genius that builds upon the culture around us and makes it something different.

      In 1928, the culture that Disney was free to draw upon was relatively fresh. The public domain in 1928 was not very old and was therefore quite v

    5. Re:Just did a term paper on this very subject by mcgrew · · Score: 1

      It doesn't make sense to print a book if you can't sell at least, say, 10,000 copies at your desired price.

      And yet, in the 1920s there was an author named Vachel Lindsey from Springfield who made books like theye were made a thousand years ago - one by one, by hand, selling them in his travels across the continent as a hobo.

    6. Re:Just did a term paper on this very subject by Anonymous Coward · · Score: 0

      However, Google does not need to restrict access to a single terminal in order to make sure that a single copy of the work is accessed at any one time.

      Our university library has agreements with electronic resources vendors that stipulate that, for example, only five people can have access to a copy of a particular work at any one time, and that access is restricted to our network (although off-campus students are allowed to log into our network through our VPN). If more than five licenses are checked out at once, the patron gets an error message saying that all copies are checked out and he or she will have to try again later -- the same as with a regular book on reserve.

      Restricting access to a single physical terminal at each library (rather than to one terminal per book at a time at each library) seems like a horribly backwards solution in comparison, and is actually more likely to result in people trying to make temporary copies of the work. (Since people will be encouraged to move through in a timely manner so that other people can use the "Google terminal".)

      We have the technology. Why doesn't Google use it?

      (Now, as to whether Google then ought to pay the copyright holder for one book per library allowed to access it, that's another issue. In the case of out-of-print books, it's a particularly tricky issue, because out-of-print books are so often purchased second-hand.)

    7. Re:Just did a term paper on this very subject by lgw · · Score: 1

      Parody is protected. Even 2 live Crew's rip-off of "Pretty Lady" was protected (mostly because the SCOTUS didn't want to take on the job of discriminating between good art and bad). Ripping off a couple bars of a song without an agreement before-hand has to go to the court - and of course the court will get it wrong from time to time. Is ZZ Top "stealing" Howlin' wolf OK, but Vanilla Ice stealing "Pressure" not OK? I think so, but you can't exactly make that explicit in law - a court has to get involved.

      Songs get remade quite often with licensing deals. It's not at all the case that one artist can't build on another artist's work if it's still in copyright, it's just that they have to agree.

      Now, there's *certainly* room to argue that copyright is too long - especially copyright owned by a company, not an individual, but to say simply "copyright should end at the death of the author" isn't right.

      --
      Socialism: a lie told by totalitarians and believed by fools.
  13. criticize all you want... by Coraon · · Score: 0

    when your google, and putting up the settlement cash then you can dictate terms.

    --
    -Ours is the wisdom of Solomon, the magic of Merlyn, the fall of Icaris.
    1. Re:criticize all you want... by sexconker · · Score: 1

      When you're the plaintiff's, you can reject the settlement, and continue litigation.

      Oh, that's what Harvard is doing?
      That's in TFS?

      Shocker.

    2. Re:criticize all you want... by strength_of_10_men · · Score: 2, Insightful

      not to be a google-apologist, but to be fair, why is this google's fault? i would bet that the one-google-terminal-per-library is a stipulation that the publishers insisted on.

      google could have gone to court with this and lost and we'd have ... nothing. at least now, there's SOME access to all these out of print books.

      i'm just sayin'...

    3. Re:criticize all you want... by ErkDemon · · Score: 1
      Uh, dude, we already have access to "all these out of print books". Archival copies are stored in special buildings called "libraries".

      If you live in Europe or North America, your local library can probably get you almost anything that exists in the Western library system, for free or for a nominal charge, Europe and the US have an interlibrary loan scheme for just this purpose.

      Where do you think that Google are getting their hands on these "out of print" books to scan?

      They get them from libraries.

  14. Hmm... by Troll14 · · Score: 2, Interesting

    Do these 7 million out-of-print books include porno mags? I'd love to see Marilyn Monroe pop up while searching the archives!

    --
    "Mama always said life was like a box a chocolates, never know what you're gonna get" - Forest Gump
  15. Where to address the reading issue. by maxume · · Score: 2, Interesting

    The reading issue is better addressed with Congress than it is the publishing industry. Sure, the publishing industry has a lot more friends in Congress than the public seems to, but ultimately, the best solution is not to hope that a large company can force the industry into favorable terms, it is reasonable terms for copyright.

    --
    Nerd rage is the funniest rage.
  16. Slashdot ate half of my other post. :( by morgan_greywolf · · Score: 1

    What I said in it was that not everyone agrees on what 'evil' means anyhow. One man's evil is another man's justice.

  17. Don't Rush to Judgment (& I'm not a pundit) by Anonymous Coward · · Score: 1, Informative

    I think it will become clear that the public access terminals are a tiny part of the program as it evolves. What most readers will see will be a tremendous expansion their ability to browse, consult, and even read books online--particularly the huge reservoir of books that are still copyrighted but out of print.

    It won't always be free, so some will always complain. Still ...

    I'm really not a pundit, but an author. I have an interest. I'm on the board of the Authors Guild, and worked hard on this, so you may take what I say with the appropriate grain of salt. But I can tell you that everyone involved, whatever their differences, cared profoundly about readers above all.

    1. Re:Don't Rush to Judgment (& I'm not a pundit) by phantomfive · · Score: 1

      Not a pundit? You're also not a particularly good writer considering you are an author. "Cared profoundly about readers above all?" Right........

      By the way, your second sentence is a real sleeper. I had to try to read it three times before I could get all the way through. Might want to work on that grammar a bit, as well, and generally improve your impersonation act. Or just stop lying and trolling.

      Yeah, I'm calling you out. Come show yourself, if you're real.

      --
      Qxe4
  18. Re:Slashdot ate half of my other post. :( by mcgrew · · Score: 1

    I agree with that, too. I consider the death penalty to be barbaric as well as evil, some consider it justice. As they say, one man's meat is another man's poison.

  19. OUT OF PRINT by sexconker · · Score: 3, Insightful

    Why do people keep thinking out of print means impossible to find, not being sold, etc?

    OUT OF PRINT means it's NOT BEING PRINTED.

    Current copies can be sold.
    If those are gone (VERY rarely does a book actually sell out. Even rarer is a book selling out, and a publisher not immediately printing more.), the used market kicks in.
    Libraries are just that - LIBRARIES. They collect books, and they just happen to let you check them out for a while.

    Books go out of print and are reprinted later all the time. They are printed for different countries. They are collected into compilations or collections, which are printed when finished. They are updated by the author, and a new revision is printed. They are reprinted when the author writes a new book or a sequel, wins an award, dies, the book is turned into a movie, etc.

    Out of print means just that.
    There is currently not a printing press making new copies of the book. Copies are often hard to acquire from a store, and maybe even a library. But all you nerds have this thing called the internet where you can get together and buy and trade things.

    I seem to recall a certain website named after a certain river/rain forest/tribe of warrior women getting it's fucking start by making is vastly easier to access books in general.

    1. Re:OUT OF PRINT by Lincolnshire+Poacher · · Score: 1

      > the used market kicks in.

      Yes indeed it does:

      http://www.abebooks.com/servlet/SearchResults?sts=t&tn=aerofax+mig-21&x=0&y=0

      A dollar per page? In other words, unattainable.

    2. Re:OUT OF PRINT by swillden · · Score: 1

      Here's another example.

      $240 for a paperback book.

      Actually, in that particular case there's probably enough market to justify another printing, and indeed Baen books has picked it up and will be releasing it in a few months. The real sad cases are those in which the potential market is too small to justify a printing run. This is particularly true for obscure reference books, which people tend to buy to keep, removing them from the market completely.

      There's a lot of value in making these books available on-line. Oh, and if authors/publishers of a particular book don't WANT it to be available on-line because they're thinking about printing it, they can easily ask Google not to make it available.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    3. Re:OUT OF PRINT by sexconker · · Score: 1

      Or, maybe Google shouldn't assume they have rights to every fucking thing in existence.

      Google should be actively procuring the rights to the books, not assuming everyone's cool with it and then maybe dealing with it later if they bitch enough.

    4. Re:OUT OF PRINT by swillden · · Score: 1

      Or maybe Google shouldn't assume they have rights to everything in existence.

      They don't. Google's argument (and one that is dead accurate, based on the history and purpose of copyright law) is that offering books for search should NOT be considered copyright infringement. The motivation for copyright is to advance the arts and sciences, and making material easier to find, without limiting the ability of publishers to be compensated, is absolutely to the benefit of progress. Google's approach of scanning and enabling search, while refusing to provide full-text downloads, strikes an excellent balance.

      If you don't understand this, you need to learn something about what copyright is, where it came from and what it's for. The nutshell version is that it is about enhancing the value of the public domain, and has nothing whatsoever with enabling publishers and authors to make a living. It does help them, but that's the means, not the end.

      (BTW, I edited your quote above to increase its strength and impact, and make you look smarter. I apologize if that offends you.)

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    5. Re:OUT OF PRINT by sexconker · · Score: 1

      "The motivation for copyright is to advance the arts and sciences"

      No, it's really not. It's about money.
      Quite literally, it is the right to copy.
      Copyright law exists to prevent free dissemination.

      Google indexing stuff and providing search results is useful, sure. That's what we have abstracts for.

      The problem is Google was indexing full texts, and often displaying/caching (essentially displaying if the user isn't a complete moron) full texts. Often, it's a problem with the site, sure. But it's just as much of a problem for Google to assume rights they don't have, to spider around and brute force pages, etc.

      Search indexing is essentially opt-out. It should (in the "get off my lawn!" sense) be opt-in. The internet is much more usable with the opt-in method, but that's not always a good thing for the people publishing content.

    6. Re:OUT OF PRINT by swillden · · Score: 1

      "The motivation for copyright is to advance the arts and sciences"

      No, it's really not. It's about money. Quite literally, it is the right to copy. Copyright law exists to prevent free dissemination.

      Your premise is flawed. Copyright does prevent free dissemination, but that is not its purpose.

      The problem is Google was indexing full texts, and often displaying/caching (essentially displaying if the user isn't a complete moron) full texts. Often, it's a problem with the site, sure. But it's just as much of a problem for Google to assume rights they don't have, to spider around and brute force pages, etc.

      I disagree. I think indexing full texts is a clear Fair Use, and while it is possible for users to hack around the limitations on displaying the whole text so they can get it anyway, there is no evidence that this fact is in any way detracting from the commercial value of the works. Google claims to have pretty good evidence to the contrary, by showing statistics on people who found books via their search engine and then purchased them.

      Google started this project because their attorneys looked at it and said there was a solid argument to be made that Google's actions were fair use. That's why they went ahead with it, and it's also why the parties that brought suit against Google are willing to settle. Notice that the settlement they're agreeing to is also an "opt-out" indexing approach. Why would the organizations who collectively represent 90+% of the active publishers and authors in the country agree if they thought they had a good argument to the contrary, and if they thought that it was contrary to their interests? Not for $125M. That's chump change.

      The answer, obviously, is that the publishers and authors are not sure they can overcome the Fair Use argument, and probably also because they see some value in having the books indexed and searchable. As the article makes clear, there are some negative impacts of the settlement on libraries, but I imagine the settlement will be revised to address them so that everyone involved is relatively happy.

      Happiest of all, of course, will be the public. The incentive to publish will not be significantly damaged, and more material will be more easily available to everyone. That is perfectly in accordance with the social contract that underlies copyright law.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    7. Re:OUT OF PRINT by sexconker · · Score: 1

      Your premise is flawed. Copyright does prevent free dissemination, but that is not its purpose

      No, that's exactly it's purpose!
      It's to keep the right to copy something in the hands of a single person/organization.

      And the whole thing only started because Google got sued, knew it would lose, and settled by offering up this program.

    8. Re:OUT OF PRINT by swillden · · Score: 1

      No, that's exactly it's purpose! It's to keep the right to copy something in the hands of a single person/organization.

      That's its effect. That is not its purpose.

      Is the purpose of an automobile to consume fuel?

      Is the purpose of a hard drive to spin platters and move heads from place to place?

      And the whole thing only started because Google got sued, knew it would lose, and settled by offering up this program.

      If it was so clear that Google would lose, why did the publishers and authors sign on to this compromise? Note that the compromise gives Google EVERYTHING it wants. The only downsides to Google, as compared to a complete win are, (1) the cash settlement and (2) having to bother with the registry.

      The publishers and authors filed a lawsuit to limit Google, but ended up agreeing to a settlement that does the opposite, in exchange for a pittance.

      I think the nature of the settlement makes it VERY clear who had the weaker case, and it wasn't Google.

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    9. Re:OUT OF PRINT by sexconker · · Score: 1

      COPY
      RIGHT

      It is the right to copy.
      The purpose is to restrict the right to copy.

      You are a moron.

    10. Re:OUT OF PRINT by swillden · · Score: 1

      I'm the moron? How much have you read on the history of copyright, its origin, its evolution and the re-balancing that has been periodically performed to ensure it supports the underlying social contract?

      Here's a little test:

      • Who created the first copyright law? What was its purpose?
      • Who created the first modern copyright law, on the social-value theory of copyright? What was its purpose?
      • What are mechanical reproduction rights? When did they arise and what motivated them?
      • What is compulsory licensing? What kinds of copyrighted materials does it apply to, when was it created and why?
      • What are statutory rates? Who pays them, and to whom?
      • What is Fair Use?
      • Copyright restricts more than just creation of copies. What else does it control?

      If you think it's simple, that just proves you don't know a damned thing about it.

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  20. How is this googles fault? by Anonymous Coward · · Score: 1, Insightful

    No really. I doubt it was their intention to launch this program just to be sued. Considering you can find almost any book through google, even in audio format, for free... I think they did a pretty good job. They are not evil. They are more like "ok, ok guys, just don't poke us with sticks" while usable code from book project is already in main search engine itself.

    1. Re:How is this googles fault? by sexconker · · Score: 2, Interesting

      It's Google's fault because the program only came about AFTER being sued, for the very thing you describe.

    2. Re:How is this googles fault? by ErkDemon · · Score: 1
      The way that Google's "Google Books" division acted when they started out (before they started getting hit by lawsuits) was a //little// bit evil.

      The guys running GB said some very stupid things early on that suggested that they were going down a course that would lead to certain specialist publishing companies having their businesses destroyed, due to GB doing things with those companies' copyrighted materials that GB had no legal right to do.

      The attitude emanating from Google Books back then seemed to be:
      (a) There's no problem (b) Even if there //is// a problem we don't care (c) We're doing authors and publishers a favour so they should stop whining and thank us, and (d) Even if what we're doing is illegal, we're part of Google, so we're huge and you can't stop us. So there. Swivel.

      The early statements from Google Books showed a casual indifference to the concerns of some of the people they were potentially going to be screwing over, the obvious problem being the specialist reference book market.

      Google initially seemed to be saying that they'd be putting everything online, copyright or not, on the basis that accessing something on GB was just like looking at a copy in the local library.

      The first difference was that libraries actually //buy// books, and GB doesn't ... there are even publishers whose //main market// is libraries. If you compile and produce, say, a specialist ten-volume encyclopedia of modern music that sells for five hundred quid, you're going to be selling it to libraries rather than individuals, and you may well choose to print 10,000 copies purely based on expected sales to libraries. If people read your encyclopedia for free in the library, that's okay, because that's how your product is designed to be used. The library system has financed your book by buying those ten thousand copies, and the library readers wouldn't seriously ever be buying copies for themselves anyway. So when GB said that there was no difference between what they'd be doing and what libraries were already doing, they were wrong.
      The difference would be, for our hypothetical publisher, that Google books would have been illegally making the copyrighted resource available to at least as many people //without// buying those ten thousand copies ... without buying a single copy in fact.

      So the publisher would be facing a situation in which Google would effectively be "pirating" the book, and making money off it with online advertising (GB later dropped their plans for selling advertising space on book pages), while the publisher/rights owner wouldn't be seeing any money ... and if libraries realised that their users could access the encyclopedia for free online from a library terminal, then they might decide to save the five hundred quid, //not// buy the encyclopedia, and simply make it available to visitors by bookmarking the GB page on the library terminals.

      When publishers and authors complained that GB was going to be illegally making money out of other people's work, while damaging legitimate sales, GB initially replied that:
      (a) Nobody would be hurt, GB was providing free publicity for books that potential reader might not otherwise have access to, and authors and0 publishers should be grateful, and
      (b) That GB had systems in place that made it difficult for individual readers to access more than a certain number of chapters per month, so people would still have to buy the books (or visit a library) to read the whole thing.

      The problem with those arguments was that while they might have worked reasonably well for fiction, they didn't work for all types of book. For reference books (like our hypothetical music encyclopedia), the reader would almost certainly NOT be buying the book to take home. Those users wouldn't be interested in buying the entire encyclopedia, only in looking up an occa

  21. We set a bad example. by Anonymous Coward · · Score: 0

    We let the RIAA and the MPAA bully us, and now the print publishers want a slice of the pie. Public libraries put them in their place years ago, but as we take things to the digital age, they are going to try to restrict things again. Intelectual rights reforms are more important now than they have ever been.

  22. Just use NAT.. problem solved by thisisauniqueid · · Score: 1

    The library can just operate several terminals behind a NAT router.

  23. Re:Slashdot ate half of my other post. :( by Anonymous Coward · · Score: 0

    God provides the meat. The devil provides the cooks.

  24. Ever read Fahrenheit 451? by joppinkaru · · Score: 2, Funny

    You're all gonna regret these attacks on Google when the books start burning.

  25. RAILs? by symbolset · · Score: 1

    Nice. A Redundant Array of Independent Libraries. Good idea.

    --
    Help stamp out iliturcy.
    1. Re:RAILs? by swillden · · Score: 1

      I don't think they'd necessarily be independent. In fact, that's unlikely. So it would be a Redundant Array of Inexpensive Libraries.

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      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  26. Exactly by Anonymous Coward · · Score: 0

    One google terminal should be enough for everybody.

  27. "Print on demand" publishing changes things. by ErkDemon · · Score: 1
    That argument is now a little out of date.

    What's happening now is that large publishers are increasingly scanning their own reference-book back-catalogues, so that any further short-run printing can be done using "print on demand" technology.

    Most (if not all) of the university presses have been converting their catalogues to POD for years. So if you want to order an obscure technical work on satellite electronics or sewer maintenance, and the book had a limited print run (say, just enough to sell a copy to every educational institution that'd need a copy), then what you'll tend to find when you order a copy from Amazon is that the book that they send you will have been printed off specially in response to your order, on a great big industrial laser printer.

    If you order a book from Amazon.com and track your order status online, and you find that it's being sent to you from somewhere in Tennessee, then chances are it's not actually coming from a warehouse ... it's being printed off specially by a company called Lightning Source. They have a big plant in Tennessee that's hooked into Amazon's ordering system, and when you order a book that's on their database, they print one off and put it into an "Amazon" box, with an Amazon receipt, and post it to you on Amazon's behalf.

  28. "out of print" means ... ? by ErkDemon · · Score: 1
    I believe that there is/was a clause (somewhere) whereby if a book had been continuously out of print for a certain number of years, (some of?) the rights lapse.

    I don't know if the clause still exists. I guess that part of the problem with enforcing it was that although publication dates of individual printings are easily established, there's no corresponding "official" date for unavailability. If a book hasn't been printed for fifty years, but the publisher still has one copy on a shelf somewhere that they're willing to sell under duress, then technically its probably still "in print".