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Authors Guild President Wants To End Royalty-Free TTS On Kindle

An anonymous reader writes "The president of the Authors Guild has launched a rant in the NY Times about how the Kindle 2 provides Text-to-Speech capabilities that, oh the horror, allow the user to have any text on the Kindle read to her. Roy Blunt, Jr. moans that this is copyright infringement of audio books, and that Kindle users should be forced to pay royalties on audio even though they've already paid for the text version of a book! Amazingly he harps on about how TTS technology has become so good that it may replace humans — and then uses this to argue that it's unfair for Kindle to provide TTS! I think the Authors Guild need a new president — someone less of a Luddite, and more familiar with copyright law." (See also the Guild's executive director's similar claims that reading aloud, royalty-free, is an illegal function of software.)

539 comments

  1. not crazy, auditioning for a job w/ RIAA by Uberbah · · Score: 4, Funny

    I'm sure the record labels pay much better for nutty speech than a bunch of writers.

    1. Re:not crazy, auditioning for a job w/ RIAA by Moryath · · Score: 2, Interesting

      No kidding.

      Non-infringing use #1 I can think of: setting this thing to play in the car like a normal audiobook. I have a few other "audiobooks" loaded to my ipod that are the result of running scanned or otherwise digital copies through text-to-speech software and it works well enough when there is no alternative (e.g. no professional audiobook) available. I'd love to be able to get some more favorites/classics for times when I can't sit to "read" but can listen perfectly well.

      It almost sounds like this asshole thinks he's the next Jack Valenti or something. I keep expecting to see a quote about the Boston Strangler.

      Income from audio books helps not inconsiderably to keep authors, and publishers, afloat.

      I won't deny it's a useful revenue stream but seriously, how about if you sell more copies of the books anyways? Of my collection of books, less than 2% have an audiobook version available. If I can buy the digital version for a fair price and then run it with text-to-speech, I'm happy. If you do not provide such an option, plenty of people will resort to less-than-legal means.

      The more you tighten your grip, Tarkin, the more consumers will slip through your fingers...

    2. Re:not crazy, auditioning for a job w/ RIAA by commodore64_love · · Score: 0, Flamebait

      Let's shoot the Authors' Guild president in the head, and replace him with somebody not afraid of text-to-speech software.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    3. Re:not crazy, auditioning for a job w/ RIAA by bluefoxlucid · · Score: 1

      I bought the official audio book of 1984 directly from Amazon.com. Should have pirated it. I ripped it to flac but most of them are horribly damaged. The data side of the CDs are a pale green....

    4. Re:not crazy, auditioning for a job w/ RIAA by davester666 · · Score: 2, Insightful

      Simply put, it's not infringing the copyright of any audio books by Amazon, as Amazon isn't copying any audio book to the end-users Kindle.

      And it's the consumer that is doing this TTS operation (as it's on their personally-owned Kindle, under their own control), and this could readily fall under the regular 'fair-use' exception.

      It's not like the author is not getting a significant amount of revenue, as the number of people who buy BOTH the book and the audiobook is probably quite small.

      The ONLY group that is 'losing' are the audiobook companies, as TTS as made their value-add have much less value.

      --
      Sleep your way to a whiter smile...date a dentist!
    5. Re:not crazy, auditioning for a job w/ RIAA by Brian+Gordon · · Score: 2, Interesting

      I don't know how anyone can enjoy a book by listening to it. How do you reread exceptional passages, or flip back to review past pages, or put up with the sloowww rate of speech? Also I find it very difficult to follow an argument without it in writing. The only time I would consider an audio book is a dialogue-based third-person-limited narrative, since dialogue actually does work well out loud and the feel of the book is only captured by putting yourself into the forward-rushing subjective shoes of the main character, with only the benefit of memory to look back.

    6. Re:not crazy, auditioning for a job w/ RIAA by wastedlife · · Score: 1

      Mostly its because many do not have as much time as they would like to read. If you have a long commute, you can get audio-books so that they are read to you as you drive. I personally have a hard time listening to most audio-books that I have heard, usually for the same reasons you stated. Probably the only audio-book I really enjoyed was the one for World War Z, which had a full cast (including Alan Alda and Mark Hamill) acting out the characters being interviewed, with the author providing the voice of the interviewer.

      --
      Said, "It's just like dice but it's got more sides And it tells me who lives and who dies"
    7. Re:not crazy, auditioning for a job w/ RIAA by Gerzel · · Score: 5, Interesting

      Try reading the article before you judge. After reading I am more suspect that these posts are being put up by those who are more pro-Amazon looking for a sympathetic crowd.

      Mr. Blunt is NOT ranting. He actually does put forth a good argument that authors should be paid for the audio rights for their books if an audio production is being sold by a third party.

      There ALREADY are legal exceptions for the blind to produce and distribute free audio versions of texts, and btw the kindle uses on-screen controls that no blind person could operate in order to access the audio functions, currently.

      Amazon is indeed advertising these products as an audio book(the rights of which are worth far more currently than the rights for an e-book) and an e-book in one w/o paying for the rights to sell an audio book.

      The audio functions of the books are coming closer to human levels and are being marketed and sold as such.

      Remember while copyright laws have been abused and in many cases are abusive and extreme in their extent; still, for every exec and RIAA stooge getting paid hand over fist there are ten creative writers and authors who make an honest living using those laws as well.

      Fight the abuse and the abusers, not the people who are using Copyright as it was intended, which still despite what you might hear is the vast majority of copyright users and creative workers.

    8. Re:not crazy, auditioning for a job w/ RIAA by Big+Boss · · Score: 2, Insightful

      So all Amazon really has to do is change the advertising. Stop calling them audiobooks and call them what they are, e-books. Then make a bigger deal of the TTS on the Kindle. There, now they aren't "selling" an audiobook. They are selling an e-book on a device that happens to be able to read it to you via audio.

      It's a text file with DRM, it's not like a normal audiobook where you have to pay someone to read it and for recording time in a studio. It doesn't deserve the same pricing as an audiobook, regardless of how well the device can render speach.

    9. Re:not crazy, auditioning for a job w/ RIAA by portnux · · Score: 1

      My God, what will they do if they find out that books can be read aloud by parents at bed time. Or pretty much any other time. Do you think they might push the government to prohibit procreation? Is this how humanity is doomed to end??

    10. Re:not crazy, auditioning for a job w/ RIAA by Hutz · · Score: 1

      There is no such thing as an "audio right to a book". Audio books are recordings of performances. To publicly perform or record for resale you need to pay the copyright holder.

      Reading aloud, for personal, private consumption, does not fall under this. I can buy a book and read to my family. I can buy an ebook and read it to my family. Just because a computer is reading instead of me doesn't change anything. Take it back to the days of sheet music - you bought the music, you can play it on the machine (piano). It need not be kept in your head. If you wanted to manually transpose it to a player piano roll for yourself -- it's your right. You can't sell the rolls.

    11. Re:not crazy, auditioning for a job w/ RIAA by hydromike2 · · Score: 1, Insightful

      well, its not an audiobook, no body was paid for their time to read and record the book, and who is to say that all of the ebook buyers would use the TTS feature? it would definately not be fair to charge extra on the ebook for something the customer does not use/want. Next thing you know websites will want a fee if you use a TTS accessibility function of your OS, on that note its not like TTS hasn't been around for a while on computers, why the sudden fuss?

    12. Re:not crazy, auditioning for a job w/ RIAA by decipher_saint · · Score: 2, Interesting

      Speaking as someone who is visually impaired and not totally blind, a device like Kindle is not only usable but also much nicer than some of the other book reader options available, having seen the interface I can easily see myself using such a feature as an option.

      But back to the point at hand!

      I see where his argument comes from, but this goes well beyond the era of audio books when the real consumers were people like me (or people who didn't like actually reading I suppose). We're in a new era where an e-book could be purchased and run through a desktop text to speech program. Where does that fall legally, has that even come up before? Is the primary concern that there is a loss of revenue to the author or is it the loss of revenue to the audio book publishing industry?

      Technology has evolved in such a way that a single creative source can have multiple delivery points to the intended consumer, to me (and others it seems) legal fighting over those delivery streams seems counter productive to the original artists' goal and almost completely focused on keeping (perhaps?) deprecated methods of content delivery alive.

      Either that or I'm in the mid-afternoon slump and parts of my brain are shutting down...

      --
      crazy dynamite monkey
    13. Re:not crazy, auditioning for a job w/ RIAA by langelgjm · · Score: 1

      Amazon is indeed advertising these products as an audio book(the rights of which are worth far more currently than the rights for an e-book) and an e-book in one w/o paying for the rights to sell an audio book. The audio functions of the books are coming closer to human levels and are being marketed and sold as such.

      Why even invoke copyright law (which he does by talking about "audio rights")? If Blunt and others think that e-books on a device with text-to-speech are worth more, then license them at a higher price. Then, if Amazon doesn't buy them, reduce the price until they do. This is what a market is for!

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    14. Re:not crazy, auditioning for a job w/ RIAA by Uberbah · · Score: 1

      Mr. Blunt can try and make a case, but I don't see it holding up under legal or moral grounds (IANAL).

      Morally: with an audiobook, you're paying for the voice talent in addition to the story itself. Jim Dale, who has read all of the Harry Potter books, has done such a good job that they've based some of the portrayals in the movie on his voice performances. But with text-to-speech, there is no voice actor. The audio is provided by the device, and the publisher was still paid for the story.

      Legally: Amazon doesn't seem to be creating a derivative work, just another way to consume the work that you purchased. And it's for personal use, not a public performance.

      So methinks Mr. Blunt is trying to sqeeze blood from a stone here. Which is a dumb thing to do, as regular audiobook CD's are easily ripped and put on PirateBay. Not so much for Kindle books - so he's looking a gift horse in the mouth while he's squeezing that stone.

    15. Re:not crazy, auditioning for a job w/ RIAA by JesseMcDonald · · Score: 1

      Regardless of how Amazon may or may not be advertising these e-books, and regardless of how well or poorly these TTS systems substitute for human readers, the simple fact is that what Amazon is distributing is text, not audio recordings (phonorecords); e-books, not audio books. They are not the ones abusing copyright here.

      If authors and/or publishers wish to raise their royalty rates (for new licenses) to compensate for the impact of TTS on audio book sales, that is their legal right. Copyright only grants them the privilege to control how their works are distributed or publicly performed, not how they are used or advertised. It certainly isn't designed to shield them from technological obsolescence, or to maximize their profits.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    16. Re:not crazy, auditioning for a job w/ RIAA by Anonymous Coward · · Score: 0

      His "very good reasons" are just a smoke screen. Are you allowed to read a book aloud to yourself under copyright law? If that's alright, is a machine allowed to read a book aloud to the owner of the book?

      Why is it alright for a human to read aloud, but not for a machine to real aloud? That's just weird logic.

    17. Re:not crazy, auditioning for a job w/ RIAA by morghanphoenix · · Score: 1

      Kindle books are more expensive than a paperback, and the cost of making them is less than the cost of making a physical book. Sure the lack of market for eBooks makes it harder to reclaim the initial investment to make the eBook, but as long as people can buy a paperback cheaper than an eBook I don't really see that changing.

    18. Re:not crazy, auditioning for a job w/ RIAA by cgenman · · Score: 1

      Call me crazy, but doesn't the copyright on an audiobook involve the performance aspect of it, as well as licensing the sale of said derivative work? Reading the words out loud would not then fall under copyright domain unless said copy was being burned (and potentially resold).

      This was the same functional arguement used by the RIAA to claim that making a copy of a CD for usage in your car was illegal, except that in that case an actual copy was being made. The consumer is shifting media through an automated process for personal use.

      Correct me if I'm wrong, but audiobook rights are a creation of contract law, not inherent in copyright law. In this case the authors guild is trying to apply contracts on the consumer where the consumer signed none.

      If you need to charge more for the rights to your works, charge more for the rights to your works. Don't try to re-sell your works twice to an already dwindling market.

    19. Re:not crazy, auditioning for a job w/ RIAA by Tauvix · · Score: 1

      Mr. Blunt is NOT ranting. He actually does put forth a good argument that authors should be paid for the audio rights for their books if an audio production is being sold by a third party.

      Your argument falls apart however, when you examine the two separate issues:

      1) A computer/communications device is sold with the OPTION to enable the ability to convert text on the screen to another format, namely spoken English.

      and

      2) Files containing text or existing audio are loaded to the device, either through purchase from Amazon, or other methods. Content Formats Supported: Kindle (AZW), TXT, Audible (formats 4, Audible Enhanced (AAX)), MP3, unprotected MOBI, PRC natively; PDF, HTML, DOC, JPEG, GIF, PNG, BMP through conversion (from amazon.com).

      The vast majority of these formats come from locations other then Amazon. Only Kindle and Audible formats are sold by them, and the Audible format already has paid audio book royalties. In theory, the MP3 format has paid as well.

      One of five things will have to happen here if the Author's guild wants to pursue this line of inquiry:

      1) A separate license will have to be purchased to convert a file of any type to spoken English. The problem with this is that I can load a .doc or .txt file of my own creation and then request it be converted, but then have to pay to do so, as it does not have a license for that file.

      2) Restrict the device to only convert text to spoken English on Kindle format text, and increase the price of the Kindle format purchases to cover the increased royalty.

      3) Increase the cost of the Kindle to include the license. Of course, if you do this, you're going to have to go to Microsoft, HTC, Nokia, Apple, and every other company that has included text to speech software in their computers, phones, pdas, etc and enforce the same licensing rules.

      4) Remove the TTS technology from the device altogether.

      or 5) Ignore the Authors Guild, and let them sue. Once in front of a judge, they will have to prove that Kindle's text to speech technology constitutes a public performance or offers significant competition to professionally recorded audio books, and not a version of fair use. I personally think that all Amazon is going to need to do here is play a Kindle read version, a Professionally Recorded version of the same book, and then the statistics on how many books each year are published in audio book format vs. paper format. Worst case scenario, Amazon is forced to implement one of the three other options. Best case scenario, fair use lives to fight another day.

      #1 gets to be really interesting, and not practical, as there is no way to tell the difference between something I wrote in .txt format, and something copyrighted by someone else.

      Personally, I would hope that Amazon opts for number 5. They really have little to lose, and lots to gain, not to mention all the free publicity that they, and the Kindle, will get out of the fight.

    20. Re:not crazy, auditioning for a job w/ RIAA by xenocide2 · · Score: 1

      No no, shoot him in the head, then replace him with a Markov Chain fed into a TTS. Replace not only speakers, but authors!

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    21. Re:not crazy, auditioning for a job w/ RIAA by Hognoxious · · Score: 1

      I'm blind, you insensitive clod!

      I'm not - but imagine if you hooked a kindle up to some kind of braille display. Would the Authors[1] Guild want paying twice for that?

      {1] Author's, Authors' - whatever. Seems even they don't know.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    22. Re:not crazy, auditioning for a job w/ RIAA by jonbryce · · Score: 2, Interesting

      Look at Adobe vs Sklyarov & Elcomsoft back in 2001.

      Adobe tried to prosecute for creating software that enabled blind people to read e-books. The jury chose to exercise their constitutional right to find them not guilty.

    23. Re:not crazy, auditioning for a job w/ RIAA by Gerzel · · Score: 1

      Nothing.

      In order to infringe on the audio book rights a person or company must do a public performance of said book with severity usually measured in monetary gain by the performing party or monetary damages done to the copyright holder(I am NOT a legal expert).

      Your straw-man of a parent reading to their child is wrong because no money would be gained or lost, and it is not a public performance.

      The Kindle however IS a public performance and DOES indeed profit from its performances and very likely also replaces audiobook versions of the same text taking profits away from the author.

      Try looking at a problem before slotting it into good/bad categories. There are valid points made in the article and authors do INDEED have a just right to profits made from performances of their works.

    24. Re:not crazy, auditioning for a job w/ RIAA by Eil · · Score: 3, Insightful

      Mr. Blunt is NOT ranting. He actually does put forth a good argument that authors should be paid for the audio rights for their books if an audio production is being sold by a third party.

      I'm sorry, but I don't buy that argument.

      From where I sit, it just sounds like the Author's Guild is pissed that someone invented--or more offensively, sold--a technology that undermines one of their revenue streams. That's life, that's business, that's capitalism. Deal with it. The correct response isn't to bring your sob story to the public and politicians and hope that they pity you enough to prop up your outmoded business model for a few extra years. The correct response is to adjust your way of doing business such that both you and your customers benefit from this new technology.

      I guess that's too much to ask for today's businesses?

    25. Re:not crazy, auditioning for a job w/ RIAA by portnux · · Score: 1

      That surely is a poor comment on the quality of audiobooks, when a vocal performance by a professional can be compared so evenly by a cold unfeeling computer algorithm. I can see listening to the Kindle for a few pages while driving but wouldn't think of listening to an entire book that way. This is nothing but content producers trying to find just another drop of blood to squeeze out of the consumer.

    26. Re:not crazy, auditioning for a job w/ RIAA by Anonymous Coward · · Score: 0

      Try reading the article before you judge.

      Done

      Mr. Blunt is NOT ranting. He actually does put forth a good argument that authors should be paid for the audio rights for their books if an audio production is being sold by a third party.

      Actually, he never actually makes any point. He only points out the fallacies of his detractors.

      There ALREADY are legal exceptions for the blind to produce and distribute free audio versions of texts, and btw the kindle uses on-screen controls that no blind person could operate in order to access the audio functions, currently.

      Not an argument; just a fallacy in the opposing argument.

      Amazon is indeed advertising these products as an audio book(the rights of which are worth far more currently than the rights for an e-book) and an e-book in one w/o paying for the rights to sell an audio book

      Listen to 30 minutes of that kind of reading. But be sure to put away any sharp objects beforehand.

      The audio functions of the books are coming closer to human levels and are being marketed and sold as such.

      Rubish. We are just getting closer to the uncanny valley.

      Remember while copyright laws have been abused and in many cases are abusive and extreme in their extent; still, for every exec and RIAA stooge getting paid hand over fist there are ten creative writers and authors who make an honest living using those laws as well.

      I don't think copyright law is the issue here.

      Fight the abuse and the abusers, not the people who are using Copyright as it was intended, which still despite what you might hear is the vast majority of copyright users and creative workers/

      I really don't think that the authors are entitled to value that they did not add. If I knew how to turn books into cocaine, I'm not going to send any of it to the authors. I added the value. ME. Mine.

    27. Re:not crazy, auditioning for a job w/ RIAA by Anonymous Coward · · Score: 0

      Correct me if I'm wrong, but the kindle is just doing basic text to speech, *not* providing audio books. There are no recording fees or voice actors, there are no sound effects or emphasis, and none of the emotion a human voice can convey. No recording is actually made. Do the authors guild really have any ground to stand on here?

    28. Re:not crazy, auditioning for a job w/ RIAA by RMH101 · · Score: 1

      Very good point. They don't *have* to let their agents licence the ebook rights to Amazon, do they?

    29. Re:not crazy, auditioning for a job w/ RIAA by The+Cydonian · · Score: 1

      I guess that's too much to ask for today's businesses?

      Now, I'm the furthest from a paid author by any means, but surely, it's not too much to not expect authors to think like business-people? They aren't selling products for fuck's sake, they're writing books.

    30. Re:not crazy, auditioning for a job w/ RIAA by JD-1027 · · Score: 1

      I can't believe so many think a computer reading back text I bought should cost more. Just because how it is delivered to me once bought?

      I'm feeling shilled in many of these threads.

    31. Re:not crazy, auditioning for a job w/ RIAA by Anonymous Coward · · Score: 0

      "Mr. Blunt is NOT ranting. He actually does put forth a good argument..."

      No, he doesn't. He makes largely a plea to subvert technology. His is not grounded on copyright LAW (lying). He basically wants payment for 2 copies of work when one is being delivered (unfair). He wants payment for something he or the authors put no work into (theft). The article is dated February 24, the Kindle release date (yes, many where shipped early) (posturing). He didn't raise this when the Kindle 2 was announced and the feature was prominantly displayed for some 2 weeks (deceit or blackmail etc.).

      "that authors should be paid for the audio rights for their books if an audio production is being sold by a third party."

      Why? I paid for a Kindle 2 with this TTS feature. I knew it was there. I paid for this feature. The "people" involved HAVE BEEN PAID, namely the tech and sales people who implemented and marketed the feature. The authors had nothing to do with the TTS feature. Why should they get one penny?

      Primarily, why the !*#@ should an author be paid for work he did not do?

      Second, with an audio book, that is a separate copy of the work being sold. Before the Kindle 2, usually you bought a printed book and an audio book to get what the Kindle 2 implemented. You paid twice. But you also received TWO copies.

      With Kindle 2, there is ONE copy still on the device. There is no second copy. Why should the author be paid for a non-existent copy?

      "There ALREADY are legal exceptions for the blind to produce and distribute free audio versions of texts, and btw the kindle uses on-screen controls that no blind person could operate in order to access the audio functions, currently."

      So what. Not relevant at all to a discussion of COPYRIGHT or fairness.

      "Amazon is indeed advertising these products as an audio book(the rights of which are worth far more currently than the rights for an e-book)"

      What does value have anything to do whatsoever with copyright law? If Mr. Blunt is complaining about this, then he should have gotten off his ass and implemented TTS and come up with a device on his own instead of being beaten by the market and now whining about it. He's been outmaneuvered, and now he's complaining.

      And people like you are apologists excusing his behavior?

      "and an e-book in one w/o paying for the rights to sell an audio book."

      Oh, how you sidestep defining what that right is.

      Once again, when you buy an audio book, you pay for that copy of the work book. There is an actual, separate copy from the printed text. It is afforded this status because it is a second copy, as well as value-added performed with human work in the performance because someone was paid to perform it and compile the work.

      For the Kindle 2, none of these apply.

      "The audio functions of the books are coming closer to human levels and are being marketed and sold as such."

      That's nice. So how come there aren't more audio books using TTS on the market? Oh, that's right, because Mr. Blunt is stupid and used copyright as a monopoly right to the work and didn't release the work in question at all, or released it using higher priced paid humans, or was too stupid to use the tech to bring in more revenue.

      Leaving the market open to the Kindle 2. Now he wants to put blame on Amazon and the device and put pressure on the customers? Work he, the authors, the publishers put no work into? That is not free market, capitalism, or fair in my book, nor is backed by the law.

      Shame on Mr. Blunt. And shame on you for not realizing this.

    32. Re:not crazy, auditioning for a job w/ RIAA by Anonymous Coward · · Score: 0

      There ALREADY are legal exceptions for the blind to produce and distribute free audio versions of texts

      That doesn't pertain to the TTS situation. The books are distributed as texts. What I do with my book is none of anyone's business. I can read it, light it on fire, turn it into confetti or color in all "O"s. I can use my computer to translate it for me and I can have my computer read it to me. Amazon doesn't distribute these books as audio books, they sell hard- and software and they sell normal books.

    33. Re:not crazy, auditioning for a job w/ RIAA by UnknownSoldier · · Score: 1

      > I don't know how anyone can enjoy a book by listening to it.

      Some of us have this thing called a "commute." Audio-books are a great alternate to the crap they play on radio when you're stuck in traffic for 2 hours.

  2. Anonymous Coward by Anonymous Coward · · Score: 1, Interesting

    OP needs to settle down and think about 10 years in the future when TTS *is* able to replace a human voice. Amazon is essentially licensing an e-book, and then turning it into an audio book, which has it's own licensing scheme. I for one actually agree that you should not be able to buy one and get the other for free - they are fundamentally different.

    That said, what should happen is that each e-book has two flavors - TTS capable and not. The TTS capable version costs more to cover both licenses.

    1. Re:Anonymous Coward by hobbit · · Score: 1

      AC needs to settle down and think about 0 years in the future when parents *are* able to read to their children. Parents are essentially licensing a book, and then turning it into an audio book, which has its own licensing scheme. I for one actually agree that you should not be able to buy one and get the other for free -- they are fundamentally different.

      That said, what should happen is that each book has two flavors - read-to-your-children-capable and not. The read-to-your-children-capable version costs more to cover both licenses.

      Won't somebody please think of the children, exposed to this evil pirating -- in the example of their own parents, no less -- from such a young age?

      --
      "Wise men talk because they have something to say; fools, because they have to say something" - Plato
    2. Re:Anonymous Coward by mcgrew · · Score: 2, Interesting

      You and your fellow Author's Guild members (and the RIAA) need stop thinking of 20 years in the past. You also ought to look at what copyright law says, and stop trying to nickle and dime everyone to death.

      Licenses are for publishers, not end users. I don't licence a book, I buy a copy.

      If I buy a paper book I can do any damned thing I want with it, including reading it aloud or putting it on a scanner and letting the scanner read it aloud.

      Luddite cave men like you are the reason the major record labels and newspaper chains are going under. Adapt or die. Want my advice? Do everyone a favor and die, you are hindering freedom AND progress.

    3. Re:Anonymous Coward by DrLang21 · · Score: 1

      When TTS is capable of replacing a human voice, no licensing scheme is going to help you. You will find yourself in the same position as the RIAA/MPAA where no one respects your copyright anymore because you are doing everything in your power to stop them from doing something that's just so easy.

      Instead, how about winning for a change and embrace the technology. Create a standardized scripting and phonetic language for TTS that allows a computer to understand what tone of voice or inflection to use while guaranteeing proper pronunciation. Then sell electronic books with this scripting on some invisible layer for use in TTS systems. If you don't embrace the technology, you will lose.

      --
      I see the glass as full with a FoS of 2.
    4. Re:Anonymous Coward by dhermann · · Score: 2, Insightful

      Anyone who believes that TTS can replace a fully-produced audiobook has never listened to one.

      It is ludicrous to think that a computer program could ever mimic the creativity and skill required to evoke emotion from a listener. Most of the audiobooks I have listened to are not simply reading text. Their voices change in speed, volume, timbre, syncopation, and pronunciation.

      Take a listen (legally, of course) to Jim Dale's interpretation of the trial of Barty Crouch, Jr. in Harry Potter and the Goblet of Fire. See how you're feeling after the first three discs of World War Z, performed by a full cast, including Alan Alda, John Turturro, Rob Reiner, Mark Hamill, and The Mighty Henry Rollins. Or, if you're particularly interested in destroying any notion that a computer could ever infringe upon the experience of listening to an excellent audiobook, try Rob Inglis's masterful confrontation between Gandalf and Saruman after the last charge of the Ents in The Lord of the Rings: The Two Towers. Then you'll understand how much of an idiot the above AC and Roy Blunt, Jr. really are.

    5. Re:Anonymous Coward by langelgjm · · Score: 1

      Licenses are for publishers, not end users. I don't licence a book, I buy a copy.

      And his gripe isn't with you, the end user, it's with Amazon, the licensee.

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    6. Re:Anonymous Coward by Anonymous Coward · · Score: 0

      This is such a horrible argument.

      Why should the author's get any more money - they did no work beyond what they've been paid for. The technology is separate from the work they produced - it simply translates it.

      If Amazon had a person reading the book out loud and injecting tone, suspence, etc. then sold it for more, they would have a case - as it is, they produced a electronic version of a written document. They have been paid for that amount of work. The kindle takes that work and simply processes it, with no help from the author.

      And how exactly would one make a non-TTS enabled version of the download? It wouldn't involve the download itself because the processing isn't in the file you download, it is on the Kindle - that should tell you that the author deserves nothing else - you'd be paying more simply for some "permission" bit flag difference.

      Am I going to be charged twice since I watched a DVD on my 27 inch TV AND my 46 inch TV? Sure, there was no difference in the actual media I purchased, but my televisions did some processing before displaying it and the production team should be paid if I'm processing THEIR data, right?

    7. Re:Anonymous Coward by nokiator · · Score: 1
      I am not sure if and when TTS is going to replace human voice. Animated movies have been around for a long time, and computer animated movies have been around for more than a decade. We have yet to see an animated movie with computer generated dialogue. Even the fully animated Pixar feature films have high paid actors/actresses doing all the talking.

      I guess Neal Stephenson was able to see this emerging lack of parity between computer generated graphics/video and computer generated audio many years ago in Diamond Age

      A book that is read by a competent actor is an "artistic performance", and is subject to copyright as such. In this context, the audio rights for the book used in that performance does not apply to a book that TTS converted by Kindle.

      If TTS technology becomes so good as to be comparable to performance by an accomplished actor over the next ten years, it is the Actor's Guild who should be worried instead of Author's Guild.

      By the way, the technology to convert plain paper books to speech electronically has existed for some time - even through the resulting form factor is not as convenient as Kindle.

    8. Re:Anonymous Coward by Anonymous Coward · · Score: 0

      I have a new spin for the "licensers"... soon we could see the "Read on a beach" license where you pay extra for the right to read your own book in such a pleasant setting as the beach. Sure it costs a bit more than the "read in your home" version, but it's soooooo worth it!

    9. Re:Anonymous Coward by shutdown+-p+now · · Score: 0

      OP needs to settle down and think about 10 years in the future when TTS *is* able to replace a human voice. Amazon is essentially licensing an e-book, and then turning it into an audio book, which has it's own licensing scheme.

      So the separate licensing scheme for audiobooks becomes pointless; oh, shock and horror, consider all the poor starving writers!

      Well, guess what? You can starve, or you can move on with the times. While you're at it, read the copyright law, and figure out what you're actually entitled to as an author (which is, to be honest, much more than is reasonable already, IMO), and what is just a by-product of temporary conditions that can change for various reasons (including technological advancements), and should not be relied on for a steady revenue stream.

  3. What an idiot by avalys · · Score: 4, Funny

    What an idiot - doesn't he realize how wonderful it is that technology makes it possible for us to avoid paying the authors we like as much money as we used to?

    --
    This space intentionally left blank.
    1. Re:What an idiot by sweatyboatman · · Score: 1

      if only i had mod points

      --
      It breaks my pluginses, my precious!
    2. Re:What an idiot by Wandering+Wombat · · Score: 1

      Yeah. Authors generally make SOOOO much money. Many authors I know make more than enough money to pay for groceries, with a little bit leftover to get new socks!

      --
      I like to place meaningful quotes in my sig, so people will know that I know what meaningful quotes are.
    3. Re:What an idiot by arcmay · · Score: 5, Insightful

      I'd argue the Kindle will make more money for authors because of an inability to sell e-books secondhand. If the secondhand book market is larger than the audiobook market, the author's guild is coming out ahead.

    4. Re:What an idiot by tsstahl · · Score: 1

      Socks?

      Rich bass turd!

    5. Re:What an idiot by javilon · · Score: 2, Insightful

      I think what he is really scared off is that TTS will become so good that one day will replace writers.

      He wants to stop it now!

      --


      When his defense asked, "Which computer has Jon Johansen trespassed upon?" the answer was: "His own."
    6. Re:What an idiot by ShieldW0lf · · Score: 1, Insightful

      What an idiot - doesn't he realize how wonderful it is that technology makes it possible for us to avoid paying the authors we like as much money as we used to?

      What an idiot indeed. He should be asking for assistance from society in keeping authors writing now that an after-market-service that used to generate income for them has been rendered obsolete. If he did, our greed for more written works would prompt us to attempt to help him.

      Instead, he's asking that we be forced to pay a third party to provide a service to us that modern tools permit us to provide for ourselves. This causes our greed to prompt us to attack him, because complying with his request means needlessly throwing away our own resources for no benefit.

      Here's a piece of advice to those representing creators: Focus your attention on the goal instead of attempting to treat the mechanism by which you historically met your goals as though they were the actual goal. We genuinely don't want you to stop writing, singing, painting, designing, filming, dancing and acting, and we genuinely don't want you to starve or freeze to death. It is your narrowmindedness that places you in conflict with us, and we outnumber you. So, grow up and lets deal with the realities of the situation like rational people, hey?

      --
      -1 Uncomfortable Truth
    7. Re:What an idiot by mcgrew · · Score: 2, Insightful

      We don't pay authors, we pay publishers. Publishers pay the authors.

    8. Re:What an idiot by Reece400 · · Score: 2, Interesting

      Do the authors really make much more from audio books? or does much of the extra revenue go to the reader, production and publisher?

    9. Re:What an idiot by geminidomino · · Score: 1

      I think what he is really scared off is that TTS will become so good that one day will replace writers.

      He wants to stop it now!

      Looking at my girlfriend's bookshelf (Laurel K Hamilton as far as the eye can see. Oh, the humanity) I think I can safely say:

      Too late.

    10. Re:What an idiot by Maxo-Texas · · Score: 2, Interesting

      and it isn't those authors funding this.

      it's the jk rowling's.

      jk rowling gets rich, lots of other writers starve because she is getting too much of the pie.

      books should be much cheaper than they are. current prices are based on costs that no longer exist.

      there are a million other forms of entertainment they compete with that did not used to exist.

      Hmmm $8 for a paperback, or $8 for a DVD of a movie, or $24 for a video game that plays 20 books worth of time, or ...

      Books are way overpriced now. My solution is mostly the same as for music- I just stopped buying them. If they were $4, I would probably buy them-- $8 for a paperback (1000% inflation in 30 years-- they were .75 when I was in highschool) is just stupid when some authors are making a billion dollars (and you know the publishers and the bookstores made at least another billion each as well).

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    11. Re:What an idiot by RobBebop · · Score: 1

      Author's also have the ability to self-publish and setup Amazon to manage their sales. This way they don't have to pay publishers, but they have to pay Amazon (a mere 55% of the non-discounted cover price for each sale), because operating a warehouse and shipping department is apparently more complicated than writing a book.

      Mind you, this doesn't include the extra percentage of whatever the printing fees are, which the author would have had to pay for separately.

      This means to make $1 for each sale, the author needs to price his work that costs $4-6 to print on a small run, multiplied by two, and you end up with $9 to $13 books (that haven't been through a publisher). And this gets the author a mere 10% of sales, so more realistic pricing is $15 to $20 for a low-quality paperback so the author can earn 30% of the revenue that his or her book generates (i.e. $3 or $4 per sale). Crazy, huh?

      --
      Support the 30 Hour Work Week!!!
    12. Re:What an idiot by Ertman · · Score: 1

      I don't even see how this would reduce revenue at all.

      Today if I want an audiobook, I'll go buy the audiobook. I won't buy the paper book as well.

      In the future, when TTS is perfect and indistinguishable from a real human, if I want an audiobook I'll go buy the book and have my eBook read it to me.

      In both scenarios, I purchased the book once. And as noted, in scenario 2 I can't resell the eBook. Why are they against this again? Maybe the Voice Actors Guild should be worried, but not the author's guild.

    13. Re:What an idiot by vertigoCiel · · Score: 1

      Actually, I'd say that this would negatively affect e-book sales. The secondhand book market offsets the cost of new books. I'm more likely to buy a $25 new book if I know that I can sell it for $10 later.

    14. Re:What an idiot by mcgrew · · Score: 1

      Yes, an author can self-publish, but then the author IS the publisher and there is no license needed.

    15. Re:What an idiot by Sj0 · · Score: 1

      It wouldn't be the first time a piece of technology made VAG upset.

      --
      It's been a long time.
    16. Re:What an idiot by EtherMonkey · · Score: 3, Insightful

      Hmmm $8 for a paperback, or $8 for a DVD of a movie, or $24 for a video game that plays 20 books worth of time, or ... Books are way overpriced now. My solution is mostly the same as for music- I just stopped buying them. If they were $4, I would probably buy them.

      First of all, please tell me where you live because I'm paying up to $10 for a paperback and a minimum of $15 for a DVD and $50 for a video game.

      I have to agree with your solution. As prices have gone up I've cut back on my spending because I generally feel the product isn't worth the cost. The result is that I spend LESS money now on entertainment than I did 20 years ago, not even factoring in inflation.

      Remember when movies were $4.50 and you could get popcorn and a soda for $5.00? I used to take my kids to the theater every week. 4 x$ 9.5 x 52 = $1976

      Now tickets are $10.50 and popcorn and a soda are another $10+. So now we go to the movies once a month, get a soda and sneak-in our own snacks. 4 x 15.50 x 12 = $744.

      Who's the loser? The movie theaters, studios and MPAA. At $62 per movie -- assuming we sneak-in snacks -- I'm a lot more selective about what movies we go see. Honestly, there aren't 12 movies released each year that are worth that much to me. But when it only cost about $30 to take the family to the movies, you didn't mind when the many of the movies were bombs.

      Ditto for books. I used to read a book a week when they were under $5. Now I buy maybe 12 books a year at an average price of $9.00 and trade with people at work and in my neighborhood.

      And video games. Used to be I'd buy new games the week they were released. But at $80 each for the newest titles that can be finished in a week unless you pay EXTRA for on-line gaming, I've cut down to just a few games a year.

      The problem I see with the Entertainment industry is they literally want to have their cake and eat it too. They want to keep on increasing the size of their slice of the pie while selling more pieces of more pies at the same time.

      --
      --- A man with a briefcase can steal more money, than any man with a gun. [Don Henley]
    17. Re:What an idiot by Maxo-Texas · · Score: 1

      We have "Fry's" and dvd's typically drop below $10 about 12 - 18 months (then go back up until about 36 months where they can drop as low as 3.99). Except for the hottest blockbuster films (but those you just check out from the library or netflix)

      I guess I should say... I stopped buying books before they hit $8 and the last few books I've read were loaned to me by friends who recommended them as good ones (doing my editing for me).

      I got my Wii game for $29.99 at walmart. It was probably worth $20 but I felt i had to have one besides wii sports. Agree that i used to get a month to three months out of games and now nowhere near that. Combination of being easier and having prettier content but a lot less of it.

      Best game I ever purchased was Total Annihilation. I *still* play it now and then.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    18. Re:What an idiot by geekoid · · Score: 1

      There are raw costs that go up. Also, hard covers had a hell of a time selling for over 20 bucks(psychological price point) so they raised the price of paperbacks.
      I would like to know the actual numbers involved her.

      I also recommend you become friends with your local library..think of it as having a personal library. Sure, you butler is slow and sometime it takes a week to get what tyou want, but you have a large collection of books, CDs, DVDs, games, and so on.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    19. Re:What an idiot by Eskarel · · Score: 1

      Of course authors generally don't make "soooo much money". Like the practitioners of pretty much every field that doesn't have a seriously rigid certifying body, the vast majority of them aren't any good.

      If you write books that people want to read(or at least that people want to buy) then you make money. If you don't, you don't. Most authors aren't particulary good and/or don't write things people want to read.

      Writing is actually a lot fairer than most industries in this fashion as, as far as I can tell, a hell of a lot more people get a chance for someone to publish their book than get to be actors or recording artists or whatever they're called now.

    20. Re:What an idiot by ravenshrike · · Score: 1

      I dunno, Mr. Correia got my money directly, and now his book's even being published by a respectable publisher which doesn't screw over their authors.

  4. Dicing us ever more finely... by Dracul · · Score: 2, Interesting

    This nicely illustrates a subtle trap that copyright law has fallen into. By being a 'bundle of rights' it has encouraged an approach of ever finer division of intellectual works and their uses. An infinite series of new markets to be exploited - that's the legacy of the 'long tail.' I look forward to serving our new 'reading on saturday morning in bed' licence-owning overlords!

    1. Re:Dicing us ever more finely... by TheTurtlesMoves · · Score: 1

      But the more they tighten their grip on copyright, the more copyright works will slip through their fingers.

      --
      The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
  5. Pirates! by cgenman · · Score: 2, Insightful

    Does this mean screen readers are copyright violation machines? Damn those freeloading blind people!

    1. Re:Pirates! by NonUniqueNickname · · Score: 1

      Does this mean screen readers are copyright violation machines?

      Yes, it is. Also a copyright violation: reading out loud.
      Damn those freeloading kids! I told you no bedtime stories or the Authors Guild will put your daddy in a bad, bad place.

    2. Re:Pirates! by HTH+NE1 · · Score: 2, Insightful

      Indeed. President of the Authors Guild, meet the Americans with Disabilities Act.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    3. Re:Pirates! by drerwk · · Score: 2
      +5 for not reading his rant:

      In fact, publishers, authors and American copyright laws have long provided for free audio availability to the blind and the guild is all for technologies that expand that availability.

    4. Re:Pirates! by Jason+Levine · · Score: 2, Insightful

      Don't forget us freeloading parents. Who knew that I was committing an act of copyright infringement while I read my son his bedtime story? I guess I be a pirate then. *ARRR* Where do I get my eye-patch?

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    5. Re:Pirates! by snspdaarf · · Score: 1

      Your eye patch should arrive, oh, mid-September, around the 17th.

      --
      Why, without your clothes, you're naked, Miss Dudley!
    6. Re:Pirates! by DrLang21 · · Score: 1

      How do I acquire such a free audio copy? Do they demand medical proof of blindness?

      --
      I see the glass as full with a FoS of 2.
    7. Re:Pirates! by Belial6 · · Score: 1

      Maybe, but certainly every school teacher that reads non-public domain books out loud to their class is in violation of copyright, and certainly other laws centering around involving minors in illegal activities when they ask the students to do the public reading.

    8. Re:Pirates! by mazarin5 · · Score: 1

      I guess I be a pirate then. *ARRR* Where do I get my eye-patch?

      It's awesome that you do the voices too!

      --
      Fnord.
    9. Re:Pirates! by jonaskoelker · · Score: 1

      Where do I get my eye-patch?

      Returrrn yer pirate card at th' entrance, yer scurvey land-lubber. It be named an arrr-patch!

    10. Re:Pirates! by Anonymous Coward · · Score: 0

      you have the real sticky part here. i keep hoping that someone will invoke the ADA in this argument.

      are you saying, mr author guild jerk, that blind people cannot buy a device that reads aloud public domain work to them?

      what about modern copyrighted material, that they purchase legally, but cannot read. should they not be able to enjoy it?

      oh, i see, you are saying that a blind person should have to pay $75 for the seventh harry potter book when seeing people got it brand new, in hard cover for $16? i get it...

      actually, that is a lie. i don't get it.

    11. Re:Pirates! by Anonymous Coward · · Score: 0

      Doesn't Apply. Amazon isn't selling the Kindle as a device for the disabled, nor is the president of the author's guild advocating against such.

  6. Advocacy organizations by qbzzt · · Score: 4, Insightful

    People who head advocacy organizations, such as the Authors Guild, have to have issues they can push so as to get members of their groups to pay dues. If there are no real issues, they need to invent them.

    --
    -- Support a free market in the field of government
    1. Re:Advocacy organizations by TimothyDavis · · Score: 1

      I don't think they are inventing an issue here. The issue is that this technology has potential to very much hurt the audio book business. This guy is just doing whatever he can to advocate protectionism (which is his job). It is simply unfortunate that he has little to work with here.

      I hardly read print books anymore - I very much enjoy listening to audio books while doing something else (working out, driving, walking, etc). What I can tell you is that there is a huge gap between well read audio books, and the crap books that many authors decided to read themselves. I am very skeptical that the Kindle can even match the quality of current human read books of poor quality. Tone inflection, multiple character voices, etc all make up a quality audio book. I don't see a machine being capable of replicating a good reader for at least the next ten years.

    2. Re:Advocacy organizations by JustinOpinion · · Score: 4, Informative

      You're right that the Authors Guild relies on members. Which is precisely why, if you disagree with the statements of the Guild, you should put pressure on authors, either by boycotting any author who is a member of the Guild, or writing to them and asking them to signal their disapproval.

      When the Authors Guild says these kinds of ridiculous things (and uses logic which, incidentally, implies that people with disabilities should not be allowed to convert media to a form they can use), it makes all members look like greedy idiots. Authors should speak up and tell the Guild that they do not want to be represented as such.

      For a partial list of Guild members, see:

      http://www.authorsguild.org/news/member_websites/a.html

      Contacting the Guild and mentioning that you plan to boycott authors associated with them might also get the message across.

    3. Re:Advocacy organizations by macraig · · Score: 1

      Mod this dude up, please. This behavior is exactly why unions should be ad hoc and problem-specific organizations, and be disbanded after the problem is resolved, not linger around for decades afterward like fat parasitic leeches.

    4. Re:Advocacy organizations by Krater76 · · Score: 2, Interesting

      People who head advocacy organizations, such as the Authors Guild, have to have issues they can push so as to get members of their groups to pay dues. If there are no real issues, they need to invent them.

      This is more true then people realize.

      Case in point: the city where I grew up is an industrial mill town where almost everyone is union. At some point in the late 70s/early 80s a union for barbers came through and unionized all the barbers there. And of course you pretty much had to join because the other union workers wouldn't go to a non-union barber shop. They were advocating for better pay, working conditions, etc. It sounded great to all those involved.

      So what could possibly go wrong? Well for one, most barbers either owned, or co-owned, there own places so who were they protecting their jobs from? 'The man'? They were 'the man'. Secondly, the union tried to get uniform pricing across all barbers but this was a silly notion. A barber with experience had to charge the same as the new guy. Also, if someone was just plain better than another they still had to charge the same even though they could only see so many clients per day.

      In the end the union failed because everyone realized they were paying dues for nothing. There are no longer any union barbers in the town and everyone sets their own prices to what the market will bear.

      NOTE: As someone who comes from a family of union workers, I am not bashing unions. I am critical of the fact that in some places the market is better without them, especially in the case of skilled labor.

      --
      "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?" - Patrick Henry
    5. Re:Advocacy organizations by sweatyboatman · · Score: 3, Insightful

      not to get too far off topic here, but I don't think you've thought your proposal through quite enough.

      I can think of 2 intractable problems with what you suggest:

      1. employers will know they can abuse their employees with no consequences for at least as long as it takes to form a union. a period they can extend by using FUD to hamper unionizing efforts.

      2. if and when the problem is actually recognized, how does one quickly and efficiently form an ad-hoc union consisting of thousands of members who live and work in disparate places?

      healthy unions are as vital to our economy as healthy companies.

      --
      It breaks my pluginses, my precious!
    6. Re:Advocacy organizations by DavidTC · · Score: 2, Interesting

      Yeah, sometimes 'unions' end up in places that 'guilds' should be.

      In the modern world, those terms are often interchangeable, but guilds aren't there to set prices except at the lowest rung of the ladder. For example, the Actors Guilds set 'scale', below which you can't hire an actor, but they don't have any caps on the top.

      A barber's guild, something to represent them to the outside world and ensure that there are minimum standards (For example, that people actually know how to cut hair.) and minimum prices (So that employees aren't pay minimum wage to cut five people's hair, at 10 dollars each, an hour.) makes sense. A barber's union does not.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    7. Re:Advocacy organizations by jimbudncl · · Score: 1

      Just as automation hurt the factory line workers? Just as email hurt the postal industry? Just as any advancement displaces people and shuffles them around to other uses.

      Advancements, by their very nature, must take a process that required a set amount of effort to complete and reduce that amount... otherwise they wouldn't be advancements.

      We can't be stuck worrying if someone's feelings will be hurt or someone's job becomes obsolete. It's that kind of self-centered viewpoint that stifles innovation and the forward movement of society at the benefit of the minority.

      I agree, though, that it's unlikely hardcore audio book audiences will substitute a Kindle with a real professional audio book. Even when the technology makes the two indistinguishable, there'll be those elitist's who insist on the human reader. Also, what about books available electronically that have no audio version? Indi books from outside the Guild?

    8. Re:Advocacy organizations by qbzzt · · Score: 1

      What I can tell you is that there is a huge gap between well read audio books, and the crap books that many authors decided to read themselves.

      This is the critical point. Technology is going to take away the ability to sell cheaply read books. It is not going to take away the ability to sell competently done audio.

      So authors are going to lose the ability to license an auxiliary product that does not have value added. Happens all the time, whenever there are changes. They are welcome to publish through publishers that don't support Kindle.

      --
      -- Support a free market in the field of government
    9. Re:Advocacy organizations by macraig · · Score: 2, Insightful

      healthy unions are as vital to our economy as healthy companies

      And given the fact that they foolishly duplicate the hierarchical structure that leads to their adversaries being so unethical in the first place, they quickly fall victim to the same lack of ethics, as the unethical cream of the crop rises through the ranks and grabs the helm.

      Unions become just as corrupt as the corporations and governments that they claim as adversaries, precisely because they collectively behave exactly the same and make the same organizational and, ultimately, ethical mistakes.

      Unions don't impress me.

    10. Re:Advocacy organizations by Chosen+Reject · · Score: 1

      I don't think they are inventing an issue here....It is simply unfortunate that he has little to work with here.

      The first sign of inventing an issue is not having a lot to work with.

      --
      Stop Global Warming!
      Just say no to irreversible processes!
    11. Re:Advocacy organizations by m.ducharme · · Score: 1

      I don't think temporary unions are the solution though, I think a better solution would be a one-plant(or company)/one union model, where union membership is not based on craft, but location. So your auto plant (for example) has a union composed of the line workers, engineers, marketing, etc, who bargain together with management for wages/health care/safety measures and whatnot. They would have no members who are not also workers in the plant (which is one of the greatest problems with craft unions, as far as I'm concerned), but they would still have strike power at the plant to force change should change be necessary. It would also force better communication between departments, who would have to present a united front to management on demands or risk being the victim of divide and conquer tactics.

      Anyway, just a thought. I don't think it's a good thing for society to do without unions altogether, but I agree that past a certain size, unions are as prone to corruption as any other organization.

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
    12. Re:Advocacy organizations by Anonymous Coward · · Score: 0

      how does one quickly and efficiently form an ad-hoc union consisting of thousands of members who live and work in disparate places?

      Internet?

    13. Re:Advocacy organizations by bluefoxlucid · · Score: 1

      You'd think the authors would read their own books better, seeing as how the flows of creativity should drive their emotions as they retell their own works. Even worse than killing the audiobook market, though, is replacing the low-end portion of that market with something cheaper, forcing the market to raise quality overall to continue to attract business. Nobody wants to have a baseline to compete against, they want to be able to push the lowest form of crap and insist that it's all there is; you watch Microsoft when ReactOS can compete 1:1 with it and offer better performance and out-of-the-box feature sets.

    14. Re:Advocacy organizations by steelfood · · Score: 2, Insightful

      These days, the job of the union has been supplanted by the lawyers. A lawsuit will take care of all the abuses.

      Now, as for inability to fire a unionized employee and all of the nice perks the unions bring along, well, that's just people's sense of entitlement speaking.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    15. Re:Advocacy organizations by macraig · · Score: 1

      Your alternative might have some success. This is a corollary to the fact that socialism doesn't "scale up" well at all. Given that socialism seems to only work effectively on a small scale, if the scale of the union is kept localized and thus village-sized, it might be possible to have a persistent union that is free of corruption.

      Of course, that same logic SHOULD be true for governments and corporations as well, but it doesn't seem to work. Even our state, county, and municipal governments get pwned by the bad/evil/greedy folks. My own city and county is so pwned by land developers that it's impossible to tell where one entity ends and the other begins.

      If only we could learn how to organize WITHOUT the hierarchy, or at least one where the pawns and peons know when to say NO! to bad orders....

    16. Re:Advocacy organizations by m.ducharme · · Score: 2, Insightful

      Maybe the problem isn't so much with scalability as it is with discrepancies of scale between different balancing powers. For example, I see corporations as being too powerful, compared to governments and people in general. Is there some other power that can increase, to balance out the corporate power? Or can the corporate power be reduced to match the current levels of government power? I think balancing powers off against one another works much better than having the corporations and the governments (and unions) all getting into bed together and fleecing the people.

      Of course, you're partly right about corrupt leadership growing with scale, that's probably due to the community values, or rather lack of them, as populations grow. It's much harder to rip off people you know. For example, I come from a small town of about 10,000 people in Ontario, Canada. I know most of the people sitting on our city council, and worked with many of them at one time or another. I am acquainted with my Members of Parliament and Provincial Parliament, and will chat with them if I see them in the street. Consequently, I feel much more confident that they're representing my interests, because I can call them on it if I think they're scamming me.

      Further, and especially at the local level, everyone knows everyone else. If the Council makes a decision that will put 50 people out of work, it's a good chance that almost everyone on the council knows someone who lost their job. That makes them more cautious when it comes to handling economic matters (sometimes too cautious).

      So, if the key to fixing unions is making a one company/one union world, then maybe the key to controlling government and corporations is parcelling them up in different ways, fragmenting them. Put caps on the market value of a corporation, or make a one-product/one corporation rule. And for government, maybe the best thing is to eliminate levels. Place the emphasis on local governments, and weaken the powers of both federal and state governments. Or, and this is a really crazy idea, have only two levels of government: local and national(and probably eventually global) with nothing in between.

      Anyway, just more meanderings that have been floating around my brain, don't make me actually defend any of this because I don't know if I'm even right. All I know is that the left/right, bigger/smaller debate doesn't seem to be getting anywhere, and I think it's because our problems are more subtle than that.

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
    17. Re:Advocacy organizations by Anonymous Coward · · Score: 0

      I wish I could find an author I actually enjoy on there to boycott.

    18. Re:Advocacy organizations by macraig · · Score: 1

      Maybe it just boils down to a struggle between the rational/objective and emotional/subjective? Errr... Vulcan versus Andorian? I guess Karl Marx thought so, and I reached the same conclusion without ever reading a word of any of his writing. I even re-coined the term "subjective valuation" and then later found out I was late to the (socialist) party. :-|

      BTW, I too have wondered about that notion of restricting corporations to a single product (or product class) and prohibiting diversification. Then I argue myself out of it....

    19. Re:Advocacy organizations by m.ducharme · · Score: 1

      I think you're looking at a big part of the problem, but most people don't see the real problem with the rational/emotional dichotomy. here it is:

      marxism: a rational actor will behave for the benefit of society, and in so will benefit herself more in the long run.

      free market capitalism: a rational actor will act for her benefit, and in doing so will benefit her society in the long run.

      Now if you look at these two statements, they say two things about human nature, specifically that people might behave "nobly" or "selfishly", and that how they behave will affect society at large. The problem with marxism is, that it doesn't work. People don't always behave "nobly", for the benefit of society. They do behave greedily. The problem with free-market capitalism is that people do sometimes act "nobly", and put their own self-interest below the good of society, even when they're being rational in their decision-making.

      But there's a much bigger problem that both those theories are equally vulnerable to, and it's this:

      People are not rational actors.

      Think about it. How many people do you know, who actually sit down and think through even a fraction of the decisions they make on a daily basis? Most people, most of the time, make decisions based on their heart and their gut, and if they think rationally at all, they justify their irrational decisions after the fact. Another common decision strategy is rule-based: you follow a set of rules that you've been given, and act on the answer generated by the rules. Real, rational, critical thought is pretty rare, and requires training and practise. How many people do you know that actually practise thinking? You and I are doing it right now, but we both know that here on slashdot where one would expect the mean IQ to be higher than average, a vast number of flame wars, debates, tirades and arguments revolve around the conflicting guts and hearts of the combatants.

      Any system that fails to take this into account will fail.

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
    20. Re:Advocacy organizations by Anonymous Coward · · Score: 1, Interesting

      Now, as for inability to fire a unionized employee and all of the nice perks the unions bring along, well, that's just people's sense of entitlement speaking.

      First, an healthy union would be concerned about keeping high standards as far as work output and quality. In the skilled trades the major unions have multi-year apprenticeship programs and often work with employers to estabish training certification programs. Not all unions do this, but those that do provide significant extra value to both their members as well as employers.

      Second, I've yet to see any contract prevented a unionized employee from being fired when there was legitimate cause to do so. By legitimate causes I mean not only gross incompetence but also dangerous or criminal behavior. In contrast, union contracts generally impose sufficient time and effort to the dismissal process necessary to prevent terminations with questionable justifications.

      Third, your comment on the other "perks" being a result of a sense of entitlement is asinine at best. Extending it just a little further and anyone; union or not, blue- or white-collar, who wants to influence their working conditions has a "sense of of entitlement". Also recall, that when unions started, things most people take for granted like at least one day off a week or basic work safety was a "perk" that many workers didn't have.

    21. Re:Advocacy organizations by SpinyNorman · · Score: 1

      I would expect it'll be much longer that ten years for a computer to perform a book anywhere remotely as well as a person. If the book had all the prosodic/intonational/emotional/voice mark-up necessary that'd be a different story, but given a plain unmarked-up e-Book the computer would need to have full understanding of what it was reading to do an equivalent job, which is something still a LONG way out in the future (as for that matter is decent TTS at all - even given a desired emotion or voice current TTS technology basically can't do it - you need a formant-based synthesizer to do that, and they have been basically abandoned as a comemrcial approach since the current state of the art is that they sound about as human as Stephen Hawking (who uses one).

    22. Re:Advocacy organizations by macraig · · Score: 1

      Sadly... agreed. :-(

    23. Re:Advocacy organizations by sweatyboatman · · Score: 1

      it's kinda a shame you posted anonymously

      --
      It breaks my pluginses, my precious!
    24. Re:Advocacy organizations by geekoid · · Score: 1

      Wrong.

      Stop generalizing.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    25. Re:Advocacy organizations by Anonymous Coward · · Score: 0

      healthy unions are as vital to our economy as healthy companies

        But can you have healthy unions when they are defacto granted as monopolies. Workers in many instances are made to join whether they want to or not.

        Many unions these days behave as the monopolies they are in the niches they are taken over.

        The romanticized notion of the union ( a benevolent organization out for the disenfranchised ) versus the organization that is out for its own inertia that many have become.

    26. Re:Advocacy organizations by macraig · · Score: 2, Funny

      Well, my... that was quite the convincing argument! It nearly gave me whiplash. I bow to your superior oratory and reasoning skills, and forthwith recant everything bad I've ever said about unions.

      Not!

    27. Re:Advocacy organizations by Seraphim_72 · · Score: 1

      Why are you saying this here? Submit the story. I mean if you know the next expansion is Guild Wars Barber sing it out! ;)

      --
      Slashdot, where armchair scientists get shouted down and armchair theologians get modded up.
    28. Re:Advocacy organizations by TimothyDavis · · Score: 1

      The first sign of inventing an issue is not having a lot to work with.

      From your perspective there is no issue (or that is was invented). For a person trying to preserve an industry from change, the issue is not simply "invented". The issue exists, and is going to affect members of the guild.

      Do not mistake my words as support for the guild - I am just pointing out that this issue is real.

    29. Re:Advocacy organizations by Anonymous Coward · · Score: 0

      1. employers will know they can abuse their employees with no consequences for at least as long as it takes to form a union...

      Only if the employees are losers with no other job prospects or marketable job skills. Why else would someone report to their job every day to take their beatings?

      2. if and when the problem is actually recognized, how does one quickly and efficiently form an ad-hoc union consisting of thousands of members who live and work in disparate places

      You associate with your peers via community websites, forums, and mailing lists. Then interested parties can stay informed about what's going on and you can broadcast your call to action.

      healthy unions are as vital to our economy as healthy companies.

      In 2008, union members accounted for 12.4 percent of employed wage and salary workers. I don't think you guys are as important as you think you are.

      Source: Bureau of Labor Statistics (http://www.bls.gov/news.release/union2.nr0.htm)

    30. Re:Advocacy organizations by WNight · · Score: 1

      Why is it reasonable to make wage caps?

      I can see that a guild or professional association (engineers for instance) should have safety rules. A guild actor shouldn't work with a crew who doesn't get their equipment safety inspected, and an engineer shouldn't build a building out of balsa-wood even if a client wants it.

      Photography is a perfect example. A pro used to be able to support themselves entirely on stock photography - shooting smiling people using tech, etc, hoping someone would need such a picture for a brochure and be willing to pay the $50 to use it. Now there are a ton of pictures under appropriate CC licenses, or on cheap stock-photo sites at 1/100th the price of a few years ago.

      Sure, it sucks for any individual photographer who now has to find something else to do. But it's great for everyone writing brochures. Or making a freeware game, or a school presentation, or one of a million other uses that never would happen if there was a seemingly reasonable minimum cost per transaction.

      Good photographers never even noticed though. They're producing actual quality and have people lined up around the block. It's the hacks who've been exploiting that fact that photography was pricey who are now whining for protectionism. The lack of an artificial bottom in the market means there's a wider range of what you can pay get. Not every project required a professional photo.

    31. Re:Advocacy organizations by The+Cydonian · · Score: 1

      When the Authors Guild says these kinds of ridiculous things (and uses logic which, incidentally, implies that people with disabilities should not be allowed to convert media to a form they can use), it makes all members look like greedy idiots.

      No, it just makes you look like an illiterate moron. Read the article before you start boycotting authors:

      On the National Federation of the Blind's Web site, the guild is accused of arguing that it is illegal for blind people to use "readers, either human or machine, to access books that are not available in alternative formats like Braille or audio." In fact, publishers, authors and American copyright laws have long provided for free audio availability to the blind and the guild is all for technologies that expand that availability. (The federation, though, points out that blind readers can't independently use the Kindle 2's visual, on-screen controls.) But that doesn't mean Amazon should be able, without copyright-holders' participation, to pass that service on to everyone.

    32. Re:Advocacy organizations by DavidTC · · Score: 2, Informative

      Well, with the actor's guild, the minimum wage is due to the fact that there are literally tens of thousands of lower-end actors competing for the same roles. Some of them very hungry, some of them rather delusional that the next role will be their big break. Thus if there wasn't a acting minimum wage given for a non-extra role, and a slightly higher one for a speaking role, (This is called 'scale'.), actors would underbid each other down to state minimum wage. Or, hell, for free.

      Talking about 'reasonable' is not relevant. Guilds and unions are not 'reasonable', they are groups of people in the same industry who work together to force their employers to do something. It's certainly reasonable for them.

      In industries where there are identically jobs requires essentially the same skill and same work, it makes sense to set the wage per-job and per-experience and all sorts of things via unions.

      In industries where that is not true, a guild does a lot less, but it still does things like protecting people starting out in the industry. Screen actors got ripped off badly by studios for the first 60 years of their existence. There are reruns on TV Land that people still watch that the actors don't make a penny from. (Neither do the writer, or the director, or anyone except the studio.)

      I don't know how much the various actors guilds actually require actors get paid in residues now, but what they don't require, they offer actors information about what 'fair' deals are, and even write or at least examine and approve standard contracts. (Simply educating people to take a percentage of the gross instead of the net helps a lot.)

      Photographers don't have a useful guild not because it wouldn't make sense for them, but because not enough of them work for organizations with a bunch of photographers. Many of them aren't working for anyone at all...they're contractual hires by random people.

      And I'm not aware of any guild that operates the way you think a photography guild would operate, by setting a minimum price on sold goods.

      In fact, that would probably be a violation of anti-trust laws. Unions are exempt when negotiating wages, not prices. A bunch of small business owners who work for themselves, can't negotiating price fixing, and make it legal by calling it a 'union'.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    33. Re:Advocacy organizations by WNight · · Score: 1

      In industries where there are identically jobs requires essentially the same skill and same work, it makes sense to set the wage per-job and per-experience and all sorts of things via unions.

      The illusion this creates that there are equal employees, let alone all of them into one of a few slots, is very damaging. Far worse is that unions tend to base pay on seniority, not tested skills, performance reviews, etc. This kills people's drive and cheats not only the good employees who'd be worth more, but also the company who only gets as much out of them as from an average employee.

      It's a problem where the industry is dominated by a union to the point where people can't make the choice not to participate. Movies seem to be like this.

      Screen actors got ripped off badly by studios for the first 60 years of their existence. There are reruns on TV Land that people still watch that the actors[/etc] don't make a penny from.

      There are antiques selling for a fortune, none of which goes to the designer, worker, or supply chain. We don't call it a rip-off because it was a voluntary trade, even if in retrospect it turned out much better for one person than another.

      I'm not aware of any guild that operates the way you think a photography guild would operate, by setting a minimum price on sold goods.

      In fact, that would probably be a violation of anti-trust laws.

      Yes. But that doesn't stop photographers used to this gravy train from berating people for selling below their "fair" price.

      I release many of my photos under permissive licenses because they don't represent a lot of work to me. Some I might be able to charge for, and sure some company could afford to pay, but why should I jack up prices for some third-party (their customers) just because I could?

      In photography the photographer owns the copyright to the photos you've paid them to take, by default. It's legal, but it's misleading and imho greedy. The customer is the one putting out the money to finance the shot, all the risk is theirs, why should the photographer get to keep potentially 99% of the value?

      Technically programming works the same way. I own the copyrights to my programs even if I wrote them for a client, unless they specify otherwise which few do. I still make sure my clients end up with at least a perpetual license. (An actual exclusive copyright would be unreasonable because much of the code would on any job is my pre-existing library code.)

      Watching the threads where old pro photogs harass newbies with digital cameras for killing prices it's a lot like watching unions scream at "scabs".

      Harassing people like that might be reasonable if the union were saving lives. But I've seen, personally, more anti-social behavior from unions than not.

      Transit workers in my city shut down most of the transit for over a month, for a wage dispute when they already made nearly double the average non-union wage for those positions. Worse, they blockaded independent business who tried to provide an alternative by renting tour buses.

      I talked to a few workers who were picketing around the closed transit stations. I told them that most of the transit users are in the lower wage brackets - earning far less than them. They were making people who earned literally a third of what they made, pay much more to get to work, lose jobs, etc.

      I never got one iota of compassion for anyone else from these people. They had a legal right to block our way and that was the best and only thing they could say to justify their behavior. Like if it were legal to bulldoze my house to build a swimming pool for theirs simply because of a surveying error, that they would.

  7. I own one by blueforce · · Score: 5, Informative

    I got my Kindle 2.0 from the UPS driver yesterday.

    I tried out this frightful technology and I can tell you - it sounds very much like Stephen Hawking reading to me.

    If by "replace humans" he means Stephen Hawking doing book readings at the local Borders well then, yes, maybe he's right.

    On the _other_ hand, I'd like my books read to me... "Once more, with feeling" (you dirty grubs).

    --
    If you do what you always did, you get what you always got.
    1. Re:I own one by TheTurtlesMoves · · Score: 2, Funny

      "I am not going to say it again children, Now come closer!" - Kindel in Christopher Walken mode.

      --
      The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
    2. Re:I own one by Idiomatick · · Score: 1

      On a somewhat related note, Stephen King has a book out that is Kindle only. So it might work there...

    3. Re:I own one by vanyel · · Score: 1

      Yeah, mine showed up today, and while it works decently, it's no replacement...

    4. Re:I own one by just_another_sean · · Score: 1

      Look I like Roy Blunt Jr. He's pretty funny, does the witty but behind the times old guy pretty well. But I do totally disagree with him on this one.

      Having said that I RTFA (the horror!) and he's arguing that this is the beginning of something much worse. That even though TTS sounds like Steven Hawking now it is getting better. He even cites an IBM employee boasting at how realistic they are able to get TTS these days.

      Again I totally disagree with his position but it's getting a little tough to read the same "snappy comebacks" from people who didn't read the article. He addressed the "how it sounds" argument, he addressed the "reading to my 4yo" argument and he addressed the "Americans with Disabilities Act" argument in the article.

      What he didn't address were Fair Use, dying business models protected by bad law, the progress of how media is enjoyed by people these days and how one could turn the Kindle's ability to TTS a book into a great PR piece that might help his members sell more books. Those are the things we should be pointing out, not regurgitating the same rhetoric over and over even though he's already made up his mind on these.

      --
      Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
    5. Re:I own one by necro81 · · Score: 1

      I tried out this frightful technology and I can tell you - it sounds very much like Stephen Hawking reading to me.

      If by "replace humans" he means Stephen Hawking doing book readings at the local Borders well then, yes, maybe he's right.

      I only ever read books by Stephen Hawking, so this would be perfect.

    6. Re:I own one by Anonymous Coward · · Score: 0

      So you're saying he's right on target at least when it comes to "A brief history of time"?

    7. Re:I own one by Anonymous Coward · · Score: 0

      What if the e-book is "A Brief History of Time"?

  8. Is it THAT good? by sakdoctor · · Score: 1

    How does the kindle TTS compare to say AT&T natural voice, or RealSpeak TTS engine. ...I still think it's much ado about nothing, but if the quality is indistinguishable from a human voice (which I doubt) then their argument might not be quite so feeble.

    1. Re:Is it THAT good? by hobbit · · Score: 1

      Most audio books I've heard are read by celebrities, i.e., voices people recognize. I don't see TTS replacing celebrities anytime soon, considering that normal voice actors can't even do so.

      --
      "Wise men talk because they have something to say; fools, because they have to say something" - Plato
    2. Re:Is it THAT good? by dreemernj · · Score: 1

      From the 2 or 3 sentences I've heard out of a Kindle 2, it didn't seem anywhere near indistinguishable from a human voice. It was still better than I expected, but I can't imagine it would replace a human reader. Even beyond simple voice synthesizing, the audio books I've listened to conveyed feelings, often did slightly different voices for different characters, stuff like that.

      The audio books I have listened to are definately unique works. The way they are put together, the way they are read, background music on some of them, how they pick and prep the person reading...

      TTS doesn't have any of that, it doesn't replace any of that actual work that went into the audio book version specifically. Its making use of the same source material, but thats there from purchasing the book itself.

      --
      1 (short ton / firkin) = 89.1432354 slugs / keg
    3. Re:Is it THAT good? by Hatta · · Score: 2, Insightful

      Irrelevant. It doesn't matter how good the voice is. If I have the right to hire someone to read a book to me (and I do), then I have the right to hire someone to make a device that reads the book to me.

      --
      Give me Classic Slashdot or give me death!
    4. Re:Is it THAT good? by necro81 · · Score: 1

      I still think it's much ado about nothing

      It may be much ado about nothing today, but who's to say that text-to-speech software on a handheld won't be capable of proper inflection and emoting in 10 years? The difference in quality between the Kindle's text-to-speech and a voice actor is pretty clear, but I doubt that will be the case forever, or even for another decade or two.

      I think more than anything else they want a court precedent, a line in the sand, before software gets that good.

      Had the RIAA realized back in 1995 that people would be able to rip CDs to create files that can be played on a computer or traded across the internet, they might have been able to control it. [I'm not saying they should have done, or that the Author's Guild is right, though].

    5. Re:Is it THAT good? by Abcd1234 · · Score: 1

      If I have the right to hire someone to read a book to me (and I do)

      You do? According to what law? I mean, at some point, reading out loud becomes a public performance that requires the appropriate rights to be secured from the copyright holder (ie, I can't just start up a stage show in which I read, out loud, Frank Herbert's Dune for all to hear without securing the rights to perform said work). So I assume you have some legal precedent or explicit law which states that one person reading to another doesn't cross that line? Or are you, perhaps, simply making an assumption based on your own expectations and biases?

    6. Re:Is it THAT good? by Hatta · · Score: 2, Informative

      Section 101 of Chapter 1 of Title 17 of the US Code reads:

      To perform or display a work "publicly" means --

      (1) to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or

      (2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.

      According to that definition, how is hiring someone to read a book to me a public performance?

      --
      Give me Classic Slashdot or give me death!
    7. Re:Is it THAT good? by ubercam · · Score: 1

      I have to admit, the TTS voices on my TomTom Go 720 are pretty damn good. I have a UK TTS voice, Jane or Kate or something, selected and I can't really tell her from the non-TTS UK voice that I initially had. The only difference is the TTS ones will read out street names.

      The only time it shows its true robotic colours is when gets them horribly, horribly wrong. We have lots of French street names around here and it struggles with a lot of them. Other than that it's pretty spot on.

    8. Re:Is it THAT good? by Abcd1234 · · Score: 1

      It's not. Thanks! I couldn't find the relevant section of the copyright code, nor an interpretation of it (all of Google's hits are about this exact story... not terribly useful), but I probably just wasn't looking hard enough...

  9. Reading to Children a violation by Anonymous Coward · · Score: 0

    I used to read to my son, now I guess I need to just find a books on tape version of Good-Night Moon to avoid violating rights.

  10. Bed time by YayaY · · Score: 2, Insightful

    Is reading a bed time story to its children copyright infringement? This world is really crazy.

    --
    Votator.com implements a fair voting scheme (free
    1. Re:Bed time by drquoz · · Score: 1

      FTA: "For the record: no, the Authors Guild does not expect royalties from anybody doing non-commercial performances of 'Goodnight Moon.' If parents want to send their children off to bed with the voice of Kindle 2, however, it's another matter."

      I, however, see no difference. Mr. Blount is a nut.

    2. Re:Bed time by YayaY · · Score: 1

      So, A baby sitter reading a bed time story to some children would constitute copyright infringement? or should she be part of the Authors Guild for it to be legal?

      It seems to me that copyright infringement should only occurs when there is a public performance or when a 'copy' is made.

      --
      Votator.com implements a fair voting scheme (free
    3. Re:Bed time by story645 · · Score: 1

      there is a public performance or when a 'copy' is made.

      What constitutes a public performance? Is it okay to read a story to a class of school kids (like just about every reading class ever) bit not an auditorium full of kids? Is a daycare group consisting of 5 kids okay, but one with 30 not?

      --
      open source modern art: laser taggi
    4. Re:Bed time by WNight · · Score: 1

      Roughly where they go from just your kids and your family/friend's kids and becomes a business.

      If you had 30 kids, and they each had 30 kids, you could still legally read to your entire flock.

  11. Disabilities by Anonymous Coward · · Score: 0, Redundant

    Is he seriously suggesting that a blind person who has legally purchased copyrighted text should have to pay extra to process that text into a usable format?

    1. Re:Disabilities by betterunixthanunix · · Score: 1

      No, if you RTA you will see that he specifically exempts people who are legally considered impaired. Not that I agree with his stance, nor do I think that his exemption is practical, but we should at least attack him for valid reasons. First and foremost, why should a blind person be required to go through special channels to get an audiobook, when there is no technical reason for that? Second, why should we pay more for an ebook because we *might* use a TTS engine to read it? What happens when a competing ebook reader, without TTS, is released, but we still have to pay for TTS royalties even when we cannot use TTS?

      --
      Palm trees and 8
    2. Re:Disabilities by Sj0 · · Score: 1

      In TFA, he basically says "No, none of your predictable arguments matter, only mine".

      Tell me the difference between reading a book out loud and getting a machine to read it for you. You're paying for data whose primary purpose is being reconstituted into phonetics. I see no distinction between a manual or automated reconstitution.

      --
      It's been a long time.
  12. Let's do a reality check by mangu · · Score: 5, Insightful

    Some books have special editions in large typeface, intended for people with eyesight impairments. These books are more expensive, because more paper is used in printing them.

    According to the Authors Guild logic, using a magnifying glass with a normal print book should be illegal, because then one gets large typeface for free?

    1. Re:Let's do a reality check by Wooky_linuxer · · Score: 4, Interesting

      According to the Authors Guild logic, if I read aloud a book to my 4 y.o. son, I should pay another license.

      Nah, just kidding. I don't have a son.

      --
      Where is that guy who'd die defending what I had to say when I need him?
    2. Re:Let's do a reality check by MightyMartian · · Score: 4, Insightful

      It's not so much reading to your own son, but should libraries now have to pay twice because, shockers, they often have reading programs for kids where a librarian will sit down and read a book to a dozen kids. Heck, what about the classroom, where teachers will read to twenty kids. What about book clubs?

      The whole thing is nuts, and shows just how far mis-managed industries will go to preserve their sacred cows in the face not only of technology but of basic logic.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    3. Re:Let's do a reality check by drquoz · · Score: 3, Insightful

      Actually, what he's saying is if you want to read aloud to your son, you're fine. But if you want to have your Kindle read to your son, you should pay a licensing fee. According to him, there's a difference, and that's where his logic fails.

    4. Re:Let's do a reality check by AdamWill · · Score: 1, Insightful

      "It's not so much reading to your own son, but should libraries now have to pay twice because, shockers, they often have reading programs for kids where a librarian will sit down and read a book to a dozen kids. Heck, what about the classroom, where teachers will read to twenty kids. What about book clubs?"

      Given that this has been going on for years and the authors' guild hasn't made the smallest squeak of protest, I would say...no. The guy has a perfectly reasonable point. Decent TTS in a widely-used device will basically kill the audiobook market, and authors should be compensated in some way for the revenue lost there. What's wrong with that? All they need to do is increase the ebook licensing fee in respect of the problem, or something, and that's all the AG is asking for. They've never said at any point that they're going to go out and start suing people.

      I think Engadget's write-up of this was far more sensible. The way this story was written here is ridiculous.

    5. Re:Let's do a reality check by NormalVisual · · Score: 2, Funny

      According to the Authors Guild logic, using a magnifying glass with a normal print book should be illegal, because then one gets large typeface for free?

      And be ready with a credit card every time you hit the magnifying glass button in Acrobat Reader.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    6. Re:Let's do a reality check by danlor · · Score: 3, Insightful

      Decent TTS in a widely-used device will basically kill the audiobook market, and authors should be compensated in some way for the revenue lost there. What's wrong with that?

      No. They should not. Society moves on. Those left behind need to ask themselves why. Maybe they were never needed in the first place?

      I see no reason AT ALL to ever protect dead markets OR the people who steadfastly insist to keep working in them.

      Let them go down with their ship. It's their ship after all. It's their choice.

    7. Re:Let's do a reality check by Anonymous Coward · · Score: 5, Insightful

      Decent TTS in a widely-used device will basically kill the audiobook market, and authors should be compensated in some way for the revenue lost there.

      Why? Nobody has a right to any specific revenue stream. If technology renders your business model obsolete, tough luck.

    8. Re:Let's do a reality check by Jason+Levine · · Score: 5, Funny

      Call me a Luddite, but parents shouldn't let their Kindles take over parental responsibilities. They should let TV take them over like God (and the big media companies) intended!

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    9. Re:Let's do a reality check by Digital_Quartz · · Score: 2, Interesting

      Decent TTS in a widely-used device will basically kill the audiobook market, and authors should be compensated in some way...

      This is only true if you assume that there are people out there who would buy both the eBook AND the audio book if there was no TTS. Otherwise eBook sales aren't causing a loss of sales in the audio book market, they are merely replacing those sales.

      I own a few books as audio books (usually bought before a long drive somewhere), and even in the cases of the really good ones, I've never felt a burning desire to buy the book again in print.

    10. Re:Let's do a reality check by geminidomino · · Score: 4, Insightful

      Decent TTS in a widely-used device will basically kill the audiobook market

      Spoken like someone who isn't a fan of audiobooks.

      When you're buying an audiobook, you're paying for more than just having the book read to you. The reader (well, the GOOD ones, anyway) inject personality into them. You won't get that out of TTS.

      Given a choice between the likes of Nigel Planer (Discworld), Patrick Stewart and Kenneth Brannaugh(Chronicles of Narnia) or "Hello, My name is Kit." Yeah, buy the real one.

      This is a cash grab, nothing more.

    11. Re:Let's do a reality check by hansamurai · · Score: 4, Insightful

      Decent TTS in a widely-used device will basically kill the audiobook market

      Ahh, no, it will probably not. Part of the bonus of listening to the audio book is the actual human narrator. Until the software can emulate the voices of some of the best readers around, including the actual author of the book, I will still prefer audiobooks when available.

      authors should be compensated in some way for the revenue lost there. What's wrong with that?

      Are you serious? With that logic, any company that has been put out of business by better technology and services should be compensated for their "lost revenue". Please, not every company needs to try the RIAA tactic when losing customers.

    12. Re:Let's do a reality check by davester666 · · Score: 1

      > It's not so much reading to your own son, but should libraries now have to pay twice because, shockers, they often have reading programs for kids where a librarian will sit down and read a book to a dozen kids. Heck, what about the classroom, where teachers will read to twenty kids. What about book clubs?

      Not just twice. Those librarians better have a dozen copies of the books right there, so that each child has their own copy. Same with in the classroom.

      Otherwise it's just massive copyright infringement in our public institutions.

      --
      Sleep your way to a whiter smile...date a dentist!
    13. Re:Let's do a reality check by ximenes · · Score: 3, Interesting

      Why should Amazon increase the fee when the publisher and author are not adding any value? Rather Amazon has added the value here at their own expense.

      By having TTS capabilities, they have not eliminated the audiobook market but have combined the regular market with the audiobook market into one cohesive (e-book) market. This may reduce redundant sales (when someone buys multiple formats of the same basic product), but may also prevent market inefficiencies such as a person desiring one version of the product but not being able to find it due to stocking issues.

      As it stands with regular books, a given person may have to buy the same basic product twice in order to have it in both a written and audio form. This may be worth it because the audiobook form has a special value above and beyond the book version, but fundamentally they are paying twice for the basic content. By enhancing the book, the publisher gets to charge more and this is the financial incentive to undertake the work. The only reason why they are able to charge more is because of the scarcity of the ability to create this product; most people do not have recording studios and access to persons with good speaking voices.

      The Kindle (and similar technology) has removed that scarcity, and so the need to produce audiobooks will decline. However, it seems unlikely that it will entirely disappear, as there will be a difference between artificial and natural readers for some time to come.

      Just because you were able to successfully exploit market demands for a while doesn't mean that you should be able to do forever regardless of technological progress. Should automobiles have a built-in horse whip tax in order to keep that industry afloat?

    14. Re:Let's do a reality check by soren202 · · Score: 2, Insightful

      If your niche is replaced by a computer or something else that can out compete you within the confines of the law, you need to move on and find something else to monetize. The book market won't die just because the Kindle 2 has TTS.

      Of course, this is all beside the point anyway. TTS won't be replacing humans during the lifespan of the Kindle, and certainly not with its processing power.

      You can't get reliable inflection, and you have to deal with mispronounced words with TTS. This won't be the case with human-performed audio books, and, as a result, though TTS will serve many in a pinch, it will still fall far short of replacing audio books, especially when factoring the cost of the Kindle and the cost of running to the Library every once in a while.

      It's true that TTS may displace some of the audio book market, but this will happen regardless of whether the kindle does it or not. All you need to get an equivalent product is an e-book and TTS software, and you're pretty much set.

      I can see his point, but there comes a time to stop whining and adapt. Instead of complaining about losing part of the audio book market, he should be looking for ways to capitalize on technology and squeeze money out of different areas.

    15. Re:Let's do a reality check by thermian · · Score: 3, Insightful

      When you're buying an audiobook, you're paying for more than just having the book read to you. The reader (well, the GOOD ones, anyway) inject personality into them.

      I've bought a number of audiobooks based simply on the fact that Scott Brick narrates them. I wouldn't consider tts to be something able to replace a reader of his skill.

      --
      A learning experience is one of those things that say, 'You know that thing you just did? Don't do that.' - D. Adams
    16. Re:Let's do a reality check by langelgjm · · Score: 4, Insightful

      The guy has a perfectly reasonable point. Decent TTS in a widely-used device will basically kill the audiobook market, and authors should be compensated in some way for the revenue lost there.

      Why? Copyright holders receive royalties on audiobooks because audiobooks are a derivative work. That makes sense. TTS technology is not a derivative work. It allows you to create a derivative work, but so do a pair of scissors.

      You're right, TTS obviates the need for a derivative work, but that is not the same as actually being a derivative work. Copyright law doesn't exist to compensate authors for the fact that there's no longer demand for a derivative work. If they want to take that consideration into account when they set their licensing fees, fine, but honestly I don't even see how copyright law is implicated here.

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    17. Re:Let's do a reality check by rhsanborn · · Score: 1

      Um, why should author's be compensated by that? Their revenue model has been superceded. They don't have a right to revenue produced by people who heard books. The authors have rights to the content, they are still getting the money for their content. Just because people have to pay for the content twice a la physical book + audiobook or voice actors don't have much reason to read books aloud any more doesn't mean people are responsible for supporting this.

    18. Re:Let's do a reality check by bluefoxlucid · · Score: 1

      The author's point is that TTS is illegal and needs to stop, not that the affected industry needs to change its business model to accommodate. This is classic fighting against inconvenient new technology, like the oft-repeated scenario of pharmaceuticals trying to block an outright cure for HIV/Cancer because it would kill their treatment revenue.

    19. Re:Let's do a reality check by DrLang21 · · Score: 3, Insightful

      Here's a novel idea. How about the Writer's Guild actually add value to the TTS that they want royalties for. develop TTS technology with invisible tonal inflection tags and phonetic language. It would take a publisher some manual effort to set up and significantly improve the TTS output. Huh, you mean you can actually make money embracing technology?

      --
      I see the glass as full with a FoS of 2.
    20. Re:Let's do a reality check by StikyPad · · Score: 1

      You mean the same way television killed the film industry, and audio recordings killed the concert industry?

      Just because alternatives become available does not, by default, mean the original industry will suffer. But even if it does, there's no practical, economic, or ethical reason to drag down new technologies with the burden of supporting the business model they obsolete.

    21. Re:Let's do a reality check by MentlFlos · · Score: 2, Funny

      I've bought a number of audiobooks based simply on the fact that Scott Brick narrates them. I wouldn't consider tts to be something able to replace a reader of his skill.

      So you would love a bricked kindle?

    22. Re:Let's do a reality check by Anonymous Coward · · Score: 0

      But the AUTHOR is not making *any* more money on an audio book than he would on a e-Book. So as far as the AUTHOR'S GUILD should be concerned, it's a non-issue. The audio book creation industry might be upset, but not the author's guild.

    23. Re:Let's do a reality check by bhagwad · · Score: 1
      Why should anyone have a "right" to get paid for what technology makes free? New innovation constantly makes offerings obsolete and that's just the way it is.

      They don't need to be compensated in any way. That's their tough luck

    24. Re:Let's do a reality check by Anonymous Coward · · Score: 0

      Please, not every company needs to try the RIAA tactic when losing customers.

      Or the US government, who's handing over tens of billions of dollars to companies who can't make a profit. Then again, it IS the same government that's claims profits are "bad" in the first place.

      What do you expect the lesser-known people of society to think?

    25. Re:Let's do a reality check by Cajun+Hell · · Score: 1

      If technology renders your business model obsolete, tough luck.

      It doesn't even obsolete their business; it merely obsoletes their previously negotiated prices for e-books and audiobooks. Sell the audiobooks for less, or sell the e-books for more, and the entire issue vanishes.

      --
      "Believe me!" -- Donald Trump
    26. Re:Let's do a reality check by Digital+Vomit · · Score: 1

      Decent TTS in a widely-used device will basically kill the audiobook market, and authors should be compensated in some way for the revenue lost there.

      Decent self-driving carriages will kill the buggy whip market, and buggy whip manufacturers should be compensated in some way for the revenue lost there.

      --
      Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
    27. Re:Let's do a reality check by Sj0 · · Score: 1

      Not just voices. An unadorned novel will not have the required information for a tts parser to read it properly. It won't know when the action scenes are coming up so it's time to speed up the pace and emote. It won't know that a main character just lost their mother, so it's time to slow down and emote. It won't even know the difference between a "breathe here" period and a "oh my god the suspense is killing me" period.

      For tts to ever replace audio books, it would require not just excellent tts, it would require a team of programmers and artists to smooth out the pronunciation of words, mark up proper emoting, and generally change the experience from bland monotone to an artistic experience. It's like saying women shouldn't exist in video games because the ai might someday become competitive with women in real life.

      --
      It's been a long time.
    28. Re:Let's do a reality check by EtherMonkey · · Score: 1

      Decent TTS in a widely-used device will basically kill the audiobook market, and authors should be compensated in some way for the revenue lost there.

      The Author's Guild's assertion that the Kindle 2's text-to-speech feature deprives authors of deserved revenue is only true if a) a significant portion of the consumer base would otherwise buy both the printed book and audio book; or b) authors receive higher compensation for audio books than they do printed books. In my experience, "a" is seldom true: people seldom purchase both the printed and audio version of the same book. Furthermore, in my experience, people are more likely to sell or trade audio books than they are printed books once they are finished with the story. One would think the Author's Guild would prefer electronic distribution in such cases, as an electronic copy of a book cannot be sold or traded to another reader.

      As for situation "b," the public argument for high audio book prices has always been the additional cost and ongoing royalties to the actor who "performs" the story for recording. Arguing that authors will lose money if TTS replaces audio books reveals one of the lies of book publishing.

      When you purchase an eBook you are paying for one physical copy of the book that can only be used by one person, (or, at most, a few people in the same location), who holds the eBook reader to which the eBook's license is associated. There is no opportunity for other copies of the eBook to be used separately and, therefore, no basis to demand additional fees or royalties. In fact, an eBook is considerably more restrictive than a printed or audio book. An individual printed book or audio book can be loaned, traded or sold several times without generating any revenue for the author. However, an eBook is tied via digital rights management to a specific eBook reader or computer, and cannot be loaned, transferred or sold.

      I think that in the long run Authors stand to make more money through eBooks due to the DRM restrictions that make it impossible to share or sell your used books. This nonsense about lost revenues due to Text-To-Speech is nothing more than the Author's Guild's jealousy that they don't have any reason to go on witch-hunt against copyright violators like the RIAA and MPAA.

      --
      --- A man with a briefcase can steal more money, than any man with a gun. [Don Henley]
    29. Re:Let's do a reality check by necro81 · · Score: 1

      When you're buying an audiobook, you're paying for more than just having the book read to you. The reader (well, the GOOD ones, anyway) inject personality into them. You won't get that out of TTS

      You don't get that now, but who's to say that text-to-speech software on a handheld won't be capable of proper inflection and emoting in 5 or 10 years? The different in quality between the Kindle's text-to-speech and a voice actor is pretty clear, but I doubt that will be the case forever, or even for another decade or two.

      I think more than anything else they want a court precedent, a line in the sand, before software gets that good.

    30. Re:Let's do a reality check by knightf0x · · Score: 1

      I like how the Guild also ignores the fact that the Kindle helps the authors revenue. With my Kindle, I cannot give that book to a friend to read, sell it do a used book store, or donate it to a library. If those people want to read the book I bought, they would need to borrow my Kindle (not going to happen) or obtain there own copy.

      The more Kindles there are, with people buying e-books from Amazon, the less paper books will be in circulation for the used book market.

    31. Re:Let's do a reality check by Anonymous Coward · · Score: 0

      I've avoided a number of audio books based simply on the fact that Scott Brick narrates them. I would personally prefer listening to the Kindle version. :)

    32. Re:Let's do a reality check by roggg · · Score: 1

      Are you serious? With that logic, any company that has been put out of business by better technology and services should be compensated for their "lost revenue". Please, not every company needs to try the RIAA tactic when losing customers.

      I'm not going to weigh in with a position either way in this one, but I think there's something wrong with thinking it's okay for a packaging technology to drive it's own content authors out of business via "better technologies and services".

      Author's guild has a legitimate concern. Aside from the big names, author's make very little, and losing a billion dollar revenue stream is bound to be a serious problem. There should certainly be some dialog on the issue whatever the resolution is ultimately.

    33. Re:Let's do a reality check by wastedlife · · Score: 2, Insightful

      While I agree with much of what you say, the issue is not with publishers but with authors demanding more money. When an author sells publishing rights, they receive different amounts for different rights. For the sake of argument, lets say they sell dead-tree book rights for 10%, e-book rights for 5%, and audio-book rights for 15%. What the author's guild is saying is that Amazon and the publishers are paying for the ebook rights but selling as audiobooks. In my opinion (bear in mind that IANAL), these ebooks are still being sold as nothing but a DRM encoded text file. The customer's device (the Kindle) is using software to render the text as speech, which should be a form of fair use. For example, if a computer can make visualizations from a song on a CD, does that mean that the CD publisher or the developer of the media playing software should pay for music video rights?

      --
      Said, "It's just like dice but it's got more sides And it tells me who lives and who dies"
    34. Re:Let's do a reality check by MightyMartian · · Score: 1

      Yes, and look at all those fletchers put out of business with the invention of the self-loading rifle. Shouldn't they have got some compensation for their entire way of life basically being reduced from major arms supplier to the odd hobbiest?

      Newer technologies will inevitably render some older technologies redundant. I have no idea why, now, we suddenly have governments that actually want to hold back progress when some industry is rendered moot by advances, when, in the past, the attitude was generally "tough shit".

      One historical example I can think of was the Japanese, who were one of the major producers of firearms in the 15th and 16th centuries, but to preserve the existing political and social order, banned the damned things in the 1500s, only to have to move at lightning speed in the 19th century and import experts because if they hadn't, Japan would have become a second rate power. It's an awfully good example of just how harmful trying to hold back technologies to preserve some favored group can be, and just how costly it can be to finally overcome such idiocy and shortsightedness.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    35. Re:Let's do a reality check by Big+Boss · · Score: 1

      Yes, I would. But I think Mr. Brick would be annoyed if I tried to stuff him into my Knidle. It's a small space for a person to try to live in. :D

    36. Re:Let's do a reality check by wastedlife · · Score: 1

      I think audio book rights are sold at a higher percentage than e-books. Could be higher than regular books too. So their argument is that the authors only licensed the right to publish an e-book, not an audio-book. However, TTS is not an audio-book. And the publisher is not doing the conversion, the consumer's device is.

      --
      Said, "It's just like dice but it's got more sides And it tells me who lives and who dies"
    37. Re:Let's do a reality check by Estanislao+Mart�nez · · Score: 1

      Why? Copyright holders receive royalties on audiobooks because audiobooks are a derivative work. That makes sense. TTS technology is not a derivative work. It allows you to create a derivative work, but so do a pair of scissors.

      But in the case of Kindle, Amazon is combining a proprietary e-book format with a proprietary device that both displays the books as text, and reads them aloud. They cannot invoke your argument as easily as a third-party TTS provider would be able to.

      I think the real issue here isn't whether it's unlawful to use TTS technology to read e-books out loud; I've read TFA and I understand that the author actually agrees it's not. The real issue seems to be a relatively minor one about whether Amazon violated some agreement with its publishers by combining e-books and TTS.

      Basically, it looks like the right to make print editions of books is priced under the assumption of additional revenue from audio editions, and that the publishers licensed their work to Amazon under terms and prices similar to those they do for print editions, with the assumption that the Kindle editions would no more cut into their audiobook revenues than print editions could. Clearly this wasn't their brightest moment. If TTS on e-book readers becomes ubiquitous (as I expect it will), well, then they'll have to learn license and price e-book rights better.

    38. Re:Let's do a reality check by Anonymous Coward · · Score: 0

      I always start with reading the copyright notice. Guess in which camp my son will be when he grows up...

    39. Re:Let's do a reality check by langelgjm · · Score: 1

      If TTS on e-book readers becomes ubiquitous (as I expect it will), well, then they'll have to learn license and price e-book rights better.

      Exactly. Obviously, if Amazon violated some contractual agreement by distributing a TTS device with the e-book, that's a different story, but the simple (and correct) solution is for publishers to try charging higher prices and see if the market bears it.

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    40. Re:Let's do a reality check by shutdown+-p+now · · Score: 1

      Decent TTS in a widely-used device will basically kill the audiobook market, and authors should be compensated in some way for the revenue lost there.

      No, they shouldn't. Authors (or publishers, or whoever) are not entitled to their revenue. Note, I'm not talking about abolishing copyright here - in and of itself it's fair game, so whatever author gets for the copies he distributes, it's fine. But he has no right to restrict one third party (Amazon) from selling another third party (me) a device that allows me to format-shift, just because said format-shifting cripples his ability to sell me the same book in a different format twice. It's fair game for him to try to do the latter, but it's equally fair game for me to use technological measures to avoid being double-charged thusly.

      Now, if they want to start raising prices, sure, it's fair game too... let's see how far that'll go towards "compensating for lost revenue", considering all the lost sales. I bet that's why the publishers are behaving much more reasonably here - because they did the math, and worked out the gains and losses already.

      So, since publishers decide in this case, it's not really going to happen; and that is what the jerk in TFA is whining about - they don't give him extra candy anymore, and "that's unfair"! Except, of course, it is, which is why he's a jerk.

    41. Re:Let's do a reality check by bane2571 · · Score: 1

      Admittedly I haven't read the article and the summary paints this guy in a terrible light but I assume what he wants is EXACTLY to raise the price of the Ebooks to be inline with the pricing for the audio books (From a royalty point of view anyway) because with the kindle they essentially ARE Audio books. Seems fair to me.

    42. Re:Let's do a reality check by roguetrick · · Score: 1

      Seriously, mod parent up, this whole argument is stupid.

      --
      -The world would be a better place if everyone had a hoverboard
    43. Re:Let's do a reality check by jonbryce · · Score: 1

      That's a public performance, so libraries will have to pay again for that.

    44. Re:Let's do a reality check by Arterion · · Score: 1

      Computers have never been very good at imitating humans, either in speech, music, visual art, or anything else.

      Once computers get to that point, there will be a complete paradigm shift in society which makes this particular issue seem silly by comparison.

      Or it may never happen. It may be that a computer, even if we presume a superhuman intelligence in the form of AI, can never produce art in a fashion humans will enjoy. It may very well be that the fact another human created it is what makes us enjoy it so much.

      I have a feeling that when computers can create art like we currently appreciate, the paradigm of what is appreciable art will change. Consider, after all, what is it that makes the Mona Lisa such a renown piece of art? It's not particularly photo realistic, and it does not portray a particularly beautiful woman. So what makes it so celebrated? Do you think a computer will ever be able to compete with that, unless (or until) we begin to recognize computer intelligences as "people"?

      --
      "That which does not kill us makes us stranger." -Trevor Goodchild
    45. Re:Let's do a reality check by Arterion · · Score: 1

      If I wanted to hear a book read aloud, I'd easily pay double or more to hear it read by anyone other than Kindle. A friend at work has one, and it's understandable, but not pleasant. Give me a great voice actor any day, and I'll be happy to pay.

      --
      "That which does not kill us makes us stranger." -Trevor Goodchild
    46. Re:Let's do a reality check by ScaryMonkey · · Score: 1

      "Hello, My name is Kit."

      Ironic that you would use that example, considering that the voice of KIT was not only done by a human but was, in fact, the best actor on the show.

      (Runs from angry crowd of Hasselhoff fans)

    47. Re:Let's do a reality check by Anonymous Coward · · Score: 0

      A librarian reading to a bunch of kids would come under the heading of "public performance", which is a whole distinct copyright issue in its own right.

      In that case, it's covered by the high prices that libraries pay for each copy of their books. They don't just pick 'em up from Borders, you know. They have a whole bundle of special rights and privileges, and they pay through the nose for them.

    48. Re:Let's do a reality check by Wooky_linuxer_Jr · · Score: 1

      Dad?

    49. Re:Let's do a reality check by mrchaotica · · Score: 1

      Oh jeez, don't even mention libraries; they're a whole 'nother can of worms! Not only have they been the bane of the content industry's existence for hundreds of years, they've got special explicit exemptions regarding copyright law.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    50. Re:Let's do a reality check by LoverOfJoy · · Score: 1

      It's possible that audiobook-to-ebook conversions will happen before quality ebook-to-audiobook. It seems like it might be easier. Sure, it might not always get the punctuation correct (e.g. periods instead of exclamation points or question marks) and there might occasionally be a misspelling...but I think that'd be more bearable than the poor inflection of computer generated voice.

    51. Re:Let's do a reality check by John+Hasler · · Score: 1

      > The guy has a perfectly reasonable point. Decent TTS in a widely-used device will
      > basically kill the audiobook market, and authors should be compensated in some
      > way for the revenue lost there.

      Why? Copyright grants a monopoly on making copies. TTS make no copies. So it reduces demand for some special kinds of copies: so what? As someone up thread observed, should authors get royalties on the sales of magnifying glasses because they reduce demand for large type books? Revenue is not a right.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    52. Re:Let's do a reality check by John+Hasler · · Score: 1

      > But in the case of Kindle, Amazon is combining a proprietary e-book format with a
      > proprietary device that both displays the books as text, and reads them aloud. They
      > cannot invoke your argument as easily as a third-party TTS provider would be able to.

      They are still making no copies and therefor not impinging on copyright law.

       

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    53. Re:Let's do a reality check by geminidomino · · Score: 1

      Actually, that was KITT. :)

      "Kit" was one of the sample "female" voices in early versions of Microsoft's "Text to Speech" engine. Think WOPR/"Joshua" about an octave higher.

    54. Re:Let's do a reality check by Anonymous Coward · · Score: 0

      I see what you did there!

    55. Re:Let's do a reality check by The+Cydonian · · Score: 1

      Read the fucking article. Roy Blount Jr talks about exactly this very technology.

    56. Re:Let's do a reality check by Anonymous Coward · · Score: 0

      that is what the jerk in TFA is whining about - they don't give him extra candy anymore, and "that's unfair"! Except, of course, it is, which is why he's a jerk.

      Since you decided he's a jerk, I take it that you've spent the last fifty-nine years writing countless books and have enriched the lives of millions of readers with your writing?

      You want to learn some respect, my friend. The person you called a jerk isn't your peer by any measure, he has an intellect far superior than what you've demonstrated so far with your childish name-calling.

    57. Re:Let's do a reality check by shutdown+-p+now · · Score: 1

      Since you decided he's a jerk, I take it that you've spent the last fifty-nine years writing countless books and have enriched the lives of millions of readers with your writing?

      No, but that's quite irrelevant to the discussion at hand. Hans Reiser is a brilliant, smart man who did "enrich lives" of thousands of Linux users. He's also a cold-blooded murderer.

      In this case here, what I see is a man who argues essentially the same thing as RIAA does - that he has some right to restrict me from converting the book I've bought - not stolen! - from one format to another for my personal convenience; and the right to restrict others from producing tools that aid me in that. The equivalent would be RIAA complaining about MP3 encoders, because they let you buy a CD and rip it to MP3 on your own for free, rather than buying the same music in MP3 for the second time. Yes, this is a very unreasonable thing to demand, as well as immoral, and when a guy persists in this (it's not the first time we hear about that), I will consider him to be an asshole in the same category as RIAA executives, and for the same reasons.

    58. Re:Let's do a reality check by Wooky_linuxer · · Score: 1

      OMG! I knew I shouldn't have messed with the "Parent" button...

      --
      Where is that guy who'd die defending what I had to say when I need him?
    59. Re:Let's do a reality check by Anonymous Coward · · Score: 0

      I've bought a number of audiobooks based simply on the fact that Scott Brick narrates them. I wouldn't consider tts to be something able to replace a reader of his skill.

      The only reason I eventually "read" the Harry Potter books was because they were narrated by Stephen Fry, who is generally awesome. Having seen the films and heard the audiobooks, I much prefer Stephen's portrayal of the Headmaster than either of the people who played him in the films.

  13. NYT? The irony... by blueforce · · Score: 4, Funny

    The NYT is available on the Kindle. I wonder how many people are using TTS to listen to his rant. I know funny, and that's funny.

    --
    If you do what you always did, you get what you always got.
  14. A whole new world! by iamangry · · Score: 1

    I for one am excited. Finally, an application for us illiterate people! And a new market for them...

    1. Re:A whole new world! by mcgrew · · Score: 1

      Finally, an application for us illiterate people!

      Eye no wait ewe our saying Ann eye agree!

  15. just like instant coffee by themib · · Score: 1

    We've secretly replaced their regular Office software with a special software that only reads characters from the source code out loud instead of running the real executable. Let's see if they can tell the difference!

    #include
    #include /rolls eyes

    --
    The Man in Black
  16. In the words of the Author's Guild President by MasterOfMagic · · Score: 0, Redundant

    "Fuck you if you're blind. Now bend over and take it."

    You'd think he would be happy about this as it increases the reach of written works to a group of people that couldn't previously use them - the illiterate. 80% of the world's population is literate, according to the UN, meaning they can write and read in one language. Therefore, 20% of the world's population, about 1,340,000,000 people, can't read.

    I thought the RIAA strategy of alienating customers through lawsuits was bad. Here's the president of a guild saying that 1.34 billion new potential customers aren't important to him.

    1. Re:In the words of the Author's Guild President by adonoman · · Score: 2, Insightful

      How many of those illiterate people do you think can afford a Kindle?

    2. Re:In the words of the Author's Guild President by Renegade88 · · Score: 1

      Bingo. My thoughts exactly.

    3. Re:In the words of the Author's Guild President by moranar · · Score: 1

      The superposition between the illiterate and those buying TTS devices seems to me a bit smaller than 100%. More like 0%.

      --
      "I think it would be a good idea!"
      Gandhi, about Internet Security
    4. Re:In the words of the Author's Guild President by Anonymous Coward · · Score: 0

      Doesn't matter. The Kindle isn't the only thing that does TTS. Heck, even the old Speak-n-Say did TTS (albeit pretty badly).

    5. Re:In the words of the Author's Guild President by Anonymous Coward · · Score: 0

      My grandfather is a small business owner, but never learned to read or write beyond his own name. He can afford it.

    6. Re:In the words of the Author's Guild President by Anonymous Coward · · Score: 0

      It's not like an illiterate person is going to buy a book-reader without TTS...

      As someone pointed out, the NYT is available on the Kindle, with TTS. To an illiterate person that could be incredibly handy, especially if they were trying not be be noticed.

  17. Ludite? by Anonymous Coward · · Score: 1, Informative

    Hate to break the news, but performances of copyright works are protected by copyright as derivative works, which would include spoken word, unless the author gives a license. He seems to have some grasp of that, are you saying you are more knowledgeable about the statute? If so, please correct him.

    1. Re:Ludite? by Chaos+Incarnate · · Score: 1

      The part that you're missing is that it's not a performance. (Well, if you went out and pumped the output over the PA of a stadium it would be. :p But not in most use conditions.)

      --
      Benford's Corollary to Clarke's Law: "Any technology distinguishable from magic is insufficiently advanced."
    2. Re:Ludite? by PitaBred · · Score: 1

      How is it a "performance"? A performance includes a person doing it. This is no different than using a magnifying glass to make text larger. It's a tool, it's not a "derivative work".

  18. Well, he is a humorist. by sabt-pestnu · · Score: 1

    Perhaps this is just one of his less funny dead-pan jokes?

  19. Great. What about Special Needs Kids? by Ralph+Spoilsport · · Score: 1, Interesting
    You see them all the time on the (short) bus. They like to read, but they always re aloud to themselves. I wonder if the author's guild is going to jail a bunch of those kids. That'll make some GREAT TV.

    HE WAS READING CAT IN THE HAT!!! ALOUD!!! OFF WITH HIS HEAD!!!

    Or afternoon reading sessions at libraries...

    Volunteer book reader: "OK Kids - today we're going to read one of my favourites... Ready? OK! It goes like this...

    One fish
    Two fish
    Red fish
    blue fish..."

    (BLAMMO!!!! - the door is blasted off its hinges)

    Stormtroopers barge in.

    "OK LADY!!!! FACE ON THE FLOOR!!! EVERYBODY DOWN AND SHUT UP!!! YOU'RE UNDER ARREST FOR VIOLATING COPYRIGHT WITH THE AUTHORS GUILD!!! TAKE HER AWAY BOYS!!!!"

    She is kept in a squatting position for days in a transport plane, shuttled between one hellhole outpost of the American empire to another. She is ordered to form a naked pyramid with the folks at EFF and Pirate Bay. Eventually she confesses and realises she truly loves Big Brother. By surrendering her autonomy to financial interests she doesn't care what she remembers...she's entertained...

    RS

    --
    Shoes for Industry. Shoes for the Dead.
  20. Where's the loss? by chill · · Score: 4, Insightful

    While the audio-book business may be a billion dollar industry, how many people buy BOTH the print and audio versions of a book? I'm guessing the answer is "not very many".

    When buying an e-book for the Kindle, the author and publishers both get their royalties. With what I am assuming to be a negligible amount of people purchasing BOTH, there really isn't a lot of lost royalty rights from non-e double-dipping. The people that might have a beef are the voice actors that are hired to read for audio books. THEY are in serious danger of being replaced by technology. Well, that's progress. Go commiserate with the slide-rule and buggy whip unions.

    Having an artificial voice read an e-book really doesn't cut into any publisher or author profits. Instead of revenues shifting solely from paper books to e-books, there is also some shift from audio books to e-books. But the sum total shifting is still the same.

    What it sounds like is the Author's Guild saw dollar signs in the potential to get paid twice for the same thing and doesn't like it that the rest of the world doesn't agree with them, hence the temper tantrum.

    --
    Learning HOW to think is more important than learning WHAT to think.
    1. Re:Where's the loss? by salemnic · · Score: 2, Informative

      I do. I've purchased about a dozen books in both electronic or dead tree and audio formats.

      I usually get the audio ones first, then buy the text-based one if I really enjoyed the audio book (for re-reading).

    2. Re:Where's the loss? by Hillgiant · · Score: 1

      I have many books in both audio and printed format. They are quite different and enjoyable.

      An aside, I believe that there is a corollary to Godwin's law. "Any conversation involving a new technology will eventually involve a comparison of existing technology to a buggy whip."

      --
      -
    3. Re:Where's the loss? by initialE · · Score: 1

      Once again, am I purchasing your book, the license to read your book, or some screwed-up non-right non-entity thing? Can I legally lend it to somebody? It's not just a music issue anymore is it?

      --
      Starbucks, Harbuckle of Breath.
  21. Best argument I've seen in favor of piracy by phantomfive · · Score: 1
    If this guy actually did represent authors, I would suddenly feel no desire to compensate authors. Some authors probably do feel that way, but l suppose paying for books is still the right thing to do. I don't mind paying for books, but of course the text to speech idea is silly. It is clear that in the next 20 years or so we will be getting some new copyright laws, as we transition from a society where the publisher is king to a society where we want to compensate people for what they've done. It's just a matter of time before it becomes settled what those laws look like. Some points of what we will probably want as a society:
    • To compensate fairly the creator of a work.
    • To compensate fairly the distributor and publicist of the work.
    • To preserve the right of the public to add on to, copy, and create new works based on the original.
    • To allow for the preservation and use of the work after the author has disappeared.

    I'm sure there are more things that need to be considered, but I think these will have to be dealt with, but it will take a while. Government is not generally too quick on change (by design, really).

    --
    Qxe4
    1. Re:Best argument I've seen in favor of piracy by BlueStrat · · Score: 1

      It is clear that in the next 20 years or so we will be getting some new copyright laws, as we transition from a society where the publisher is king to a society where we want to compensate people for what they've done.

      I'm sorry, but short of some kind of massive socio-political revolution I don't see anything like that coming to pass. The *people* may see the logic and desire these changes, but as it's been apparent for decades, government cares little what the people want and shows no signs of changing direction.

      Those in government only make empty promises and platitudes in order to be re-elected. They're real constituents aren't individual citizens, they are the special interests, PACs, and monied campaign contributors and organizers like George Soros.

      Unless these interests see some benefit to themselves and their agendas it will only get worse.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    2. Re:Best argument I've seen in favor of piracy by BlueStrat · · Score: 1

      They're real constituents...

      Gah! s/They're/Their

      Apologies to the spelling Nazis.

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    3. Re:Best argument I've seen in favor of piracy by phantomfive · · Score: 1

      I'm sorry, but short of some kind of massive socio-political revolution I don't see anything like that coming to pass.

      Then you lack vision. You don't understand power, or how to wield it. Could Bush have invaded Iraq without support from the majority of Americans? Possibly, but it would have been a lot more difficult. Consider social security, it was implemented not because Roosevelt wanted it, but because the people wanted it. There are hundreds of examples where politicians do things because of what the people want. There are many other examples of people being voted out because they didn't do what people wanted. Not every politician is Boss Tweed.

      Just because what you want isn't enacted by politicians, that doesn't mean they don't listen to the people. Your voice is only one out of 100 million or so. If you want to increase your power, you can either do it with money, or by convincing people to see things your way. If you get enough people to agree with you, it is more powerful than money. Votes are more powerful than money. If you can convince enough people to vote your way, then the politicians will have to follow your will (because someone else will replace them if they don't). This is what Bush did, even if he lied to do it. Once 80% of the public agreed with invading Iraq, few in congress dared oppose him. Was it because they were afraid of Bush? No. It's because they were afraid of the people.

      In cases where the public cares, the politicians must follow. In cases where the public doesn't care, the politicians are free to do what they want. This is where the lobbyists get to sneak stuff in, because the people don't care. Others, like Lawrence Lessig, do care enough to do something about it, and are trying to build public awareness to get rid of some of the corruption. Eventually they will prevail.

      Even in a brutal dictatorship, the dictator needs to keep at least 20%-30% of the people happy. The ruler can only rule at the consent of the ruled. That is true.

      Hope you learned something.

      --
      Qxe4
    4. Re:Best argument I've seen in favor of piracy by BlueStrat · · Score: 1

      In cases where the public cares, the politicians must follow. In cases where the public doesn't care, the politicians are free to do what they want.

      This is precisely what wedge issues and manufactured "crises" are about. The politicians distract & deceive from their true agendas & legislative actions to keep the people so dizzy that things like passing the Sony Bono Copyright Act aren't in the minds of voters when election time comes. Just like the current financial/housing/employment "crises". This is simply a re-asdjustment of a system thrown out of whack by the government interfering too much in forcing banks to make bad mortgage loans and not enough in oversight on Wall St.

      Left alone, things would sort themselves out within a year. These kinds of cycles have happened repeatedly in my 50-plus years. Now however it's being used as an excuse to rob future generations and enact major moves towards a cradle-to-grave nanny state. They scare and panic the public with talk of doom & crisis and rush through a bill that not even the lawmakers themselves had time to read, let alone the public, that would never survive open debate & scrutiny.

      They can get away with all these things because both political parties play the exact same games. They cover for each other, just as Obama & the Democrats refuse to investigate the former administrations' actions and Bush refused to investigate the Clinton administrations' actions. It's classic "Kronos & Kodos".

      It's all a rigged game and the people are only allowed to vote on that which they already know which direction the outcome will swing or that which has little actual meaning to those in powers' ability to grow their wealth. power, & influence.

      Hope you learned something.

      That was smarmy, arrogant, and uncalled for. Bugger off.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    5. Re:Best argument I've seen in favor of piracy by phantomfive · · Score: 1

      That was smarmy, arrogant, and uncalled for. Bugger off.

      No, it wasn't, although I can see how it could come across that way. I was being friendly, actually. I had just shared with you some of my best knowledge and wisdom, because I wanted you to see the world more clearly.

      Think about it. As far as I can tell, you are a competent and intelligent individual. Certainly many of the politicians in office are less competent than you (I can say that with confidence, even though I know little about you, sad though that is). If a certain issue bothered you enough, there is no reason you couldn't do something about it.

      Take copyright for example. Are you willing to go out and campaign in favor of more reasonable copyright? Are you willing to run for office and talk to your colleges about it? Are you even willing to donate a few dollars to the EFF to help them get the point across?

      Maybe you have tried some of these, but most people are not willing to do more than complain. On the other hand, some people, like authors, movie studios, recording studios, musicians, actually do care a lot about copyright. It was the authors who got copyright established in the first place. It is likely that most politicians have not actually heard about things like creative commons or the GPL, they don't know the power of building off an established work, and since no one is around to tell them, they believe what the studios and musicians tell them.

      There are some issues that really do get normal people out into the world, issues like abortion or gay marriage. People stood out on the streets in favor/against gay marriage, and they are even willing to kill over abortion. That is some serious commitment, and that is why people politicians pay attention to those issues.

      So, if you wanted to, you could make changes in the world. You could become powerful. But I'm guessing you are not power hungry enough to do it for the power alone (which is good, thankyou for that), and you don't care enough about those issues to go through the pain and misery necessary to do what it takes to change the world.

      --
      Qxe4
    6. Re:Best argument I've seen in favor of piracy by BlueStrat · · Score: 1

      No, it wasn't, although I can see how it could come across that way. I was being friendly, actually.

      Then you really, REALLY need to work on your people-skills.

      I had just shared with you some of my best knowledge and wisdom, because I wanted you to see the world more clearly.

      That's all fine and good, but there is more than one valid way to look at the world, and just because someone has a different opinion from yours doesn't mean they don't see the world just as clearly as you. It just means their experiences & knowledge lead them to different conclusions. Factual arguments and earnestly expressed & reasoned opinions will do far, far more to convince than condescension.

      Take copyright for example. Are you willing to go out and campaign in favor of more reasonable copyright? Are you willing to run for office and talk to your colleges about it? Are you even willing to donate a few dollars to the EFF to help them get the point across?

      I have campaigned for copyright reform. I contact my representatives regularly. I have and do donate to the EFF. I'm not in a position to be able to run for office and not likely to win an election if I did, because I'm not willing to compromise my principles & beliefs the necessary amount to succeed. I regularly talk to my colleagues about copyright and how it damages society in its' current form.

      Maybe you have tried some of these, but most people are not willing to do more than complain. On the other hand, some people, like authors, movie studios, recording studios, musicians, actually do care a lot about copyright.

      I *am* a musician & songwriter. I'm also intelligent enough to realize that recordings are merely a publicity tool in this age of the internet and digital copies, as well as realizing that copyright in its' current form actually hurts me as a musician and songwriter. I regularly encourage my fellow musicians & songwriters to be active and voice their displeasure to their elected officials and contribute to organizations like the EFF.

      It was the authors who got copyright established in the first place.

      This is incorrect. Copyright was established by the writers of the US Constitution under Article I, Section 8, Clause 8 of the US Constitution.

      To wit; "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

      It is likely that most politicians have not actually heard about things like creative commons or the GPL, they don't know the power of building off an established work, and since no one is around to tell them, they believe what the studios and musicians tell them.

      Here I mostly agree, although I'm of the opinion after talking with many politicians on the subject that they really don't have any interest in learning about these topics even when informed of their existence & importance and usually dismiss them unless and until they grow in importance in relation to their personal reelection chances and garnering of campaign contributions and support from the big players.

      The musicians themselves have little voice, as most "name" musicians have their interests tied with the studios and labels and are quite reluctant to bite the hand that feeds them. Other less well-known and unsigned musicians have little voice as they have little money to make themselves heard compared to the recording industry & other pro-copyright extension and expansion interests.

      There are some issues that really do get normal people out into the world, issues like abortion or gay marriage. People stood out on the streets in favor/against gay marriage, and they are even willing to kill over abortion. That is some serious commitment, and that is why people politicians pay attention to those issues.

      These are some of the "wedge issues" I referred to in my previous post. As long as the politicians can keep the electorate inflam

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    7. Re:Best argument I've seen in favor of piracy by phantomfive · · Score: 1

      Then you really, REALLY need to work on your people-skills.

      Thankyou, I will try.

      Factual arguments and earnestly expressed & reasoned opinions will do far, far more to convince than condescension.

      Yeah, but communicating on an emotional AND factual level can really help to get attention and drive a point home. I seem to have managed to communicate on the emotional level, although clearly I need to work on what I am saying. I did have facts and a logical point in my original post, however. It wasn't all accidental insult.

      Copyright was established by the writers of the US Constitution under Article I, Section 8, Clause 8 of the US Constitution.

      The concept of copyright existed before the constitution, check out the Statute of Anne. But that was beside my point, which was that authors care a lot about copyright, and we are already in agreement on that point.

      I do what I'm able to do while maintaining my personal integrity and carrying on with life.

      Exactly, and I feel the same way: while I know that there is a lot of corruption in the government, it is not to the point where it pains me enough to do something about it. I give a certain percentage of my income to the government, and as long as they don't bother me too much and keep doing the bare minimum (roads, fire department, police), it is not really worth the effort it would take me to get rid of the corruption, although I support any steps in that direction.

      On the other hand, if it were an important issue, a single motivated person could make a difference. I could make a difference. You could too. It is mainly a matter of presenting your vision of how things could be, and presenting it clearly enough that the rest of the country can see it and agree with it. At that point, politicians will be obligated to act, because otherwise they would look foolish, and because it is obvious what they should do, and because in that case everyone will be watching them.

      --
      Qxe4
  22. Seems reasonable. by elistan · · Score: 1

    AFAIK, an audiobook is a derivative work of a normal print book, just like a screenplay and a movie are derivative works. And is therefore protected by copyright law. Just because I own a paper copy of a book does not mean that I can walk out of a bookstore with a free version of the audio book, or go see the movie for free. The fact that it's produced by a computer algorithm rather than a person reading out loud doesn't really have any bearing on the issue.

    1. Re:Seems reasonable. by UnknowingFool · · Score: 2, Informative

      Copyright law, Chapter 6, Section 121 expressly allows for alternative versions to exist specifically for persons with disabilities. Also in the case of an audio book, you are paying for both the copy of the work and the voice actor's performance. In the case of the Kindle 2, the customer has already paid for the book.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    2. Re:Seems reasonable. by Anonymous Coward · · Score: 0

      Can I ROT13 the book? Why not? Is it a 'derivative work' then? Just because you own a paper copy of the book doesn't give you the right to steal derivative works. That'd be silly. But it does give you the right to do whatever you damn well please with your copy of the book, including ROT13ing it, burning it (in a fire), burning it (to a cd), or *gasp* running it through TTS. As long as you don't try to sell the derivative work (Kindle is not, they're selling TTS), and as long as it's not a public performance (which I'm not convinced is illegal anyway, since the reading IS a derivative work under its own copyrights, but that's a separate issue), then I don't see the problem.

    3. Re:Seems reasonable. by LWATCDR · · Score: 1

      So are violating the copyright if you read the book to your child?
      This is just stupid. You are not pirating the audio book! You are not getting the audio book for free! Your freaking running test through a voice synth.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    4. Re:Seems reasonable. by windsleeper · · Score: 1

      AFAIK, an audiobook is a derivative work of a normal print book, just like a screenplay and a movie are derivative works. And is therefore protected by copyright law. Just because I own a paper copy of a book does not mean that I can walk out of a bookstore with a free version of the audio book, or go see the movie for free. The fact that it's produced by a computer algorithm rather than a person reading out loud doesn't really have any bearing on the issue.

      Except that the act of the computer speaking the words doesn't create an audio book. The ebook is unchanged - it is still in the same format and if transmitted to another person, still has no auditory information embedded in it. It is the Kindle that has the ability to take text (which is all that is in the ebook) and convert it to understandable speech. An audio book IS speech - this is text (the ebook). This is not an audio book, nor the creation of one. It is an ephemeral act akin to reading a book alound to oneself.

    5. Re:Seems reasonable. by Anonymous Coward · · Score: 0

      An audio book is a tangible item.
      It is read by a professional reader.
      If the TTS is not being recorded for distribution, or played for a paying audience, there is no "derivative work" or "public performance".
      If the industry wishes to align the fee structure so that an e-book is treated the same as an audio book, that would be reasonable.
      It is not "reasonable" to expect to be paid royalties for both.

    6. Re:Seems reasonable. by cparker15 · · Score: 1

      Just because I own a paper copy of a book does not mean that I can walk out of a bookstore with a free version of the audio book, or go see the movie for free.

      You're absolutely right. In the first scenario, you'd be stealing physical property. In the second, you'd be evading admission charges on private property.

      But how does this relate to private TTS services? (This includes both a computer program and a person reading aloud to herself/himself.)

      --
      Have you driven a fnord... lately?

      You must wait a little bit before using this resource; please try again later.

  23. Pay for performance by Anonymous Coward · · Score: 1, Insightful

    If I buy an audio book, I'm paying for the literary work and the performance of the voice actor. Since no voice actor is involved with Kindle TTS, I see no reason to pay extra.

  24. what it always boils down to: greed by v1 · · Score: 4, Insightful

    They just want to sell it to you on dead tree, then sell you the bits, then sell you the cassette, (excuse me, DRM-laden WMA files) all of the same work, and charge you each time for it, that's all. What's so wrong with that?

    --
    I work for the Department of Redundancy Department.
    1. Re:what it always boils down to: greed by Anonymous Coward · · Score: 0

      Calling someone else greedy is as productive as them calling you cheap. You saying that it boils down to greed is equivalent to them saying that it boils down to you being cheap, which really is not much of an argument.

  25. Put this in your Kindle and smoke it by Anonymous Coward · · Score: 3, Funny

    FUCK OFF!

    <after basic filter>
    {beeep} OFF!

    <after christian fundamentalist filter>
    you poor misunderstood darling.

    <after DRM filter>
    go get em tiger - filthy pirates oughta be hung...

    <after *AA filter>
    let's do lunch.

    <after /. filter>
    first post!

    1. Re:Put this in your Kindle and smoke it by StikyPad · · Score: 3, Funny

      <after christian fundamentalist filter>
      you poor misunderstood darling.

      You spelled "bless your heart" wrong.

    2. Re:Put this in your Kindle and smoke it by Joe+the+Lesser · · Score: 1

      They're all just so *nice!*

      --
      "I only speak the truth"
      Karma: null(Mostly affected by an unassigned variable)
  26. yeah, but... by dfm3 · · Score: 1

    I for one actually agree that you should not be able to buy one and get the other for free - they are fundamentally different.

    When you buy an audio book on CD, you're paying for (among other things) the cost of production... hiring somebody to read the book, a sound studio to do the recording, the cost of mastering and pressing a set of CDs. That's how the higher price can be justified.

    What the Kindle software does is essentially make the production cost of the audio zero (well, there's the cost of the software, but I'm simplifying things here).

    What's to stop me as an individual from reading a book aloud and recording it for private use? Nothing. Selling such a recording, now that's another matter.

  27. Wait, wait..don't tell me! by Anonymous Coward · · Score: 0

    Is he just pulling our collective leg with this article? He's been known to have a somewhat subversive sense of humor and is frequently on the NPR comedy show "Wait, wait..."

  28. Voice Talent by gznork26 · · Score: 2, Insightful

    It seems to me that equating the output of a text-to-speech process to the product of a human reading the text as an audiobook debases the value of the people who provide the voices of so many audiobooks. Now, granted, at least some of the people who read for audiobooks are volunteers helping our libraries, but there are also audiobooks that are read by professional talent. Consequently, this claim equates professional actors, or professional voice actors, with a bit of technology. Shouldn't the actors' union get involved in this fight?

    P. Orin Zack

    - - -
    I write pointed political and business short stories at http://klurgsheld.wordpress.com/

    1. Re:Voice Talent by ivan256 · · Score: 1

      Have you ever heard him speak? He sounds like a computerized voice, albeit with a southern twang.

      The guy's a blow-hard. I once heard his self-righteous rant about how he saw the light and left his conservative roots in the south to go be a proper liberal in Northampton MA. Even people who agreed with his positions thought he came off like a prick.

      Sadly, the Author's Guild recently had a massive cash infusion from a legal settlement with Google, so he can start to pull shit like this and be a copyright bully. Wonderful.

  29. I don't understand his points by UnknowingFool · · Score: 4, Insightful

    On the National Federation of the Blind's Web site, the guild is accused of arguing that it is illegal for blind people to use âoereaders, either human or machine, to access books that are not available in alternative formats like Braille or audio." . . . In fact, publishers, authors and American copyright laws have long provided for free audio availability to the blind and the guild is all for technologies that expand that availability. (The federation, though, points out that blind readers can't independently use the Kindle 2's visual, on-screen controls.) But that doesn't mean Amazon should be able, without copyright-holders' participation, to pass that service on to everyone.

    So his counterpoint to the argument that copyright laws allows the Kindle text-to-speech feature is that blind people can't use the Kindle? It didn't seem that he remotely addressed their point. For though blind people can't independently operate a Kindle, doesn't mean that they can't operate it all. i.e. "Sonny can you load up A Tale of Two Cities and play it for me". Also for those people who are not blind but visually impaired(dsylexic, far-sighted, glaucoma, etc. ), they may be able to operate the Kindle 2. I am not a copyright lawyer but aren't there organizations whose sole purpose is to record books on audiotape royalty-free for blind and visually impaired persons. I don't see how this feature is any different.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
    1. Re:I don't understand his points by JustinOpinion · · Score: 1

      So his counterpoint to the argument that copyright laws allows the Kindle text-to-speech feature is that blind people can't use the Kindle?

      I think his point is that blind persons can only use the Kindle in text-to-speech mode. In other words, its okay for a blind person to use the audio mode, or for a non-blind person to use the text mode, but it is unacceptable for a single person to use both modes, since you would be getting something for nothing. He's horrified at the thought of new technology increase the value of a product without that creating a commensurate increase in revenue. In other words, the implication is that people should have to pay for everything.

      The argument is BS on so many levels. As you note, there's a spectrum of users with various disabilities. Some may be able to read the text but nevertheless find it less strenuous to listen to the text. Where do you draw the line?

      Beyond the fact that there is nothing illegal about using text-to-speech (transformation for personal use is not prohibited by copyright law), there is nothing immoral about it. If I buy a truck and then add a trailer hitch to it, I've increase the value/utility of the truck for myself. Does this mean that I owe the truck manufacturer more money? (Maybe the Authors Guild would argue that it's okay for me to use the truck for human transport, and it's okay for a company to use the truck to haul equipment... but anyone who uses it for both is nasty and owes someone money.)

  30. Meet the rant by drerwk · · Score: 1
    Indeed they have already met:

    In fact, publishers, authors and American copyright laws have long provided for free audio availability to the blind and the guild is all for technologies that expand that availability.

    1. Re:Meet the rant by HTH+NE1 · · Score: 1

      So what, do they want proof of blindness before the speaker is activated? It's futile. There is no user test for blindness that can't be passed by a sighted person with their eyes closed (no pun intended). Even if it had the hardware, there's nothing to prevent a sighted person from learning braille, and even if blind people had electronically readable disability identification cards, it can't prevent a blind person from using it in the presence of sighted people or a microphone.

      This is like the movie industry rejecting an invention of a non-rewindable-by-user VHS tape for rental stores because it could not track how many people sat in front of the screen in that one viewing and charge accordingly.

      You can however create a device that converts sighted people into blind people (lasers), thereby authorizing them to hear their books. They could test market this DRM on Day of the Triffids (Kindle Edition).

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
  31. public v private by bugs2squash · · Score: 4, Interesting

    I don't get why I cant use the content I have purchased for personal use in any way I want to so long as I use it personally or among my small group of friends, just as I might read a book to my son at bed time (or is that illegal now ?).
    I get that there should be an extra payment (and have made such license payments) if I want to display a DVD publicly, because a bunch of other people might not buy the movie if they can just go see it projected by me.
    I have yet to see why Kindle reading a book takes bread from the mouths of authors and I don't see why celebrity audio-book readers should feel that they have any god-given monopoly on reading books aloud.

    --
    Nullius in verba
    1. Re:public v private by Fahrvergnuugen · · Score: 1

      It's called Fair Use.

      --
      Kiteboarding Gear Mention slashdot and get 10% off!
    2. Re:public v private by jonaskoelker · · Score: 1

      I don't see why celebrity audio-book readers should feel that they have any god-given monopoly on reading books aloud.

      It's obvious: they can make more money that way. That's why. Have you forgotten what the goal of copyright is?

      (Sorry if I broke your irony-meter; you can by my Unbreakable(TM)(R)(patented technology) irony-meter for the mere sum of $400.)

    3. Re:public v private by JD-1027 · · Score: 1

      I don't get why I cant use the content I have purchased for personal use in any way I want to

      Because you are stealing money from people that rightfully deserve it. Now go buy your buggy whip this year, as the law dictates.

  32. Pay up please... by arbies · · Score: 1

    If you read my Slashdot entry out loud, please remit $0.50 to my Paypal account. Thank you.

    1. Re:Pay up please... by snspdaarf · · Score: 1

      Read?? I have a GBIC just behind my right ear. I just download everything from the server.

      Sorry if my voice is a little funny, I must have picked up your cold virus too.

      --
      Why, without your clothes, you're naked, Miss Dudley!
    2. Re:Pay up please... by Anonymous Coward · · Score: 0

      I don't think I can grunt and fling feces well enough to give your Slashdot postings a proper rendition.

  33. Nah, he exempts assistive devices specifically by krog · · Score: 3, Insightful

    It's us sighted people who are expected to bend over the barrel.

    I hope he's comfortable with the fact that he just lost the goodwill of a few hundred thousand geeks (who are among the heaviest readers). Good luck with that, champ.

    1. Re:Nah, he exempts assistive devices specifically by Xebikr · · Score: 1

      (who are among the heaviest readers)

      You're looking at my gut, aren't you!? Hey! I'm working on it, ok?!

  34. Re:greed v. community spririt? by timeOday · · Score: 1
    I'll bet the bigger market is people driving their cars. I know I'd use it for that. (Or just lying on the beach, when holding up a book - or even my head - is just too much work :)

    Sure, a human-read book will be better, but as you say, that's often not available.

  35. No - Not at all by capt.Hij · · Score: 4, Insightful

    I know it is not fashionable to read the article or look at this from a different perspective, but Mr. Blount explicitly brought this issue up in the article. He said that providing such services to sight impaired people is something they have done for a long time and have no desire to end.

    He is also not saying that this is a copyright violation. What he explicitly said is that the kindle creates extra value for the work. In return the people who created the material should share in that extra value.

    It is fine to disagree with this statement. I personally think that market forces should determine the worth of the product. If you want to argue, though, you should argue against the points that he brought up instead of changing the subject and using a "straw man" argument.

    1. Re:No - Not at all by NormalVisual · · Score: 5, Insightful

      What he explicitly said is that the kindle creates extra value for the work. In return the people who created the material should share in that extra value.

      Why? They played no part and incurred no expense in creating that extra value, and unless the Kindle's speech is being recorded, there's no derivative work being fixed in a tangible medium, which was my understanding of what was required for a copyright claim. I suppose they could stretch and try to call it a "performance", but these guys really need to get a grasp on how greedy it's making the entire content creation industry look to everyone not involved in it.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    2. Re:No - Not at all by DarKnyht · · Score: 1

      If you listen to half the audio books out there "performance" is a stretch for what you get on a $60 audio book.

      Personally I think the TTS might be able to provide less of a monotone performance than some of the readers they hire.

      --
      Voting them all out of office, now that's change I can believe in.
    3. Re:No - Not at all by Sen.NullProcPntr · · Score: 1

      What he explicitly said is that the kindle creates extra value for the work. In return the people who created the material should share in that extra value.

      Why should they share in the extra value? They had nothing to do with adding the value.

      The fact that the Kindle has TTS makes it more popular. Isn't it enough that the more popular the Kindle is the more e-books will be sold over all?
      The Guild should be doing everything they can to support their future medium.

    4. Re:No - Not at all by Attila+Dimedici · · Score: 1

      So, he is saying that the Kindle (a product developed and marketed by Amazon) makes an author's product more valuable, so Amazon should pay the author more money. The author didn't make his book more valuable, Amazon did. Why should the author get a cut of that added value?

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    5. Re:No - Not at all by dgatwood · · Score: 1

      What he explicitly said is that the kindle creates extra value for the work. In return the people who created the material should share in that extra value.

      Ah, but they do share in that extra value. You see, those people who have a hard time seeing would not have bought the text version of the book because they could not have read it. Therefore, either way, the vast, vast majority of people would be buying either the audio book or the printed book, not both. Therefore, a device that reads the text merely reduces the overhead for the book manufacturer by reducing the necessity of having two separate versions for these almost completely disjoint audiences. If anything, the publishers benefit from this sort of arrangement, were it sufficiently ubiquitous.

      And lest you criticize this argument by saying that some people would buy the audio book for "reading" parts of the book in the car, then picking up where they left off in print, for everyone person who does this, far more than one person merely doesn't read the book while in the car. Those people now have the opportunity to do so at no cost, and many of them will. As a result, they will finish the book sooner, and will---yup, you guessed it---buy another book. Over a lifetime, this equates to many, many additional books that those people would not have had time to read otherwise. The result is a net increase in total sales, thus completely nullifying that argument, too.

      The whole greedy "you should pay me for everything" mentality almost never works in favor of content creators, nor indeed even in favor of content publishers/distributors. When content creators and distributors act this way, everybody loses, not just the consumers who are harmed by having to pay twice for a single copy of the content. The usual consumer reaction would be "You mean I have to pay an extra fee to have this content read to me? Heck, no, I won't do that." And that would be the end of the Kindle.

      Not to mention that what they want is basically impossible. Computers already have screen readers, and if you explicitly go out of your way to block screen readers, you're likely to get sued on ADA compliance grounds. In effect, they're asking eBook reader software vendors to put their backsides on the line and risk a lawsuit without giving them any support to back them up. When eBook software vendors start dropping like flies, that would be the beginning of the end for commercial eBooks in general.

      Faced with a downturn in print readership, snubbing new markets is not a particularly bright idea. Thus, I tend to agree with the comment in the summary---the author's guild needs someone in charge who has a better grasp of new media and how best to make money off their content through those means rather than somebody who barely understands it and is blindly grasping at straws trying to find ways to grab a bigger piece of the new media pie. If this guy remains in charge, this story can't possibly have a happy ending.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    6. Re:No - Not at all by bluefoxlucid · · Score: 1

      The 1984 New Classic Edition audiobook is actually pretty good for $20, besides that the actual media is green CD and skips/stutters a lot. The reader changes his voice to match the characters, including tone, timbre, accent, the works; the individual characters are portrayed different from each other, but consistently across the entire reading.

    7. Re:No - Not at all by langelgjm · · Score: 1

      He is also not saying that this is a copyright violation. What he explicitly said is that the kindle creates extra value for the work. In return the people who created the material should share in that extra value.

      Actually, I think that's exactly what he's saying. From the op-ed:

      Audio rights are not generally packaged with e-book rights. They are more valuable than e-book rights. Income from audio books helps not inconsiderably to keep authors, and publishers, afloat.

      Since the e-book license (to Amazon) doesn't include audio rights, if this ever went to court, I would think it would be a matter of copyright infringement - Amazon doesn't have audio rights, just as they don't have movie rights, and would be in violation of copyright if they produced a movie based on the e-book.

      That said, the obvious solution is just to try and charge Amazon (or anyone else) more for the e-book license when it can be used on a device with TTS. If it's really that valuable, Amazon and their customers will pay. No need to even involve copyright law.

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    8. Re:No - Not at all by PitaBred · · Score: 1

      Wait... so the kindle is what's creating the value, but the author wants a piece of it? Shit, you did work yesterday. Give me a dollar.

    9. Re:No - Not at all by bluefoxlucid · · Score: 1

      Technophobes would rather shoot themselves in the foot first than examine the technology and far-reaching impacts.

    10. Re:No - Not at all by DarKnyht · · Score: 1

      Yeah, there are a lot of good ones but there are certainly some stinkers out there. I once picked up a copy of "War & Peace" and had to turn it off because it was putting me to sleep.

      But then it might have just been the book, there is only so much one can do with the material.

      --
      Voting them all out of office, now that's change I can believe in.
    11. Re:No - Not at all by SoundGuyNoise · · Score: 1

      If I use a heavy book both as reading material and as a doorstop, do I have to pay extra, since I now have found "extra value" in using that book?

      --
      You never expect irony, do you?
      Want to be a professional wrestler? Visit www.iyfwrestling.com
      @iyfwrestling
    12. Re:No - Not at all by Nefarious+Wheel · · Score: 1

      He is also not saying that this is a copyright violation. What he explicitly said is that the kindle creates extra value for the work. In return the people who created the material should share in that extra value.

      Interesting, if a bit hair splitting.

      Then here's a question for the class -- if TTS is considered a derivative work, and it's entirely the product of a machine, is the claim based on the principle that machines can create infringing artistic works by themselves with effectively no human input? Is copyright extended only to humans, or are we implicitly granting this capability to a nonsentient entity? To the best of my knowledge, only humans (or corporate entities that represent groups of humans) can be subject to civil penalties.

      --
      Do not mock my vision of impractical footwear
    13. Re:No - Not at all by Chosen+Reject · · Score: 1

      What he explicitly said is that the kindle creates extra value for the work. In return the people who created the material should share in that extra value.

      I am going to disagree with this statement. To be clear, it sounds like I don't disagree with you, just with Mr. Blount. The author created the book, they got paid for it when somebody bought it. If a third party comes along and gives that book more value doesn't mean the author should get paid more. As an example, movie studios didn't (and rightfully shouldn't have) gotten paid more when VCRs were made with 4 or even 6 heads, better tracking, etc.

      --
      Stop Global Warming!
      Just say no to irreversible processes!
    14. Re:No - Not at all by Anonymous Coward · · Score: 0

      "He is also not saying that this is a copyright violation. What he explicitly said is that the kindle creates extra value for the work. In return the people who created the material should share in that extra value."

      It's a nice ideal. Quite nice. But there's nothing in copyright law that requires this, and most sane people would argue that when people buy a written work they can do whatever they want with it in order to be able to read it, short of copy it and distribute it. Is he really saying that when the work is imprinted on the page or digitally onto a screen, that it is only a "visual license" in exactly that form? Give me a break. HUMANS can read those words aloud, transforming them into sounds, so what is so different about a machine doing it?

      I'm sure that Mr. Blount doesn't write his printed works with the expectation that people might also put them to use as toilet paper instead of reading, but it remains a possibility that is entirely within the scope of the doctrine of first sale and copyright law.

      Do I need a special license in order to use a magnifying lens to read the words? That transforms the original work too. As long as there's nothing "fixed in a tangible medium" when it gets transformed into sound, who cares? It vanishes into the air, just like the light reflecting off the page. It is different if we're talking about a performance in front of an audience (because they didn't buy the work and the performers may be making money from the performance), but we're not.

      He's loopy. And I don't care if it will supposedly kill off the audio book market. If talented humans can't perform as well as a machine, then A) that's pretty pathetic, and B) the audiobook market deserves to die out. In reality, I doubt it will, but it might diminish.

    15. Re:No - Not at all by EtherMonkey · · Score: 1

      What he explicitly said is that the kindle creates extra value for the work. In return the people who created the material should share in that extra value.

      That's like saying that I've built a wall and you've made it nicer by painting it blue, so the homeowner should pay me more for your efforts.

      --
      --- A man with a briefcase can steal more money, than any man with a gun. [Don Henley]
    16. Re:No - Not at all by toriver · · Score: 1

      ... with a bow and arrow, no less, not these new-fangled guns...

    17. Re:No - Not at all by mdmkolbe · · Score: 1

      It's not much of a streach to call it a performance but as long as the performance is private, copyright doesn't restrict it.

    18. Re:No - Not at all by DMUTPeregrine · · Score: 1

      The kindle creates extra value for the work, not the people who created the work. Thus, the makers of the kindle should be the ones profiting from the extra value they are creating. And look, they are!

      --
      Not a sentence!
    19. Re:No - Not at all by langelgjm · · Score: 1

      Then here's a question for the class -- if TTS is considered a derivative work,

      I can't see how TTS could be considered a derivative work. The copyrights on derivative works are owned by the original copyright holder. TTS doesn't transform the original work in a way that's fixed in a tangible medium of expression. On the other hand, if you recorded the output of your TTS device reading a copyrighted work, then you'd have a derivative work.

      and it's entirely the product of a machine, is the claim based on the principle that machines can create infringing artistic works by themselves with effectively no human input? Is copyright extended only to humans, or are we implicitly granting this capability to a nonsentient entity?

      Whoa, slow down there. People can use mechanical/technological aids to create derivative works, but it's still a person who does it. If Amazon recorded the output of the TTS, then Amazon would be creating it. If I recorded it, I'd be creating the derivative work. No need to get all metaphysical on us :-)

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    20. Re:No - Not at all by innocent_white_lamb · · Score: 1

      Good readers are rare, and amazing to listen to.

      A friend of mine is a radio announcer, and has been doing it all his life. He has the most amazing speaking voice that I've ever had the pleasure of listening to.

      He really "performs" material, varying his voice in ways that almost make him sound like several different people. And he has a knack for making the most mundane stuff sound downright exciting when he reads it.

      I have noticed that when he's talking on the phone he uses his "radio voice". When you're talking to him directly, he's somewhat less animated though his diction is still exceptionally clear. You never have to ask him to repeat what he just said, ever.

      --
      If you're a zombie and you know it, bite your friend!
  36. The Blind have rights by EEPROMS · · Score: 1

    If Amazons spin doctors were on the ball they could say that the writers guild are trying to deny the visually impaired the ability to purchase books and read/listen to them just like everyone else who has fully functional sight.

    1. Re:The Blind have rights by EEPROMS · · Score: 1

      sorry I meant Authors guild..

  37. Luddite 100% by Yath · · Score: 1

    I was going to be irritated by the one-sidedness of the summary, but after reading the article, it's apparent that the submitter is spot on. Blount's rant is one of the most ignorant tirades I've ever read, and the "Luddite" title fits him like a glove. He wants job protection for no other reason than some jobs are threatened:

    - There is no copyright violation
    - There is no patent violation
    - There is no contractual violation
    - There is no theft

    There is basically no violation of the law or any ethical guideline.

    To enact his suggestion would prevent a large number of people from benefiting from this technology. He would make readers into leeches at the expense of the public. He is an embarrassment.

    --
    I always mod up spelling trolls.
  38. Robotic Overlord by AlHunt · · Score: 1

    Perhaps he could log in here and have Slashdot's "Robotic Overlord" read the comments to him. Except for this one. This one is only licensed for organo-retinal scanning. Also you must delete the memory engram in which it's stored if you don't agree to the license terms.

    --
    1 in 4 Maine children in struggle with hunger.
  39. "... haling them into court" by macraig · · Score: 1

    Next to last paragraph of his rant:

    The guild is also accused of wanting to profiteer off family bedtime rituals. A lawyer at the Electronic Frontier Foundation sarcastically warned that "parents everywhere should be on the lookout for legal papers haling them into court for reading to their kids."

    Apparently Mr. Blunt is indeed a greedy bastard: he's too cheap to hire a decent proofreader and incapable of doing the job himself. Not only that, he butchered someone else's words, not his own, in the process. Since it was an EFF LAWYER whose words he butchered, I guess he can expect a response any day now. :-)

    1. Re:"... haling them into court" by Anonymous Coward · · Score: 0

      Verb 1. hale - to cause to do through pressure or necessity, by physical, moral or intellectual means :"She forced him to take a job in the city"; "He squeezed her for information"

    2. Re:"... haling them into court" by macraig · · Score: 1

      Occam's Razor applies here: "HAULING them into court" is the more likely intended phrasing.

    3. Re:"... haling them into court" by HTH+NE1 · · Score: 1

      That's not the worst example I've seen failing to conjugate "haul". Torchwood episode 2x04 "Meat" had closed-captioned "haulage" as "hollidge". The same captioner also did not recognize the word "abattoir", spelling it "apatow" (IIRC, possibly "apataw").

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    4. Re:"... haling them into court" by isaac · · Score: 1

      "Haling" is a perfectly good word. It means to compel to go. Hauling can be a synonym in the same context - they both derive from the Anglo-French 'haler' = to pull.

      Anecdotally, I believe most lawyers would use "haled into court" rather than "hauled into court," the former being more mannered.

      -Isaac

      --
      I am not a lawyer, and this is not legal advice. For Entertainment Purposes Only.
  40. Warped logic by Roger+W+Moore · · Score: 1

    According to the Authors Guild logic, using a magnifying glass with a normal print book should be illegal, because then one gets large typeface for free?

    No, their logic seems to be even more warped than this. If you used your own magnifying glass then it is fine, no problem. But if you sell a book with a bundled magnifying glass and advertize it as a cheap large print book then they would not be happy.

  41. Those organizations are exempted from copyright by Peter+Simpson · · Score: 1

    As they are providing a service for the disabled. Postage is free, too.

    "Under U.S. copyright law, NLS is authorized to reproduce and distribute talking books without copyright infringement as long as they are produced in a specialized format exclusively for use by blind or other persons with disabilities."

  42. Any statement from the association for the blind? by olddotter · · Score: 1

    Disclaimer: I'm not trying to make fun of the blind.

    Every time I hear this argument I wonder if the next step is to take on text-to-speech in Windows and OS X that is there primarily as an accessibility feature for the "visually impaired."

  43. In what sense is this a "performance"? by jeffb+(2.718) · · Score: 3, Insightful

    It's a rendering. Good God, are they going to try to charge if we choose to re-render it in a different font size? Are they missing out on millions in revenue by not charging for iTunes music visualizations, which are clearly "performances" of music in a different modality, and surely at least as deserving of copyright protection?

    1. Re:In what sense is this a "performance"? by Anonymous Coward · · Score: 0

      good God man don't give them ideas!

  44. Re:NYT? The irony... by lbft · · Score: 1

    The truth? Probably not many. Text to speech technology still has quite a way to go before it sounds human enough to not be jarring.

    As for books, I'm not sure TTS will be able to express the emotion of a good book in my lifetime. If audiobooks were just about reading the text aloud then nobody except the blind would bother - and the preponderance audiobooks in real bookstores and even on torrent sites suggests to me that far more people than the blind are listening to books.

  45. Re: Advocacy organizations = trolls by dstarfire · · Score: 1

    In other words, it's just offline trolling.

    Since the first child was born, people have been saying and doing stupid sh*t solely for the attention they get. This is just more of the same.

    --
    Sending spam is legal, ethical, and basically a good thing ... if you're Hormel(tm).
  46. Hmmmm... now where is that..... by 3seas · · Score: 1

    slashdot text to speech options... as I really think it appropriate to only read the article using TTS....

    1. Re:Hmmmm... now where is that..... by HTH+NE1 · · Score: 1

      Slashdot stories can be listened to in audio form via an RSS feed, as read by our own robotic overlord.

      Here is the link to this particular story as it was when I just checked it. I don't know how stable that link is.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
  47. More Accessible to the Visually Impaired by Anonymous Coward · · Score: 1, Insightful

    First, I don't think that this technology is going to be any substitute to audio books. Comparing a good audio book to a text to speech reader are apples and oranges. Second, and more importantly, this seems like an excellent way to expand the number of titles available to visually impaired. Not all books are available in braille or as audio books, but all books distributed through the Kindle can be enjoyed by the visually impaired. Tell me again why this is a bad thing?

    Maybe I don't use books the same as others, but I don't see myself buying more than one version of the same book. I'm either going to buy the printed version, the audio book, or the electronic version. I don't see how this cannibalizes any book sales.

    Finally, didn't Target settle a lawsuit dealing with the accessibility of its website because it did not work well with text-to-speech? It seems as if this a a reasonable accommodation to the visually disabled. I wouldn't want to argue that, even though websites could violated the ADA by not working well with text-to-speech software, books stored in electronic form should somehow be unusable to the visually impaired because there might be a recording, now or in the future. What a bunch of baloney.

  48. That shows quite a bit of ignorance by _Shad0w_ · · Score: 1

    I think they need to get the Writers' Guild head and the head of an Actors' Guild to have a discussion on how he thinks TTS could possibly replace the nuanced delivery of a skilled narrator.

    I'm only picking actors because, ime, the best audio books are read by actors. Of course when they author is also an actor, it's nice, e.g. Stephen Fry. I love his audio books.

    --

    Yeah, I had a sig once; I got bored of it.

  49. Comment removed by account_deleted · · Score: 2, Insightful

    Comment removed based on user account deletion

  50. Authors or Book Sellers: Which do you like more? by sweatyboatman · · Score: 5, Insightful

    Yes, you do not understand his point. Let me help you.

    His point is that Amazon.com would like to set this up as "Big Mean Author's Guild vs. Helpless Blind People". When it's really the far more neutral "The Authors Guild vs. Amazon.com".

    Now, a kindle owner pays ~$10 to Amazon.com for an e-book, and some of that goes to the copyright holders (e.g. the authors). The Authors Guild's members get far more money for audio books than for e-books. And the distinction between an audio-book and an e-book is blurred by the TTS feature of the Kindle2. (Right now it sounds like a computer, but in five years, TTS may advance enough to make audio books a thing of the past.)

    What's the difference to you, the Kindle owner?
    Probably nothing. Amazon's price-point probably wont change much either way.

    What's the difference to the authors and amazon?
    Well if Amazon gets its way, it can make more money off of each e-book sale. If the author's get their way, they can make more money off each e-book sale.

    So the question is: Which do you like more? The people that write the books or the people that sell you the books?

    --
    It breaks my pluginses, my precious!
  51. Yes, and the guild president has a point by Anonymous Coward · · Score: 0

    I'll tell you what. Our blind boys have taken up pirating ebooks! One of the worst and coolest of crimes.

  52. Pie tastes better unsullied. by Spacepup · · Score: 2, Insightful

    Everybody wants their slice of the pie. They all poke their finger in to get "their fair share". What they fail to realize is that no one wants a slice of pie that has lots of finger holes. People will just find another pie that looks and tastes good.

    For the metaphorically challenged...
    They are ruining their medium by demanding we pay for something that is common sense. Their stories aren't great enough for people to want to pay twice for them (once for the text version, once for the text to speach license).

    Being unreasonable with your customers used to mean you went out of business. Perhaps someone should remind this guy there is a recession going on and people are more likely to take their dollars elsewhere.

    1. Re:Pie tastes better unsullied. by htiefshorty · · Score: 1

      In your metaphor, I would say the author is the baker.

    2. Re:Pie tastes better unsullied. by Sj0 · · Score: 1

      The baker is inconsequential next to the person who owns the bakery. The baker couldn't make a living if he didn't have access to the bakery.

      --
      It's been a long time.
  53. On the contrary, this isn't a book by Overzeetop · · Score: 1

    Ah, but this is _not_ an audiobook. It is a e-book, which is neither book nor audiobook. The intent of an e-book is that the data is embedded in a file which is then rendered on an electronic device in a format which can be sensed by the purchaser of the e-book.

    Here's a question: If you bought the e-book, and your reader only had TTS but no screen, would there be a problem? What about a braille version? A color version? Now, what if you combined a B&W reader with a braille stripe on the bottom of the reader.

    If the e-book is only in digital form, than ANY rendering is a "derivative" work. Note that fair use is significant here. From wikipedia, the Galoob v Nintendo ruling of the 9th circuit stated: "a party who distributes a copyrighted work cannot dictate how that work is to be enjoyed". In other words, the end user can do (nearly) whatever her or she damned well pleases once purchased. To say that you can't have a book read to you - either by a friend, a relative, or your personal reading device, is simply absurd.

    --
    Is it just my observation, or are there way too many stupid people in the world?
  54. Has he ever LISTENED to an audio book? by swillden · · Score: 1

    I like audio books. Not because I don't like to read -- in fact if my time is limited, I'd rather read because I read far, far faster -- but because a well-read book is a pleasure. Well-done audio books are read by people who are excellent voice actors, able to emulate wide ranges of voices and to interpret fine nuances of emotion. The best readers can tell you volumes about the characters' lives and personalities just by the voices they choose.

    In contrast, computerized text-to-speech algorithms do well to pronounce all of the words correctly. The lamest human readers are far more interesting to listen to.

    The Kindle's text-to-speech feature is a useful tool, particularly for the sight-impaired, but it's hardly competition for audio books.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    1. Re:Has he ever LISTENED to an audio book? by rts008 · · Score: 1

      Hear! Hear!
      Very well put.

      I tried listening to an audio book from Project Gutenberg. It was a TTS engine, and while it was accurate, I was laughing so hard I couldn't really listen to the book.

      As a contrast, I listened to one of David Drake's audiobooks that he recorded himself and it was great.

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
  55. What does this whining accomplish? by Alzheimers · · Score: 1

    What does he really expect to accomplish with these whining rants of his?

    Does he think Amazon is going to give them money to shut up? Doubtful.

    Is he going to increase sales of audio books to an alienated audience? Unlikely.

    Will his shrill tone bring the march of technology to a screeching halt? All signs point to no.

    I'm not quite sure what realistic outcome will come out of this, aside from drastically increasing the hit count of a google search for his name + "douchebag"

    I can't envy his kids, ten years from now, discovering that family "legacy".

  56. No, he is implying have a machine read it is by Shivetya · · Score: 1

    Because your reading a physical copy you own. Apparently they seem to feel that a digital representation of a book requires a license for both display on a screen as well as audio presentation. I guess they envision the horror of people sitting around starbucks playing the books for all to hear.

    Really what it comes down to is they have a quantifiable revenue stream with audio books and want a fee applied to devices which can do both functions, I would not doubt they would go as far as requiring both forms to be purchased to allow for it to be heard. Hopefully he gets his way. Why? Because it would force down the price on both representations as no business would agree to full price on both. In other words, he may be digging his own grave.

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
  57. Where have I heard this before? by Sylver+Dragon · · Score: 1

    An amicus curiae brief from the Buggy Whip Manufaturer's Guild will forthcoming.

    --
    Necessity is the mother of invention.
    Laziness is the father.
  58. My Kindle by Profane+MuthaFucka · · Score: 5, Insightful

    My new Kindle has shipped from Amazon and will arrive any day. I'm planning to read Gutenberg books with it.

    If Mr. Blunt is successful in getting Amazon to remove the text to speech feature from my Kindle, will he compensate me for the loss of use of something I paid for?

    If prevents my Kindle from reading public domain books to me, then I expect a fucking check for a hundred bucks in my mailbox. Nothing less.

    --
    Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    1. Re:My Kindle by hplus · · Score: 1

      So the message that you took away from this squawking is that you can simply whine and make arbitrary demands whenever you think you are owed something? That's one way to go, I suppose...

    2. Re:My Kindle by Profane+MuthaFucka · · Score: 1

      Can you understand what you read? You seem to have some trouble.

      Can you understand that when someone wants to restrict MY right to read, that they need to pay me some CASH?

      The Kindle has a feature which, like a gun, or a VCR, has a legitimate and legal use which is protected by the Constitution. Anyone saying that I cannot exercise my right to use of public domain materials had better come up with some money, because I don't give away my rights for free.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    3. Re:My Kindle by Profane+MuthaFucka · · Score: 1

      When I talk about getting paychecks in exchange for something which I currently have a right to, I never joke around.

      Perhaps Amazon might be liable, perhaps the Author's guild might be liable. All I know is that if I can't have my Kindle read to me, someone owes me some money. At this time I don't know if Amazon can turn off the feature remotely, but I'd expect that it's possible. It's a Linux device, and it has a wireless network connection over which it talks to Amazon directly.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    4. Re:My Kindle by Profane+MuthaFucka · · Score: 1

      Take some responsibility? I am. That's why I am spending a good part of my fortune to see the destruction of copyrights within my lifetime.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
  59. Re:greed v. community spririt? by snspdaarf · · Score: 1

    Why does he want to force the blind to rely on the limited availability of commercial and specialised works for the blind?

    Maybe he's gone mad with power. Maybe he just doesn't understand the situation.

    Nah. He's a dick.

    --
    Why, without your clothes, you're naked, Miss Dudley!
  60. which is great... by BenSchuarmer · · Score: 1

    if you only want to listen to "A Brief History of Time".

    This won't hurt Narrators who do audio books, because the quality of their performance is what most people are paying for.

  61. Dear Authors Guild by Locke2005 · · Score: 1

    How much extra should I pay to license a book if I move my lips when I'm reading? After all, moving my lips does constitute a "public performance" of a copyrighted work -- especially if there are any observers present who are capable of lip reading!

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
  62. Is a computer voice a performance? by Anita+Coney · · Score: 1

    I hate to be modded down for going against this hate-fest, but this issue really boils down to whether a computer voice is a performance. I think most people would agree that Amazon would not be allowed to hire actors to read the eBooks and include those audio versions along with the eBook, without paying an audio book license. Clearly an actor reading a book is a performance. And clearly an unauthorized commercial performance is infringement.

    The problem we're having is that we think that because the reading is done by a machine, that it's not a performance. Going way back to the 1800's it was determined that the use of player piano rolls were performances. That's not really much different here. The player piano changed the holes in the paper to sound. (You could make the same argument about the wax cylinder, record, cassette, or CD.)

    So yes, the Kindle 2 is violating copyright. Yes it is infringing on the author's right to license audio book copies.

    And yes, the analogy between the Kindle 2 and reading a book at home to your kids does not work because a reading of the book at home is not a commercial use. Reading a book to your kids is clearly different from selling audio books without a license.

    And the whole argument that this could impact the blind is a red herring because that's not the issue here. The issue is whether Amazon can sell audio books without a license to people with sight.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
    1. Re:Is a computer voice a performance? by Cajun+Hell · · Score: 1

      Clearly an actor reading a book is a performance. .. it was determined that the use of player piano rolls were performances. That's not really much different here. The player piano changed the holes in the paper to sound.

      Good and interesting observation. But I can't accept that so broadly.

      Is an actor reading a book to one single person, a performance?

      If rendering as voice is performance, then isn't rendering on a screen also performance? If I show a movie to a theater full of hundreds of people, the MPAA will surely say so. At some point, though, the audience size starts to matter. Rendering a movie on a screen that only one person can conveniently view, is something the MPAA wouldn't try to call performance, nor does RIAA say that playing a song on a portable music player is a performance. Why wouldn't audiobooks parallel this?

      Sure, you can turn up the volume on your Kindle, but you can turn up the volume on your music-player too. That doesn't mean the device or device's manufacturer would be infringing. The user would be.

      The intended use is what distinguishes a portable audio device from 19th century player piano.

      And yes, the analogy between the Kindle 2 and reading a book at home to your kids does not work because a reading of the book at home is not a commercial use. Reading a book to your kids is clearly different from selling audio books without a license.

      The Kindle reading a book at your home is not a commercial use. The user owns this tool, and no money passes hands whenever the user uses the tool. If you're going to say that whenever a Kindle operates, a commercial activity is happening, then who are the parties to that? Who got paid for this performance?

      The only reason you got confused about that, is that the same party who sells the Kindle, also happens to sell the books. If Amazon sold the books and Micropple sold the Kindle, who then would be the copyright infringer?

      Would people feel better if the Kindle were actually Android-shaped, and picked up a dead tree book, held it up to its camer-- um I mean -- face, and recited the book that way?

      --
      "Believe me!" -- Donald Trump
    2. Re:Is a computer voice a performance? by langelgjm · · Score: 1

      And clearly an unauthorized commercial performance is infringement.

      First of all, performance is not at issue (it's "audio rights", which implicate a kind of derivative work), but if it were, the issue would not be performance, or "commercial performance", but "public performance" which isn't the typical use of text-to-speech. If you were using your Kindle to read a book aloud to an auditorium full of people, public performance would be at issue.

      The problem we're having is that we think that because the reading is done by a machine, that it's not a performance.

      No, the issue is that TTS technology, even when distributed with an e-book, does not constitute a derivative work. It can't, because TTS doesn't fix the audio in any permanent form.

      So yes, the Kindle 2 is violating copyright. Yes it is infringing on the author's right to license audio book copies.

      No. First of all, the "Kindle 2" isn't violating anyone's copyright - people or entities violate copyright, not devices. We might use devices to do it, and those devices might be outlawed, but that's different.

      Secondly, TTS doesn't infringe on an author's right to license audio book copies, because TTS doesn't make copies (copies have to be fixed, remember?). If TTS adds value to an e-book, then publishers simply need to increase the licensing fees for e-books, and the problem is solved. I don't think this is an issue for copyright law at all.

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    3. Re:Is a computer voice a performance? by Sj0 · · Score: 1

      It's a private performance for personal use. I see no difference between this and a parent reading to their child. For that matter, I see no difference between this and reading out loud to oneself.

      Amazon isn't selling audio books. They aren't selling machine read copies of books. They are selling the text of a book in electronic format. Incidentally, they also sell a device which reads those books in electronic format and either displays the text on the screen or translates them into sound. This action is taken by the end-user of the book, not Amazon themselves. They aren't selling audio books.

      --
      It's been a long time.
    4. Re:Is a computer voice a performance? by Anita+Coney · · Score: 1

      "Is an actor reading a book to one single person, a performance?"

      Yes. But most audio books are only listened to by a single person at a time. And it does not really matter how large the audience is, only that there is an audience. (Clearly an audience of no one would not constituent as a performance. If a bear sings a song without permission in the woods, and no one is around to hear it, is it an infringement? Nope.)

      "Rendering a movie on a screen that only one person can conveniently view, is something the MPAA wouldn't try to call performance"

      It is a performance, but the MPAA would not sue because the damages would be too small to deal with.

      And you're forgetting that Amazon is not selling only one Kindle 2. It is hoped that thousands will sell, which each one providing audio performances which were never licensed.

      "The Kindle reading a book at your home is not a commercial use."

      Correct, but selling unlicensed audio books for the Kindle 2 for a profit is a commercial use and is infringement. Let's face it, DVDs watched at home do not constitute a commercial use. But the fact that they are sold does constitute a commercial use. I surely cannot start copying and selling DVDs for home use without getting permission from and paying MPAA members.

      "If Amazon sold the books and Micropple sold the Kindle, who then would be the copyright infringer?"

      That's easy: Micropple. Amazon's eBook do not contain any audio information (as far as I know). It's the Kindle 2 which takes the mere text and converts it to audio. It's no different from an actor reading the text of a book and converting it to his voice. The actor and the company that paid him would be responsible for the infringement. But in this case there is no actor, there is a machine doing the conversion.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    5. Re:Is a computer voice a performance? by Anita+Coney · · Score: 1

      "It's a private performance for personal use"

      So under your view of copyright law, I can copy and sell DVDs for personal home use without obtaining permission from the movie industry?

      "I see no difference between this and a parent reading to their child. For that matter, I see no difference between this and reading out loud to oneself."

      Maybe I'm talking to a Kindle 2 which has became sentient, but if you're a human there is a difference. Amazon sells the Kindle 2 and the eBooks for a profit. The Kindle 2 converts the text of the eBooks to audio, much in the same way that the player piano scroll converted the scroll to audio for a profit. The piano scroll companies had to obtain a license, and so will Amazon.

      "Amazon isn't selling audio books."

      You're sort of right. They are selling text based eBooks which are being converted into audio books.

      "They aren't selling (a) machine (that) read copies of books." "they also sell a device... (that) translates them into sound."

      Now you're just jumping into semantics. Player pianos are not technically played. But yet they still constitute a performance. Whether you call it read into audio or converted into audio, the end result is the same. An audio performance.

      "This action is taken by the end-user of the book, not Amazon themselves."

      No, the end user is not converting the book from text to audio, the Kindle 2 is.

      "They aren't selling audio books."

      Once again, you're sort of right. Amazon is selling text based eBooks which the Kindle 2 "translates" (that's your word) into audio.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    6. Re:Is a computer voice a performance? by Anita+Coney · · Score: 1

      "First of all, performance is not at issue (it's "audio rights", which implicate a kind of derivative work),"

      Whether you call it audio rights, which means the right to perform the work orally, or an audio performance, you're talking about the same result and the same thing. Let's not let semantics bog us down.

      "If you were using your Kindle to read a book aloud to an auditorium full of people, public performance would be at issue."

      Once again, courts have determined that the use of player pianos constitute a performance. In the exact same way, the use of the Kindle 2 to translate text to an audio format constinues a performance.

      And if I did buy a Kindle 2 and used it to play loud in an auditorium full of people, I would be the person doing to public performance. Amazon could not be sued for the tickets I sold. You're talking about two entirely different things.

      "First of all, the "Kindle 2" isn't violating anyone's copyright - people or entities violate copyright, not devices."

      Two words: Player Pianos. Of course the pianos were not sued. The people who created and sold them and used them were sued. You can't get blood from a turnip or money damages out of an inanimate object.

      "Secondly, TTS doesn't infringe on an author's right to license audio book copies, because TTS doesn't make copies (copies have to be fixed, remember?)."

      God, I wish people who knew nothing about the law would simply stop smashing their fingers. The copyright on the book is fixed. The book was written down and is sitting on a shelf someplace in a fixed state. God, why are you wasting our time on this BS?!

      "If TTS adds value to an e-book, then publishers simply need to increase the licensing fees for e-books, and the problem is solved."

      If we agree, then what are we arguing about?! This is exactly what the president of the Authors Guild wants! For Amazon to pay for the audio license. God, was that so hard?

      "I don't think this is an issue for copyright law at all."

      Because what you know about copyright law comes from what you've read online. Everything you read on line is not true. Seriously.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    7. Re:Is a computer voice a performance? by Anita+Coney · · Score: 1

      I want to apologize for coming across as such an ass in my last comment. I should not have responded to three comments right in a row like that.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    8. Re:Is a computer voice a performance? by langelgjm · · Score: 1

      It happens to all of us, no hard feelings. BTW, I accidentally replied as an AC to your previous post - if you want to read my reply, it's here.

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    9. Re:Is a computer voice a performance? by Sj0 · · Score: 1

      You're wrong on two points.

      Your player piano analogy is broken because it deals with different performances. You can't sing your favourite copyrighted song in a bar if that bar hasn't paid the organization that handles music licensing. You absolutely can sing your favourite song in your home. A pianist playing in the same bar would need to pay licensing fees, or have the bar owner pay licensing fees, to play copyrighted music in a public place.

      Under your theory, let's say that Amazon isn't selling the Kindle. Let's say it's Microsoft selling the Kindle. Is Amazon still violating copyright by selling the books?

      Let's say we're talking about a physical book, and someone sells a scanner device which will read a page and convert it to text. Are all publishers of paper books now violating copyright by selling the books?

      My answer is no. Neither Amazon nor paper publishers are selling audio-books. It's irrelevant that text files can be later rendered in audio form in either case. Neither publisher is selling audio books, and thus shouldn't be forced to pay as if they were because someone could conceivably convert text into audio form.

      --
      It's been a long time.
    10. Re:Is a computer voice a performance? by ivan256 · · Score: 1

      The law contains two words. "Public Performance"

      It really doesn't matter in the least if it's a "performance", since as a personal device, the use of this feature isn't "public".

  63. Backwards logic by Digital_Quartz · · Score: 1

    This is exactly the sort of thinking that led Sony to try and develop UMD as a portable media format.

    People buy movies, they don't buy UMDs and DVDs. If someone buys a movie on DVD, it is extremely unlikely they are going to turn around the next day and buy it on UMD, since they already own the movie.

    The same, I suspect, is largely true with books. People buy a book, and whether they buy it as a paperback or a hardcover or an audiobook or an eBook, they do not then wake up the next day and decide to buy the same book again. There's no reason to, because they already own the book.

    When I need to take a trip, and I'm going to drive, I'll sometimes go out and buy an audiobook to listen to in the car. I've never felt a need to buy the paper version of an audiobook I already own, or vice versa.

    The Authors Guild, then, is contending that if you buy the eBook, and use TTS (even perfect awesome TTS with really good intonation and feeling), then they've lost an audio book sale, because if the eBook reader didn't have TTS, you would have bought the audio book.

    What the Authors Guild is missing is that NO ONE DOES THIS; if the eBook reader DIDN'T have TTS, and I wanted the audio book, I would have bought the audio book and not the eBook. I would still only buy the book once.

    Sure, the TTS is a nice feature, and of course it makes the eBook more versatile, but it hasn't lost an audiobook sale, it has replaced the audiobook sale. If the TTS wasn't there, I still wouldn't buy the book twice, so there's no sense giving them double royalties for eBooks.

  64. Reduce the price of books, increase the quality by tdelaney · · Score: 1

    Here in Australia, a hardcover costs AUD$55 now - and that's a hardcover that's designed to fall apart after 2 years or 4 readings. A (normal-sized) paperback costs AUD$20-25.

    I used to buy an incredible number of books, and well over half of those were hardcover. Now I only buy the books I really really really want, and I only buy paperbacks. Paperbacks are considerably cheaper (though still expensive) and they tend to last a lot longer. I know, ridiculous, isn't it? The whole point of a hardcover is that it should last longer than the paperback.

    I now spend a lot less money on books than I used to (and I have more disposable income now), because the publishers got greedy and took the opportunity of the GST being introduced to increase the cost of books astronomically. As a result, I don't get exposed to as many authors as I used to, because I don't buy on spec anymore - I stick with authors that I know I've enjoyed reading in the past. That means that very few new authors get any of my money.

    Make books more affordable and accessible to people, and both publishers and authors will make more money. This obviously applies to audio books as well.

  65. Re:Authors or Book Sellers: Which do you like more by Anonymous Coward · · Score: 0

    (Right now it sounds like a computer, but in five years, TTS may advance enough to make audio books a thing of the past.)

    In five years theri might be TTS that outputs with an even monotone delivery. However, unless there are some major break-throughs in AI programming TTS will lack emotional depth, or other context appropriate changes in voice tone and speed, for the immediate future. If you don't understand the extent of the problem, just look at how hard it can be to detect sarcasm and other forms of humor in online posts, and this is for people who have emotions themselves! Granted I've listened to audio books were a steady monotone would be an improvement, but decent human voice acting will be superior until there is an AI that can read not just text but also read and understand CONTEXT.

  66. Healthy unions by qbzzt · · Score: 2, Insightful

    healthy unions are as vital to our economy as healthy companies.

    No. Without a healthy union, companies still have to contend with labor supply and demand. If they abuse their employees, the more competent employees will flee to other jobs. Without healthy companies, we don't have an efficient way to coordinate large amounts of workers, so we lose a lot of economies of scale.

    To make matters worse, there seems to be a reverse correlation between the health of the union and that of the company.

    --
    -- Support a free market in the field of government
    1. Re:Healthy unions by Anonymous Coward · · Score: 0

      No. Without a healthy union, companies still have to contend with labor supply and demand. If they abuse their employees, the more competent employees will flee to other jobs.

      You can't count on that to be much of a deterant in a job market with double-digit unemployment, which some parts of the USA have already reached. Or do you honestly think the unemployed are only the incompetent workers? In a today's labor market far too many employers many will have a Tarkinesque view, "Fear will keep the workers in line, fear of this Recession." Why? Because they can get away with it right now!

    2. Re:Healthy unions by Renegade+Iconoclast · · Score: 1

      No. Without a healthy union, companies still have to contend with labor supply and demand. If they abuse their employees, the more competent employees will flee to other jobs

      Spoken like someone who was not involved in The Battle of the Overpass

    3. Re:Healthy unions by qbzzt · · Score: 1

      True. Back in 1937 there weren't as many other jobs available.

      --
      -- Support a free market in the field of government
    4. Re:Healthy unions by qbzzt · · Score: 1

      My claim isn't that unions are useless. It is that they are not as vital to the economy as healthy companies. I realize some industries will only provide their employees decent conditions with a union - but if you're in one of those industries it's probably a good idea to investigate a career change.

      --
      -- Support a free market in the field of government
    5. Re:Healthy unions by Renegade+Iconoclast · · Score: 1

      True. Back in 1937 there weren't as many other jobs available.

      Also true: rights won build economies, and societies. You can't divorce unions from history and ignore all of the gains that were made with real blood, and say, sure, that's great, but unions suck.

      The real world is filled with examples of non-unionized workers being paid more in better conditions, and counterexamples, and converse examples, and everything between. Sometimes unions really are necessary, if you're in a particular line of work, or you end up getting treated like a slave in dangerous conditions.

      It's oh-so-popular to trash unions now, which is a lot like trashing the 1776 revolution because the American government kind of sucks. That's my point.

    6. Re:Healthy unions by geekoid · · Score: 1

      haha, it doesn't work that way. Have you ever been in a country with no unions?
      It's a downward spiral.
      SO instead of having a bar to hit, they constantly lower the bar a little.
      Hey, employments at 8% your all fired. Then they hire someone cheaper.

      Yes there is a correlation, but now one has been able to actually link any causation.

      Actually unions and small business as why I believe we should ahve national health care.
      Companies would no long need health care in there contract, and small companies could compete with larger companies for talent. It's often the lack of health care the prevent a small company from being able to get good people as they expand.

      The reason I bring that up is that I see health care being the major contention with unions and contract.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    7. Re:Healthy unions by qbzzt · · Score: 1

      Have you ever been in a country with no unions?

      No, I worked in industries where unions were extremely rare but I've never been in a country where trade unions were illegal. Were you?

      Actually unions and small business as why I believe we should ahve national health care.

      Maybe. But most military veterans I read about this were opposed - and they have experience with government provided health care.

      --
      -- Support a free market in the field of government
  67. Audio books are worth more than e-books by goombah99 · · Score: 4, Insightful

    I bought the official audio book of 1984 directly from Amazon.com.

    This is exactly Blount's point. You were willing to pay money to get an audio version. Audio books are a huge huge huge market (billions of dollars). E-books are a teeny tiny market (millions of dollars).

    E-books are sold cheaply. Audio books command a premium because, as you youself noted, they have a value beyond the text that is worth paying for.

    Amazon is Paying e-book prices and selling them as audiobooks. Sure they may sound crappy at the moment but this is likely to change.

    Blount is just saying that publisher's need to charge kindle's e-book rights at a rate closer to audiobook rates. And if Amazon does not like that then they need to stop offering the audio conversion.

    The tricky part of the argument is this. It's not the publishers who are fighting this. They love expanding the e-book market. Indeed the publisher selling the e-book rights might never have bought the audio rights from the author.

    It's the writers who are objecting to having their e-books turned into audio books and not getting paid.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:Audio books are worth more than e-books by Sj0 · · Score: 3, Insightful

      Sometimes certain elements of the process need to STFU. Sometimes it's publishers, who refuse to sell their DRM-laden content in some countries, but are incensed that people would steal said content to get it after being refused at the gates. Sometimes it's the authors, who want to rape the only future their medium really has by charging 60 bucks for a text file.

      Both need to give their heads a shake.

      --
      It's been a long time.
    2. Re:Audio books are worth more than e-books by goombah99 · · Score: 5, Insightful

      There is another way to look at this.

      One could say that audio books contain more labor and this is part of why they cost more. Once a technology comes along that removes that labor they should cost less.

      That is true, but it misses the point.

      Thus the real statement of the quesiton is this: if the manufacturing cost of books and audio books goes down then clearly the price of these should fall. But since audo books and e-books have different roylaty rates, if you change their ratio then you chance the total earnings to the authors. thus you need to re-adjust the roylaty rates so that the authors get the same total earnings.

      Why should you want to assure authors get the same as before: when you sum up the total earnings (revenue minus cost of production) for books this get's divided amongst the publishers and authors. There is some dynamic equilibrium of what is neccessary to pay authors to entice a sufficient number of them to produce the books you want. e.g. if authors got no money, there would be fewer books written (not zero of course, but there could be no professional authors at all!)

      If you want to argue that authors are paid to much then you have to prove that their is artificial scarcity of authors. good luck!

      So in the end there has to be some fixed amount of money flowing to authors to maintain this status quo.

      Blout is saying that if you canablaize a high profit audio book sale with a low-profit e-book sale then you simply need to charge more for e-books to make the total for the authors come out the same as before.

      it's okay if the overall price declines. indeed this is great since it may increase sales. But in the end you can't simply lower the price by lowering the author's roylaties.

      --
      Some drink at the fountain of knowledge. Others just gargle.
    3. Re:Audio books are worth more than e-books by steelfood · · Score: 1

      But part of what you pay for in an audio book, and what makes it a novel work worthy of copyright, is the reader actually reading out loud. However, a machine's mechanical reading is in no way novel. It's just a form of format shifting. And perhaps one day, the machine will be able to read a book a loud as well as a human being. But even now, any human being can read it aloud as well as a human being (with your monotonous college physics professor being the exception).

      What is the difference between you reading your book aloud, and a machine reading it aloud? And why is one subject to an additional license on top of having purchased the book when the other isn't?

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    4. Re:Audio books are worth more than e-books by Anonymous Coward · · Score: 1, Interesting

      I've enjoyed his stuff for some time, but Blount has royally pissed me off with this. He and the Author's Guild can go fuck themselves.

      Blount is just saying that publisher's need to charge kindle's e-book rights at a rate closer to audiobook rates. And if Amazon does not like that then they need to stop offering the audio conversion.

      Amazon can go do whatever the hell they want, the publishers can do whatever the hell they want, and the authors can do whatever they want. Amazon doesn't need to do anything. The value of an ebook is determined by whatever people are willing to pay for it, not what the Blount thinks it is.

      Pardon my language, I'm getting so fucking tired of people not understanding that information is dirt fucking cheap. They need to get over outdated ideas of value. Sure--at one time people would pay twice for an audiobook and print book. However, that's because there wasn't a medium that would do both. If someone comes up with a medium that does both, it doesn't mean that medium = audio format + print format, it means the latter two things lose value because it's suddenly become easier to do them.

      Valve's CEO raised similar issues in the gaming industry recently:

      http://www.pcworld.com/article/159805/dice_valves_newell_says_pirates_way_ahead_of_us.html/

      What people in the publishing industries--whether that be music, film, books, games, whatever--don't realize is that publishing has become a whole lot fucking easier in the last 15 years. People at home can do it. The way you make money is by charging a price (really super dirt cheap) that reflects the new value, and offer it at volume. Publishing doesn't make money anymore, the product does, and only then if it's offered cheap to a lot of people (which is now possible in ways that it wasn't before).

      What Blount should be demanding is that Amazon _reduce_ the fucking price, of everything--way below audiobook or print prices--to drive up demand.

    5. Re:Audio books are worth more than e-books by goombah99 · · Score: 1, Insightful

      What is the difference between you reading your book aloud, and a machine reading it aloud? And why is one subject to an additional license on top of having purchased the book when the other isn't?

      Simple. because one is being sold and the other isn't. You might as well ask, why can't I do the following.

      1) buy one copy of the print version.
      2) record an actor reading it
      3) sell as many copies of the recording as I please and not pay the author a dime.

      furthermore to tighten the analogy, instead do this.

      4) for every audio-version I sell, I buy one copy of the paper or e-book edition.

      that way the author is getting the e-book roylaty rate and I'm pocketing the audio book rate.

      Clearly this is unacceptable.

      Now if you read the article you know this is not about stopping you from readin out loud or even reading out loud to another person. Or even a librarian reading to a class. it's about sales of audio books while paying e-book royalty rates.

      --
      Some drink at the fountain of knowledge. Others just gargle.
    6. Re:Audio books are worth more than e-books by sukotto · · Score: 1

      There's a HUGE difference between an audiobook and a TTS. Like comparing a kids stick figure to a masterwork painting.

      TTS mispronounces words like crazy, has very poor pacing and no emotional content. Audiobooks often have sound cues and other content to make the presentation much more like someone acting out the book, rather that simply reading it.

      --
      Come play free flash games on Kongregate!
    7. Re:Audio books are worth more than e-books by mdmkolbe · · Score: 1

      It's the writers who are objecting to having their e-books turned into audio books and not getting paid.

      They can object all they want, but copyright law doesn't restrict private performance.

    8. Re:Audio books are worth more than e-books by shutdown+-p+now · · Score: 5, Insightful

      "There has grown in the minds of certain groups in this country the idea that just because a man or corporation has made a profit out of the public for a number of years, the government and the courts are charged with guaranteeing such a profit in the future, even in the face of changing circumstances and contrary to public interest. This strange doctrine is supported by neither statute or common law. Neither corporations or individuals have the right to come into court and ask that the clock of history be stopped, or turned back."

      - Robert A. Heinlein, "Life-Line".

    9. Re:Audio books are worth more than e-books by shutdown+-p+now · · Score: 4, Insightful

      Now if you read the article you know this is not about stopping you from readin out loud or even reading out loud to another person. Or even a librarian reading to a class. it's about sales of audio books while paying e-book royalty rates.

      There are no audiobooks sold for Kindle. What gets sold are plain text books, and the device (not even the book!) is bundled with a text-to-speech reader. It's not the same as audiobooks. This is also in no way a violation of the authors' copyright, or anyone's else - they still get paid in full for the copy of their book. Copyright does not restrict the means of the end user to interpret the text - whether it is simply read, or TTS used to read it aloud, shouldn't be of any concern of the author.

      No, this is greed, pure and simple. They could get away with charging extra for audiobooks, and they want to keep doing that; and now Amazon is pulling the rug from under that business model. So there's a lot of noise. But, gladly, Amazon and the customers have full right to just tell them to STFU, and that's what's most likely going to happen.

    10. Re:Audio books are worth more than e-books by shutdown+-p+now · · Score: 0

      It's the writers who are objecting to having their e-books turned into audio books and not getting paid.

      The writers have no part whatsoever in production of audiobooks - their participation ends once they see their manuscript printed. Why should they have any voice in this discussion at all? They most certainly do not have any right, legal, moral or otherwise, to extra profit from licensing audio books separately.

      Yes, they could get away with it for a while because of the legal technicalities - since a proper audiobook is a derived work, and so copyright kicks in. I don't see anything wrong with it, either - they had a legal way to grab more cash, good for them if they go for it. But they aren't in any way entitled to keep reaping those profits, and so, as soon as someone - Amazon? - finds a way to produce audiobooks without getting copyright issues in the picture, this separate-licensing model no longer works. And that's as it should be.

    11. Re:Audio books are worth more than e-books by Hoplite3 · · Score: 2, Informative

      Simple. because one is being sold and the other isn't. You might as well ask, why can't I do the following.

      1) buy one copy of the print version.
      2) record an actor reading it
      3) sell as many copies of the recording as I please and not pay the author a dime.

      furthermore to tighten the analogy, instead do this.

      4) for every audio-version I sell, I buy one copy of the paper or e-book edition.

      that way the author is getting the e-book roylaty rate and I'm pocketing the audio book rate.

      But (3) isn't what's going on. The device shifts the content from text to speech. The buyer of the e-book doesn't have the right to distribute either the text or a recording of the TTS version. But the creation of the TTS version is certainly fair use. I can now buy a dead-tree book and record myself reading it. I can't sell the recording, but I can listen to it.

      I could also cut up the book and turn it into a paper mache unicorn. Are you suggesting that I have to pay different royalties to the author based on my intent to create said unicorn?

      --
      Use the Firehose to mod down Second Life stories!
    12. Re:Audio books are worth more than e-books by shutdown+-p+now · · Score: 3, Insightful

      There's a HUGE difference between an audiobook and a TTS. Like comparing a kids stick figure to a masterwork painting.

      TTS mispronounces words like crazy, has very poor pacing and no emotional content. Audiobooks often have sound cues and other content to make the presentation much more like someone acting out the book, rather that simply reading it.

      It doesn't even matter. If TTS is a perfect replacement for a manually-recorded audiobook, so what? It's not a copyright infringement to use TTS or to distribute it, and the author is still properly compensated for his work (which was scribbling the text, not doing the recording), so morally it's perfectly fine too.

    13. Re:Audio books are worth more than e-books by langelgjm · · Score: 4, Insightful

      But selling a device with text-to-speech capability isn't the same as selling an audiobook. An audiobook is a derivative work. A device with TTS capability is not a derivative work (well, we'd probably have to have a court case to tell us for sure, but I don't think it is).

      Here's my logic: The original copyright holder gets copyright in derivative works. But copyright requires that a work be fixed in a tangible medium of expression. Simply providing TTS doesn't do that. As soon as the output of TTS is saved on a tape or as an MP3 file, then you have a derivative work, but that's not what Amazon is doing with the Kindle.

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    14. Re:Audio books are worth more than e-books by mrchaotica · · Score: 1

      E-books are sold cheaply. Audio books command a premium because, as you youself noted, they have a value beyond the text that is worth paying for.

      Audio books command a premium because they had to pay somebody to read them, to do the recording, to manufacture the (typically large number of) tapes or CDs, etc. None of that applies to text-to-speech.

      This is less like a professionally-made audio book, and more like the owner of the copy reading it aloud himself.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    15. Re:Audio books are worth more than e-books by genmax · · Score: 1

      The value that the company's adding is someone reading the text out loud. If the consumer can achieve the same value through technological means, why does the author's guild have a birth right to sustain an outdated business model ? Things become obsolete all the time, sometime whole industries. Why are they special ? Do you think you google talk should have to pay extra somehow for voicechat, because it hurts the telephone company's business model ?

      Having bought an e-book, I have every right to use that book in whatever way I wish -- copyright law only comes in if I'm allowing someone else access. If I bought a paper version of the book, I would have every right to scan it and read it on my laptop.

      Why would writers who have their e-books converted to audio-books expect to be paid - if they aren't doing the converting themselves ? The author, through his/her publisher, has sold me a book, in whichever form, which equals the textual information in the book. As long as I do not distribute this information to anyone else, I can consume that information in whatever way I wish. Or do we now think that its ok to have to pay extra to buy milk to add to coffee, as opposed to just cereal ?

      If I were an author, I'd be concerned about how the Kindle 2 is going to affect my income. But the solution to that would be to look for different business models, better ways of adding value, finding ways to make audio books somehow more valuable than TTS output --- not whine against amazon.

    16. Re:Audio books are worth more than e-books by horza · · Score: 0, Redundant

      Simple. because one is being sold and the other isn't. You might as well ask, why can't I do the following.

      1) buy one copy of the print version.
      2) record an actor reading it
      3) sell as many copies of the recording as I please and not pay the author a dime.

      That's totally bogus. According to your logic, why can't I do the following:
      1) buy one copy of the print version
      3) sell as many copies as I please and not pay the author a dime

      The answer to both is you can but it's illegal. If there is no actor reading it then I don't see where the added value of the audio version is. The TTS is simply a different output device to an ebook reader, the material for which a license has already been paid.

      A counter-argument to yours is that if a separate license is needed for a TTS version of copyrighted text, this means deaf people will need to pay for a separate license for every web page that has copyright on it.

      Phillip.

    17. Re:Audio books are worth more than e-books by Red+Flayer · · Score: 3, Interesting
      Emphasis mine:

      Thus the real statement of the quesiton is this: if the manufacturing cost of books and audio books goes down then clearly the price of these should fall. But since audo books and e-books have different roylaty rates, if you change their ratio then you chance the total earnings to the authors. thus you need to re-adjust the roylaty rates so that the authors get the same total earnings.

      This is false. If this were an ideal free market, it would be true -- but the fact of the matter is that there are barriers to entry, incomplete information, and most importantly, works of art/literature are NOT a commodity good.

      Regardless of the the cost to produce the good (author + publisher), the price is determined by the seller, and will only loosely follow marginal cost if there is ample competition.

      In short, this has little to do with economics, other than the fact the e-books compete with audiobooks, and more to do with terms of licensing of a copyrighted work.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    18. Re:Audio books are worth more than e-books by Estanislao+Mart�nez · · Score: 1

      But since audo books and e-books have different roylaty rates, if you change their ratio then you chance the total earnings to the authors. thus you need to re-adjust the roylaty rates so that the authors get the same total earnings.

      I was just making a similar point in another comment, so I have to agree here. It really seems to me that there is no real argument about whether it is permissible to use text-to-speech (TTS) technology to have an e-book read out loud to the user; even TFA, confused as it is, seems to acknowledge this:

      "True, you can already get software that will read aloud whatever is on your computer. But Kindle 2 is being sold specifically as a new, improved, multimedia version of books -- every title is an e-book and an audio book rolled into one. And whereas e-books have yet to win mainstream enthusiasm, audio books are a billion-dollar market, and growing. Audio rights are not generally packaged with e-book rights. They are more valuable than e-book rights. Income from audio books helps not inconsiderably to keep authors, and publishers, afloat."

      So it really looks to me like they might have some legitimate complaint about whether Amazon has violated the terms of its agreements with the publishers by (a) making their proprietary e-book reader capable of reading their proprietary format e-books out loud, and (b) marketing it as an alternative to audio books. But this seems like a short-to-medium term dispute between Amazon and the copyright holders, not something that can stop TTS-capable e-book readers from flooding the market in the long run. And as you point out, well, the authors are going to have to figure out how to do new kinds of licensing deals for e-book editions in this new world.

    19. Re:Audio books are worth more than e-books by Moryath · · Score: 2, Interesting

      Blout is saying that if you canablaize a high profit audio book sale with a low-profit e-book sale then you simply need to charge more for e-books to make the total for the authors come out the same as before.

      The problem with this is, not everybody competes in the same market. The number of books available in tape/cd/mp3 form is a small percentage, at best, of the number of books put out each year. Many books either see audiobook release only years after their initial release, or not at all.

      Kindle offers you an interesting opportunity: MORE books can be available in a digestible (even if slightly imperfect) audio form, than can be made available with the standard "pay someone to read it to me" setup. Will there still be people willing to buy the other audiobooks? I would hope so. Not everybody will have a Kindle.

      Even if it does cannibalize some audiobook sales or transfer some revenue or put some professional audiobook readers out of work, that's the changes that always happen with technological improvement. If you think your property is "too cheap" with Amazon as an ebook? Charge Amazon more for your property. See if people are willing to pay for it or not.

      it's okay if the overall price declines. indeed this is great since it may increase sales. But in the end you can't simply lower the price by lowering the author's roylaties.

      What if the royalties begin getting spread around more authors? More books available on audio = more authors needing a piece of the pie, theoretically. Ultimately, there is a limit to the discretionary spending of consumers and the number of minutes in a day, and you're competing. Video games compete with DVD movies compete with books compete with audiobooks compete with Ebooks compete with audio CD's compete with radio compete with broadcast TV compete with fast food restaurants compete with nicer restaurants compete with zoos compete with the local symphony compete with Lallappalalalala tour compete with... you get the idea.

      Either you put out your product in the most digestible, most consumer-desired form, or you suffer the consequences. And if you price reasonably, you can massively increase your sales and make more money than if you're a tight-fisted asshole.

    20. Re:Audio books are worth more than e-books by shutdown+-p+now · · Score: 1, Insightful

      So I guess you agree then that the GNU copyleft is unenforcable?

      That is once I have the source code I should be able to do whatever I please with it. Say use in in my own software and sell that without releasing the source.

      Right? I'm just intepreting the text.

      Wrong. The crucial point of difference is where you say "sell that". Note that this doesn't happen with Kindle TTS - it performs format-shift for private use of the owner. If the owner then records the voice and redistributes it (for money or for free), then that would be a copyright infringement, naturally, and he would need a license from the author for that - and that's when the author has a moral and legal right to get paid.

      But for private use, it's perfectly okay.

      To correct your GPL analogy - Amazon's TTS is akin to the compiler, and the author's guild is trying to argue that they have some inherent right to charge you extra for a precompiled binary, and that Amazon is wrong in distributing the source bundled with a compiler so that users can compile binaries on their own, because the author doesn't get a cut. Which is obviously bullshit.

      Put even simpler, the Authors Guild is arguing against format-shifting here - they say that bundling a copyrighted work in a single format with an automated utility to convert it to some other format amounts to distributing it to both formats, and that they should get to double-charge it because of that. That's all there is to it. Which, of course, is not what copyright or "fair deal" is about.

    21. Re:Audio books are worth more than e-books by jaynis · · Score: 2, Insightful

      I say it's not an audio book, but a book produced in computerized voice. Difference being that what I want in an audio book is much more than current technology offers. I want the level of human performance that no TTS system can provide now. Having listened to great many audio books, I know what I like. Books read by professionals like George Guidall, who is awesome. I have returned many books after 10 minutes of listening because they were read by some hack who went to nail-on-chalkboard school of book reading. Looking at you, Ron Silver. I would not even entertain listening to a whole book via TTS, it's a waste of time. So, when TTS systems reach a point at which they can pass a touring test with me, then it's a performance and maybe writers guild has a point. Until then, the audio book market and their revenues from it are safe, IMO.

    22. Re:Audio books are worth more than e-books by itsdapead · · Score: 1

      Amazon is Paying e-book prices and selling them as audiobooks.

      ...and a Kindle is going to read out Harry Potter in the voice of Stephen Fry, with all the correct emphasis and intonation? If I plug in a Terry Prachett eBook will Tony "Baldrick" Robinson do all the voices? If I download The Hitchhiker's Guide will it sound like it is being read by two of the original cast members? Because, looking at Amazon (UK) that's what you currently get if you pay a premium for an eBook.

      Text to speech sounds like it is getting usable. Text to talented dramatic performance is still a few years off.

      I'm sure Amazon would be quite happy to use Kindle to punt professionally performed versions as an "upgrade" to the free robotic overlord option.

      --
      In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
    23. Re:Audio books are worth more than e-books by antek9 · · Score: 1

      Let me tighten your analogy even further to pull it back to earth a bit: Take the very best TTS software, using that record a book of your choice, and now try to sell the resulting product to audio book customers.

      Now try to explain why you won't generate considerable sales. Hint: a sterile computer generated voice rendering some text to speech is by far not the same as an actor trained in dramatic arts reading aloud the same text.

      And nobody should be forced to pay the same royalties for both renditions. A small markup might be in order, but the full audio book price, never.

      --
      A World in a Grain of Sand / Heaven in a Wild Flower,
      Infinity in the Palm of your Hand / And Eternity in an Hour.
    24. Re:Audio books are worth more than e-books by jonbryce · · Score: 1

      The higher audio book rates were previously necessary to encourage people to hire actors to read the books. If you no longer need to hire those actors, you don't need the higher royalty rates to pay for it.

    25. Re:Audio books are worth more than e-books by Hognoxious · · Score: 2, Funny

      Audio books command a premium because, as you youself noted, they have a value beyond the text that is worth paying for.

      Most of that value is surely the quality of the actors' voices - which also comes with a cost.

      Both of those are avoided with the kindle's text-to-speech software, which presumably sounds something like a dalek.

      Ergo, the comparison is a bag of rat knackers.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    26. Re:Audio books are worth more than e-books by jonbryce · · Score: 5, Insightful

      Am I allowed to hire someone to read the book to me without paying the author any extra money?

      I believe I am, so why can't I hire a computer to do the same thing?

    27. Re:Audio books are worth more than e-books by Count+Fenring · · Score: 1

      Amazon is Paying e-book prices and selling them as audiobooks. Sure they may sound crappy at the moment but this is likely to change.

      Audiobooks are a performance. No matter how good a text-to-speech program is, it's not a recorded performance in any way, shape, or form; it's a software program interacting with the content you paid for.

      As far as the writers go; well, actually, a number of authors (including, for example, Neil Gaiman) are against the Author's Guild here.

      Also, I don't know where you get the idea that publishers love the e-Book market, and want to expand it. There's a lot of kicking and screaming and "ONLY WITH THE MOST REPRESSIVE DRM" and "ONLY AT TWICE A REASONABLE PRICE" for something with the wide support you claim.

    28. Re:Audio books are worth more than e-books by jonbryce · · Score: 1

      copyright law only comes in if I'm allowing someone else access

      I don't agree. When I lend someone one my books, I don't ask the publishers permission to do so, nor am I required to. The same applies to lending ebooks to people (as opposed to giving away copies, which may well require the publisher's permission).

    29. Re:Audio books are worth more than e-books by gd2shoe · · Score: 2, Insightful

      I see your point, but I disagree.
      (Being entirely beside the point, that would be a copyright violation. This isn't... at least in any reasonable court of law.)

      This is a natural result of e-books. It's more natural than the introduction of the VCR. Remember, the MPAA about had a collective heart attack over that one. Progress will happen. Sometimes the idiots and the greedy of the world will manage to slow it down for a time.

      Frankly the best way I see to counter this is to sell the audio books bundled with the ebooks.
      (at no extra charge... well, there shouldn't be and I can dream. It's added value with virtually zero added human intervention. But then, what do I know about selling products? I'm only a measly consumer.)

      I also observe that your point conflicts with your sig.

      --
      I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
    30. Re:Audio books are worth more than e-books by jonbryce · · Score: 1

      Text to talented dramatic performance will never happen.

      It is possible that in the future there might be a sort of MIDI format for text which will provide the additional mark-up information to enable it. You will need sound-fonts for different voices, and mark-up to provide details of the intonation and so on. You will also need to add in the background sound effects. For example if in the story, someone takes a phone-call, the audio book will often have the sound of the phone ringing.

    31. Re:Audio books are worth more than e-books by eck011219 · · Score: 1

      Moreover, the effort put into the audiobook is the cost of the audiobook. I think the point here is that the value of the audiobook is that you can consume it while walking, driving, biking, whatever. It's also of additional value to people with vision issues and people with reading issues (dyslexia, for example).

      I work with authors and have my opinions about the law and what they should be able to expect in protection of their profits, but do understand some of the opinions around here. However, the law, simply put, is the law. Can I record a Christopher Moore book myself and sell it for profit without permission? Nope. And I don't see how my doing that is defensibly different from my writing a piece of code (building a robot, if you will) to read it out loud.

      On a slightly different front, a lot of the arguments I've heard in favor of the TTS feature seem to be from current Kindle owners who are excited to upgrade and get their ebooks read to them. When they find out they may have to buy a separate TTS copy or pay some kind of additional TTS unlock fee, they get grumpy. Hardly a strong legal argument.

      --
      It is pitch black. You are likely to be eaten by a grue.
    32. Re:Audio books are worth more than e-books by genmax · · Score: 1

      I meant the question of copyright law only comes in ... - it may still very well be legal, but that's what copyright law decides.

    33. Re:Audio books are worth more than e-books by Arterion · · Score: 3, Insightful

      So if I pay a nanny to read a bedtime story to my kid, I'm violating copyright?

      --
      "That which does not kill us makes us stranger." -Trevor Goodchild
    34. Re:Audio books are worth more than e-books by jonbryce · · Score: 1

      If I lend my dead tree book to someone, copyright law is not involved. I am not making any copies.

    35. Re:Audio books are worth more than e-books by Ortega-Starfire · · Score: 1

      I really hate just how often Heinlein is right.

      --
      ---- Liquid was a patriot ----
    36. Re:Audio books are worth more than e-books by extra88 · · Score: 1

      The tricky part of the argument is this. It's not the publishers who are fighting this. They love expanding the e-book market. Indeed the publisher selling the e-book rights might never have bought the audio rights from the author.

      According to a panelist recorded for The Command Line Podcast, publishers typically do buy the audio rights and a whole bunch of other rights from the author but usually don't to use them unless a work proves to be popular enough to justify the added expense to produce an audiobook edition.

      However, I think the panelist is most familiar with a niche genre so what's typical in her experience may not be typical in others'.

    37. Re:Audio books are worth more than e-books by obarthelemy · · Score: 1

      There IS a difference between a book read by a professional actor and by a computer. If they did manage to get the basic voice right (TTS in Windows is very annoying, still), you're still missing the acting, the flow...

      Let the people willing to pay for that, pay, and the people satisfied with a computer version, NOT pay. Plus, computer TTS helps people with disabilities, and others, get ANY book read to them.

      --
      The Cloud - because you don't care if your apps and data are up in the air.
    38. Re:Audio books are worth more than e-books by bluefoxlucid · · Score: 1

      There is a difference between Stephen King reading a Stephen King book, and Vincent Price reading a Stephen King book.

    39. Re:Audio books are worth more than e-books by bluefoxlucid · · Score: 1

      Knackers? i.e. dingo's kidneys?

    40. Re:Audio books are worth more than e-books by initialE · · Score: 1

      Why should authors get paid better rates on audio books? The consumer perceives the cost increase as covering the price of the recording studio, technicians, the guy that actually does the reading, you know, labor-intensive stuff. The author doesn't expend any extra effort getting the book out on audio. This is just greed, plain and simple.

      --
      Starbucks, Harbuckle of Breath.
    41. Re:Audio books are worth more than e-books by hairyfeet · · Score: 1

      The problem with that is this: he ain't buying it for the frigging audio. He is buying it for a world class actor to ACT the audio out. Now when I was laid up in hospital after a serious bike wreck I got some audio books. But it wasn't the books that made them enjoyable, it was a great actor READING the books and more importantly using his skills as an actor to imbue the written word with living emotion.

      Have you ever actually listened to a TTS reader? It would be like saying you can replace the late great Majel Roddenberry as the ships computer with that voicebox that Stephen Hawkings uses. Mrs Roddenberry gave the computer an attitude, she made it a part of the crew, in short she gave the part LIFE. There is no way a lousy TTS reader is going to replace a world class actor in a studio giving emotions to the pages. They just aren't in the same class. This is just greed, pure and simple. It is also proof that copyright and patent reforms are disparately needed. Because the TTS ability will end up removed from any readers because they will drive the price up because of trolls like this whining for more cash.

      Frankly I wouldn't be surprised if they don't keep whining for more and more money until they kill the market completely, which of course they will then blame the demise of on piracy. Frankly none of these idiots have a clue how the market works. But as we have seen over and over again lately greed without sense equals failure. Hey, maybe when they kill the market they can ask for a bailout?

      --
      ACs don't waste your time replying, your posts are never seen by me.
    42. Re:Audio books are worth more than e-books by saxoholic · · Score: 1

      I could see the court case that argues it has to at least temporarily create some sort of mp3 file on the fly in order to render the TTS, which the publisher/author could argue is the derivative work. That's a tricky situation to sort out.

    43. Re:Audio books are worth more than e-books by langelgjm · · Score: 1

      Not really. That would be an "ephemeral copy", which is just the sort of thing the "fixed in a tangible medium of expression" is supposed to eliminate. My IP textbook notes that "fixed" excludes "transient reproductions... captured momentarily in the 'memory' of a computer."

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    44. Re:Audio books are worth more than e-books by agallagh42 · · Score: 2, Insightful

      I certainly agree that a professionally produced audio book is worth more than the plain text version, however, that really shouldn't have any bearing at all on this case. Here are some example situations. Tell me if you think each one is infringing on the author's rights:

      1. I buy an ebook. I read it to myself.
      2. I buy an ebook. I read it aloud to myself.
      3. I buy an ebook. I read it aloud to my wife.
      4. I buy an ebook. I hand it to my wife. She reads it aloud to me.
      5. I buy an ebook. I pay a student a few bucks to read it aloud to me.
      6. I buy an ebook. I build an extremely complicated computer/camera device that can read the screen of the device and translate that into synthesized speech. The device reads the book aloud to me.
      7. I buy an ebook. I purchase someone else's screen reader device. The device reads the book aloud to me.
      8. I buy an ebook. I purchase an ebook reader device that has built in TTS. The device reads the book aloud to me.
      9. I buy an ebook from Amazon, and read it on a device I also bought from Amazon that has built in TTS. The device reads the book aloud to me.

      So, at what point does this become an infringement? I would argue that it never does.

      --
      Carpe Cerevisi - Seize the Beer
    45. Re:Audio books are worth more than e-books by WNight · · Score: 1

      And I don't see how my doing that is defensibly different from my writing a piece of code (building a robot, if you will) to read it out loud.

      Because copyright law restricts you making copies of a work.

      Building a robot that read aloud the word under the camera at that moment would only "copy" the work in the most trivial and instantaneous sense, it certainly wouldn't create a lasting work that competes with the author's official release.

      You can buy a $2 map book and run a million dollar taxi company with it, as long as only the dispatcher has the book and merely tells the taxi-drivers where to go.

    46. Re:Audio books are worth more than e-books by Eskarel · · Score: 1

      Well sort of.

      The problem with this argument is that the reasons why audio books are more expensive than regular books is that they're more expensive to make. You have to pay someone to read them and that someone has to actually be reasonably good at what they're doing. I don't believe the portion going to the author is any different, so this isn't an argument about how much they are paid. That said, if you buy the audio book, and the dead tree version, then the author gets paid twice.

      This is basically a load of hogwash as reading it, or getting someone else to read it to you(even a mechanical device) should be covered under fair use, and the copyright on specific audio books only covers that particular recording, not all recordings.

    47. Re:Audio books are worth more than e-books by Eskarel · · Score: 1

      No, I can't read a book and sell it. However I can ask someone to read it to me. In fact I have read numerous books to my younger siblings and plan on reading an awful lot of books to my kids.

      I really don't think authors have a leg to stand on here because to the best of my understanding of the law(IANAL) reading a story to someone is perfectly legal and fair use. So long as you don't distribute the audio recording, sell it, or perform it, you're pretty much golden.

      You could argue that Amazon are profiting by the performance of a work when they don't have a performance license, but that's a pretty gray legal area when it comes to books. Bookstores and libraries hire people to read books to kids quite frequently, and to the best of my knowledge no one has challenged the legality of that.

    48. Re:Audio books are worth more than e-books by Eskarel · · Score: 1

      Yes, but it's not an audio book, it's a computer program that can read e-books. They're selling you the "person" reading the book, not the reading itself.

    49. Re:Audio books are worth more than e-books by eck011219 · · Score: 1

      Compelling argument, but I still say it's reproducing an existing medium (audiobooks).

      Your argument is a good one if you're Amazon. However, there are equally strong arguments from the author's standpoint. Typically contracts signed between authors and publishers are ridiculously detailed in what is allowed (and by definition and inference what is not). The author is held to strict guidelines about what he or she can do during promotion or sales of the book so as not to screw the publisher who's underwriting it all, and the publisher is similarly limited in the other direction. How do you expect them to react if, say, the distributor is suddenly allowed to give away Xeroxed copies of the book with every purchase of a bookmark? No, it's not as nice to hold or read as the bound book. But it's still going to cut into the sales figures and the author's royalties.

      Taken at the most optimistic face value, this is a new, more efficient method of creating an existing medium. Whether created in a studio by a voiceover artist or on the fly by a device, the end result is effectively the same. I still don't see enough difference between the two to allow Amazon to do this without compensating the publisher (and therefore hopefully the author).

      How is your analogy different from me buying a $5 disposable camera, taking a nice picture in good light of a painting in a commercial art gallery, and running off prints to sell to people? Sure, I filtered the art through a new layer of technology, but it's still not mine to sell if (and only if) it's currently under copyright. Which most of these books are.

      I'm no lawyer, so I could be full of beans. But logic and what I know of IP law seem to me to be on my side here.

      --
      It is pitch black. You are likely to be eaten by a grue.
    50. Re:Audio books are worth more than e-books by eck011219 · · Score: 1

      I forgot to add one other very important point.

      It's not up to Amazon to decide what's a trivial and what's a significant copy of a work. By embedding a function in the Kindle that can do this on the fly MOST certainly creates a lasting work (and a dynamic one at that) that competes with the author's official release. Arguably it creates a far more damaging product in the end, as the creator of the secondary work doesn't have to record a new audio version for, say, the second edition or the Spanish version or the abridged version or whatever.

      I'm not saying it should be removed from the Kindle. I am, however, saying that under current legal protection of authors and publishers, audio versions of books sold on the Kindle should have to be sold separately or unlocked for a fee or whatever. I doubt seriously that publishers OR authors would object to a lesser but fair fee or royalty for their works to be reused by this TTS thing on the Kindle. Right now, though, Amazon has taken the position that it should be free with the purchase of the "print" version.

      Legally (and ethically), you simply don't get to create a new medium and then lump other media into it just because it's a cool selling point. The law can change, but you need to make it change before you start sidestepping valid sales that benefit publishers and authors.

      --
      It is pitch black. You are likely to be eaten by a grue.
    51. Re:Audio books are worth more than e-books by eck011219 · · Score: 1

      I would simply argue that a mechanism that can read out loud repeatedly at any time and any place IS a distribution of what is, effectively, an audio recording.

      Don't get me wrong -- I don't want it to go away. I just want authors and publishers to see a part of the profits. What Amazon is doing is basically selling a book to someone along with a "get-out-of-the-audio-book-free" card. Many tech-savvy customers who, barring the Kindle, would buy a print version AND an audio version for their iPod, will buy just one copy. As I said before, the audiobook has its own VALUE that is independent of a print version. I don't need to dick people for multiple copies of a book, but the versions are inherently different in practice and each has its own value.

      --
      It is pitch black. You are likely to be eaten by a grue.
    52. Re:Audio books are worth more than e-books by ravenshrike · · Score: 1

      This only applies if the author is doing the one reading.

    53. Re:Audio books are worth more than e-books by ravenshrike · · Score: 1
    54. Re:Audio books are worth more than e-books by Count+Fenring · · Score: 1

      Yes, Baen 'embraces' the e-book market; with a subscription model, and with texts that have been in print for a long time, as a promotional tool to drive paperback sales (The Baen Free Library).

      This isn't meant as a stab at Baen, by the way; I'm a big fan of them in general. But that's one of the more forward-looking companies, and they're still not genuinely moving into real, honest to god, "We sell you an e-book" sales.

      Here's an article I found really interesting by someone who was on the inside of the e-reader market the first time around. Link.

    55. Re:Audio books are worth more than e-books by Anonymous Coward · · Score: 0

      Audio books command a premium because, as you youself noted, they have a value beyond the text that is worth paying for.

      And that extra value is not provided by the author. It's provided by the reader. And if I have a software reader that does it for free, then the value may be greater, but the cost is the same.

    56. Re:Audio books are worth more than e-books by williamhb · · Score: 1

      There are no audiobooks sold for Kindle. What gets sold are plain text books, and the device (not even the book!) is bundled with a text-to-speech reader. It's not the same as audiobooks. This is also in no way a violation of the authors' copyright, or anyone's else - they still get paid in full for the copy of their book. Copyright does not restrict the means of the end user to interpret the text - whether it is simply read, or TTS used to read it aloud, shouldn't be of any concern of the author.

      No, this is greed, pure and simple. They could get away with charging extra for audiobooks, and they want to keep doing that; and now Amazon is pulling the rug from under that business model. So there's a lot of noise. But, gladly, Amazon and the customers have full right to just tell them to STFU, and that's what's most likely going to happen.

      It depends. It may well be that a court would decide that Amazon is not just selling the book but also an on-demand public performance (the performer being Amazon with the text-to-speech software being a tool used in their performance). Generally, the law does not allow for inanimate objects to take actions -- instead they are tools used by human or corporate actors. So, oddly, it may well depend on the license agreement for the software. If the software is "licensed" to the user but still "owned" by Amazon, then you could argue it is Amazon who is performing the reading (via the tool), not the user. That might infringe a performance right. If the software is actually owned by the end-user, then it is easier to argue that the user is conducting their own private performance, which wouldn't infringe a right.

      I am not a lawyer. Which is unfortunate, because otherwise I'd get paid handsomely for just this kind of silly logic chopping.

    57. Re:Audio books are worth more than e-books by mysidia · · Score: 1

      Can I record a Christopher Moore book myself and sell it for profit without permission?

      So what? You can't make lots of photocopies and sell those without permission either.

      On the other hand, if you bought a legitimate copy of the work, and sold the legitimate copy along with your recording, you could be on better ground, although the author may still hunt you down with a mob...

      The recording is just a copy of the work (even though it's on a different medium), you essentially made a backup or secondary copy of the work (the audio recording), and you are properly disposing of that copy by including it in the sale to the new owner of your legitimate author-issued copy.

    58. Re:Audio books are worth more than e-books by shutdown+-p+now · · Score: 1

      an on-demand public performance

      Can a performance truly be "public" if the audience consists of 1 person? I thought the very definition of public performance is ">N people hear it", where N is defined by the law. In this case, we rather have N private performances, which is quite a different thing.

      Of course, IANAL, and copyright laws haven't been sane lately, so you may well be right...

    59. Re:Audio books are worth more than e-books by profplump · · Score: 1

      First, unless there's some sort of audio recording or public performance involved, the "copy" in question is likely exempt from copyright protection merely be being a transient copy created in the regular use of the copyrighted work, much as you are allowed to copy computer programs from disk to memory in order to run them.

      Second, many types of private, personal use are exempted from copyright law under fair use provisions. You invented a rebuttal that included reproduction for third parties for commercial gain -- a more pertinent example would be "take a high-quality photo and store it in your photo album, never showing it to anyone else". But that isn't a very compelling example, so I can see why you wanted to distort the issue.

    60. Re:Audio books are worth more than e-books by profplump · · Score: 1

      First, you're acting as if Amazon is the first company to ship TTS software -- they're not. It's been built in to Apple's OSes since 1984, and commonly available in many other implementations for just about any OS that ever supported 8+ kHz audio output.

      And god forbid that you might someday go blind and need a screen reader, which is a commercial product designed *explicitly* to read copyrighted worked aloud. Using your logic I can't imagine how Sony and others have avoided litigation for such devices -- at the very least blind persons should need a license to posses devices with such high infringement potential.

      Finally, are you really suggesting that, because an output can be consistently reproduced given a certain stimulus, that it constitutes a lasting copy, and therefore a copyright violation if the original work is copyrighted? If so I'd suggest you turn off your monitor immediately, as your CRT is emitting this very web page -- a copyrighted work -- via AM radio, and will do so again anytime you view this page. (And I realize you may not have a CRT on at this moment, but it's hardly the only example of a transient copy being made, or even broadcast, in the course of the regular, private use of copyrighted material).

    61. Re:Audio books are worth more than e-books by Anonymous Coward · · Score: 0

      Can a performance truly be "public" if the audience consists of 1 person? I thought the very definition of public performance is ">N people hear it", where N is defined by the law. In this case, we rather have N private performances, which is quite a different thing.

      Hmm, I think in most places it depends on who is allowed to attend. In the Amazon case, it would be "whoever has paid for it" (whoever bought the Kindle) which would suggest to me that it is public as it's a purely financial relationship rather than, say, a family or a private members' club. For example, I don't believe that theatres get their rights fees refunded if only N punters show up.

    62. Re:Audio books are worth more than e-books by fr!th · · Score: 1

      My opinion in this matter can probably be summed up in a single word: Context.

      Clearly you are not arguing that the TTS service is as good as the human-read book, so in a rather strange way, you are agreeing with me :)

      The TTS system is capable of 'copying' only a single word at a time. I guess in your photo-at-art-gallery analogy, it would be like saying the individual pixels are infringing. Its not the pixels, its the context. The relation of one to another.

      And this is something that the TTS system simply cannot compete with - the words are given no contextual weighting, the sentence is simply a string of word sounds.

      I would expect that authors especially would find it particularly offensive to insinuate that their craft simply involves stringing words together. Its how the words *relate* to each other that is important, and this essential element is not reproduced by the TTS software.

      But publishers should be paying authors more, so we can have more quality books. I definitely agree with that.
      --

    63. Re:Audio books are worth more than e-books by RMH101 · · Score: 1

      Rubbish. The author will licence their work to be produced as an audiobook, and rightly expect a percentage back from the profits. If you're suggesting that once you've written a book, you lose all rights to it, then I'd counter by saying that the legions of knock-off audio books being sold at very low price (since all they've had to do is find someone with a nice voice and sit them in front of a mic for couple of days) would mean authors would not sell many paper books. End result? Less books get written.

    64. Re:Audio books are worth more than e-books by idlemachine · · Score: 1

      Are you suggesting that I have to pay different royalties to the author based on my intent to create said unicorn?

      According to some of the pro-writer posts here, if the writer is currently making money from paper mache unicorn versions of their book, then yes.

      I wish I could wrangle a way to be compensated for 100+ years for the work I do today...

    65. Re:Audio books are worth more than e-books by xorsyst · · Score: 1

      You might as well ask, why can't I do the following.

      1) buy one copy of the print version. 2) record an actor reading it 3) sell as many copies of the recording as I please and not pay the author a dime.

      furthermore to tighten the analogy, instead do this.

      4) for every audio-version I sell, I buy one copy of the paper or e-book edition.

      that way the author is getting the e-book roylaty rate and I'm pocketing the audio book rate.

      Clearly this is unacceptable.

      Hang on a moment cowboy - why is this unacceptable? It sounds reasonable to me, perhaps you can expand on why it isn't? The original author is pocketing the money for their creative input, you are pocketing the money for your added value of an actor reading it. What are you depriving anyone of?

      --
      Get free bitcoins: http://freebitco.in
    66. Re:Audio books are worth more than e-books by The+Cydonian · · Score: 1

      I had mod-points and was modding posts here, but heck: I find it _extremely frustrating_ when people don't read the article in question, or read it and misunderstand it entirely. Here's what Roy Blount Jr said:

      Audio rights are not generally packaged with e-book rights. They are more valuable than e-book rights.

      Basically, he's lamenting the certain death of audio-rights as an income-source when you sell e-book rights. Now you may call it immoral or greedy or whatever, but the argument is that Kindle 2 presents a lost stream of revenue for authors. I don't see this an unreasonable argument to make.

      This is not about copyright infringement folks, this is about selling the site of a future financial center for 60 guilders.

    67. Re:Audio books are worth more than e-books by The+Cydonian · · Score: 1
      Good thing then, that they aren't objecting to private performances, merely devices that create said performances. From the article:

      The guild is also accused of wanting to profiteer off family bedtime rituals. A lawyer at the Electronic Frontier Foundation sarcastically warned that "parents everywhere should be on the lookout for legal papers haling them into court for reading to their kids."

      For the record: no, the Authors Guild does not expect royalties from anybody doing non-commercial performances of "Goodnight Moon."

    68. Re:Audio books are worth more than e-books by commodore64_love · · Score: 1

      >>>Blount is just saying that publisher's need to charge kindle's e-book rights at a rate closer to audiobook rates. And if Amazon does not like that then they need to stop offering the audio conversion.
      >>>

      "You can't put the nuclear genie back into the bottle." Once it's out, it's out. Same applies to Ebooks. Even if amazon does stop providing text-to-voice on its Kindle devices, that won't stop the customers from implementing the software themselves:

      - Easiest method is to download the text off the net, copy it into a netbook, and then use Windows builtin text-to-speech software (or a downloadable freeware program)

      - Second easiest method is to rip the text directly from the Kindle and copy it to a speech-capable netbook.

      - Harder method is to hack the Kindle to run text-to-speech software directly.

      The president of the guild is trying to stop users from using already-existing technology, and his attempt will be no more successful than the whip/carriage manufacturers who tried to stop the sales of cars. You cannot put the technology genie back into a bottle once it has been released into the wild. People WILL run text-to-speech software.

      BTW:

      Most authors make lousy readers. I bought a Toni Morrison novel and she read it as if she were half-anesthetized. I demanded my money back, but of course I never did get it, because the RIAA doesn't stand behind the products they sell. Screw customer satisfaction.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    69. Re:Audio books are worth more than e-books by Anonymous Coward · · Score: 0

      Isn't the displayed text of the e-book also an "ephemeral copy"?

    70. Re:Audio books are worth more than e-books by FTWinston · · Score: 1

      Amazon is Paying e-book prices and selling them as audiobooks.

      Nope, they are providing a seperate process that converts them to audio in a non-permanent manner, akin to reading a book aloud. The only data they transfer is the text of the book.
      If I were illiterate, and bought a text-only book with the intention of having a friend read it aloud to me, should I have to pay the audiobook royalties? If not, then what if I scanned the book and ran it through text-to-speech, without saving the result? I fail to see how this is different.

    71. Re:Audio books are worth more than e-books by Dog-Cow · · Score: 1

      I seriously hope you're only playing devil's advocate. If not, I wish upon you the most horrible life imaginable for being such a backwards and idiotic piece of garbage.

      You are trying to argue that selling a tape player is the same as selling a pre-recorded tape.

    72. Re:Audio books are worth more than e-books by FTWinston · · Score: 1

      Can I record a Christopher Moore book myself and sell it for profit without permission? Nope. And I don't see how my doing that is defensibly different from my writing a piece of code (building a robot, if you will) to read it out loud.

      What distinction do you make (if any) between my creating an algorithm on a computer to turn text into audio, in a non-permanent fashion, and my creating an algorithm in my brain and vocal system to turn text into speech?

      If I have to pay royalties for every book I run through one, surely I should have to pay royalties for every book I run through the other, and thus pay extra to read a book to children.

    73. Re:Audio books are worth more than e-books by eck011219 · · Score: 1

      No, I'm arguing that selling a tape is the same as selling a machine that recreates that tape every time I want one.

      And while I appreciate your witty turn of phrase, I'm trying to debate a point here. Agree or disagree. Calling me names doesn't get us anywhere. Except now I know what you are.

      --
      It is pitch black. You are likely to be eaten by a grue.
    74. Re:Audio books are worth more than e-books by Kharny · · Score: 1

      Rights, simply as that.

      Same as movie rights for a book, the author has the right to decide by who and how his work gets used.

      Reading a book to your children, or whatever is a fair use right you have.

      Selling one version of a book(text), with a way to make another version of the same(audio) is/shouldn't be a fair use right.

      This is just Amazon abusing the cheaper ebook version to make a selling point.

      It could even be argued that the Author doesn't want his work "maimed" by such a conversion system. atleast not on a sales-level.

      In your own home, by your own means(non-commercially) is fine. Amazon abusing a grey area, not so fine.

      --
      Make a man a fire and he will be warm for a day, set a man on fire and he will be warm for the rest of his life
    75. Re:Audio books are worth more than e-books by mdmkolbe · · Score: 1

      Good thing then, that they aren't objecting to private performances, merely devices that create said performances

      And copyright law doesn't restrict those either. Copyright law only enumerates six rights that are exclusive to the creator (copying, distribution, derivative works, public performance, public display and public performance of digital audio) anything else is unrestricted(*).

      (*) DMCA adds other restrictions but violating those isn't copyright infringement but rather a separate crime.

    76. Re:Audio books are worth more than e-books by eck011219 · · Score: 1

      All good points -- I'll go along with a lot of this. All I would say in response to the word-vs-book argument (which is an interesting one) is that we also have to look at what it replaces. No, TTS won't produce a book read out loud as elegantly as an audiobook would. But it will produce something good *enough* for a lot of people, which will cut into profits that both publishers and authors can reasonably expect.

      Maybe, then, this is less of an infringement angle and more of an issue of lost earnings. But when the lost earnings are due to reuse of content, I think it gets into a very muddy area for everyone.

      But back to the context issue (I think I'm starting to argue on two fronts, and that's never a good sign). I guess you could also argue that use of single words or phrases falls into the category of fair use, which would mean that a book read via TTS could be 200,000 individual instances of fair use. But isn't the TTS function reading those words in a certain order? Doesn't that recreate the context you're talking about? If I arrange those pixels in such a way as to reproduce that painting exactly except for size and precise color matching (a good parallel to a book read poorly by an automated robot thing), can I now go out and sell it as postcards on the corner?

      I'm not trying to be belligerent -- I very much appreciate your post. It's an interesting angle, and contains the least amount of insults to me for my opinions. :) And I'm enjoying the debate. But what I'm noticing is that there's a clean break on this issue down Kindle fan vs. author lines. Not surprising, I guess, but a little alarming that neither side can see the other's point at all.

      Again, I have no issue with TTS deals being struck for every future book out there. I'm just concerned that existing works are being thrust into this new arena without any regard to the author or publisher. Kind of an Amazon staple, but this feels worse than some of their other actions.

      --
      It is pitch black. You are likely to be eaten by a grue.
    77. Re:Audio books are worth more than e-books by goombah99 · · Score: 1

      A copyright allows the denial of a particular use of the material. Example, GNU denies the right to redistribute GNU lic software unless you meet certain conditions, like opening your own source.

      --
      Some drink at the fountain of knowledge. Others just gargle.
    78. Re:Audio books are worth more than e-books by corbettw · · Score: 1

      Amazon also has the right to tell members of the Author's Guild they won't sell ANY of their books anymore if they can't sell digital versions on the Kindle. Considering Amazon's market share for book sales, I bet that would get them to STFU pretty quickly.

      --
      God invented whiskey so the Irish would not rule the world.
    79. Re:Audio books are worth more than e-books by xorsyst · · Score: 1

      Sorry, I meant from a moral standpoint, not a legal one.

      --
      Get free bitcoins: http://freebitco.in
    80. Re:Audio books are worth more than e-books by shutdown+-p+now · · Score: 1

      Basically, he's lamenting the certain death of audio-rights as an income-source when you sell e-book rights. Now you may call it immoral or greedy or whatever, but the argument is that Kindle 2 presents a lost stream of revenue for authors. I don't see this an unreasonable argument to make.

      I do. Oh, the statement that it's a lost revenue stream is true, of course. But it's unreasonable to expect it to remain. What it was is essentially a way to earn some extra bucks by licensing the rights to perform format shifting: because format shifting was not done by the end user, and the results were redistributed, constituting a derived work, they could legally charge for that. But when techological measures become sufficiently advanced for the user himself to do that, that revenue stream is gone, and rightly so.

      This is precisely the same as RIAA complaining that people rip CDs to MP3 for personal use - because they think it's their God-given right to make you pay for the CD and for the MP3. Which it isn't.

    81. Re:Audio books are worth more than e-books by shutdown+-p+now · · Score: 1

      Amazon also has the right to tell members of the Author's Guild they won't sell ANY of their books anymore if they can't sell digital versions on the Kindle. Considering Amazon's market share for book sales, I bet that would get them to STFU pretty quickly.

      It seems that it isn't even needed here, as publishers are quite happy to cooperate with Amazon on their present terms - probably because they understand that the end result is more books sold, and so more money for everyone involved (including authors, by the way)?

      Also, from what I understand, it's not the position of the entire Authors Guild. It's only one high-ranked guy trying to make a story of himself as a stalwart protector of the authors' rights, using a (what he thought to be) "populist" topic to do so.

    82. Re:Audio books are worth more than e-books by Jon47 · · Score: 1

      Agreed. A TTS program could never read the material with the same voice, cadence, emotion/gravitas/whatever, as the author or a professional voice actor with knowledge of the material could do. This is greed, but I understand that Roy Blunt, Jr. feels cornered wth many people claiming print media is a dying format (a point with which I strongly disagree, and looking at the prices of first edition classics on ebay should support me).

    83. Re:Audio books are worth more than e-books by shutdown+-p+now · · Score: 1

      A TTS program could never read the material with the same voice, cadence, emotion/gravitas/whatever, as the author or a professional voice actor with knowledge of the material could do.

      I do not think that it would matter even if it could, someday. The author was still paid for the copy of his creation in full - whether the end user uses screen to scan the text, or TTS to listen to it, or a direct neural link to upload it straight to his brain should be of no concern of the author.

    84. Re:Audio books are worth more than e-books by pugugly · · Score: 1

      Next up - getting reading your child a bedtime story classified as "Public Performance".

      Good lord.

      --
      An Invisible Entity of Vast Power whose existence must be taken on faith alone: Liberal Media
    85. Re:Audio books are worth more than e-books by pugugly · · Score: 1

      So, to sum up, authors deserve to special protection from changes in the value of their market because of new technology.

      I say "special protection" on the assumption that you don't feel the same way about other professions - if you do in fact believe we should protect every profession from changes in it's market value due to technology, by all means say so.

      Pug

      --
      An Invisible Entity of Vast Power whose existence must be taken on faith alone: Liberal Media
    86. Re:Audio books are worth more than e-books by miro+f · · Score: 1

      sorry but this is once again a ridiculous theory that laws exist to keep existing revenue models profitable. When PCs became popular I didn't see typewriter manufacturers asking for royalties. When DVD replaced VHS you didn't see lawsuits trying to stop the sale of DVDs.

      This is the honest truth that the publishers need to face. If TTS becomes good enough to replace audiobooks in the eyes of most consumers then that means the time for audiobooks is over. Technology improves, you either move with the times or get left behind.

      --
      being vague is almost as cool as doing that other thing...
    87. Re:Audio books are worth more than e-books by Jon47 · · Score: 1

      I respectfully disagree and here is why - People buy audio books and pay an incredible premium... I think the average $15 book is at least twice that on CD. Who knows how much of this goes to the author (or reader in the case where it's read by someone other than the author), but anyway.. I think there is value added in a professional audio rendition. The issue at hand is clear-cut to me because it's support for the disabled, but I imagine if the Kindle provided purchasers of a text copy of the book with a free version of the book-on-tape, we would all have a lot more trouble viewing Mr. Blunt as the tremendous prick he is. Hopefully, if the time ever comes when technology can dynamically generate a reading of the book as good as the author could do, the entire media industry will have already figured out how to sell their products in such a way that people want to buy it (maybe not so piecemeal..)

    88. Re:Audio books are worth more than e-books by shutdown+-p+now · · Score: 1

      I respectfully disagree and here is why - People buy audio books and pay an incredible premium... I think the average $15 book is at least twice that on CD. Who knows how much of this goes to the author (or reader in the case where it's read by someone other than the author)

      I repeat the question: why is this relevant? Why is the author somehow entitled to getting profit by selling the book twice in the same format?

      The reason why authors get to license audio books separately today is due to the way they are produced. An audio book is a recorded performance, which is derived work of the original manuscript; as such, the right to distribute said derived work is under control of the copyright owner - and rightly so. In the case of TTS, however, this is nothing more than format-shifting. I don't see how copyright restricts the end user from doing that, or a third-party (e.g. Amazon) from providing the user with the means to do that.

    89. Re:Audio books are worth more than e-books by Eskarel · · Score: 1

      Well, even presuming that an audio book and this were the same thing(which they aren't, by a long shot, there's a reason they pay people good money to read those books, it's skilled performance). Why should an author get paid twice for exactly the same thing. This isn't like an audio book where the author gets paid because the company doing the recording is making a profit off their work, it's an individual who has bought a legal copy of the book, format shifting that book into audio format.

      There may be something not quite right about the way that Amazon is handling/advertising this and there's plenty of things that are not quite right about amazon. It's also possible that the royalties that authors are getting on e-books aren't what they ought to be. But charging twice just because someone "could" convert the document to audio book for their own personal use, is just BS.

    90. Re:Audio books are worth more than e-books by eck011219 · · Score: 1

      The author isn't getting paid twice, exactly.

      In a typical (though probably oversimplified for sake of argument) royalty publishing situation, the author gets paid an agreed-upon amount for writing the book. Then he or she gets a royalty payment for every unit sold. So that lump payment at the beginning only comes once, and every unit (be it audio, print, braille, skywriting, whatever) generates another very small royalty payment for the author. It's not really a double-pay situation like you're suggesting.

      As for the company selling the audio version (whether generated or recorded) making money, don't you think the price of the TTS function is rolled into the price of the Kindle? Amazon is a great many things, good and bad, but they're not the type to sell something without being deeply aware of a) its inherent value and b) its practical value (where the top edge of what a consumer will pay for it is). Lots of people wanted TTS on the Kindle, so they added it to this version. If lots of people ask for it and it's not included in the new device, those people will expect to pay a little less. So Amazon is making money by selling the TTS feature, even if it's just rolled into the total price.

      (My argument is weakened in this particular case as there is a large segment of the population that will buy a Kindle for whatever price it's sold for [within reason], and there's no real industry standard price yet for this type of device. Still, bear with me.)

      No, the quality isn't the same as an audiobook. And no, the ultimate money-making potential of the lumped-in cost of the TTS feature doesn't equal that of selling a totally separate audiobook. But I think the Authors' Guild makes a valid point in that whether it's a penny or a dollar, Amazon has started selling existing content in a different form (call it audiobook or call it something else, it's louder than a paperback book and I can use it in the dark) without compensation for the author. Whether you think it's a source of financial ruin for authors or just the principle of the thing, both seem to me to be valid reasons to insist that Amazon not be so cavalier about it.

      --
      It is pitch black. You are likely to be eaten by a grue.
    91. Re:Audio books are worth more than e-books by Jon47 · · Score: 1

      yeah, your right.

    92. Re:Audio books are worth more than e-books by Eskarel · · Score: 1

      And if they're royalty fees for e-books aren't high enough because an e-book has a higher value than they thought, that's fine, they're free to try to renegotiate that if it's in their best interest(more sales == more royalties in the end).

      What they shouldn't get is an additional royalty fee because an e-book "might" be used in a TTS system, and that that TTS feature "might" cause someone who would otherwise have bought an audio book to not buy one.

      This isn't an audio book, it isn't two sales, it's one sale, based on whatever royalties agreements they have on e-books. An e-book could always have been used in a TTS system so this isn't a new possibility. A lot of things have to change in business models to deal with the new way of things. Instead of doing that, a lot of people, this guy included, want to use the old rules in ways which don't apply. This is not a separate sale, and so there should only be one payment, what that payment is what might be is where the question lies.

  68. Re:NYT? The irony... by blueforce · · Score: 1

    Not to mention that audio books are, in most cases, more expensive than paper books.

    --
    If you do what you always did, you get what you always got.
  69. BS by commodoresloat · · Score: 1

    Decent TTS in a widely-used device will basically kill the audiobook market, and authors should be compensated in some way for the revenue lost there. What's wrong with that?

    Two things are wrong:

    (1) There is no need to compensate authors or any other businesses for revenue lost because of an obsolete business model.

    (2) You're just wrong that this will kill the audiobook market. Until these devices can read the book in the author's own voice, audiobooks won't be going anywhere soon. Part of the thrill of many audiobooks is hearing the voice of the writer. The other benefit of that, of course, is being able to hear that an author like President Obama is tired of your motherfucking shit.

    1. Re:BS by Sj0 · · Score: 1

      I just died from the unhealthy amounts of win surrounding that link.

      --
      It's been a long time.
  70. chainjack by Anonymous Coward · · Score: 0

    Has anyone considered that this is an advertisement for the kindle? Step 1: Make big stink about kindle stealing profits. Step 2: Watch people go out and buy kindle (because people like to steal stuff). Step 3: Profit from higher e-book sales.

  71. Re:Authors or Book Sellers: Which do you like more by sweatyboatman · · Score: 1

    That's only if you take the pure AI approach. That would be sweet, but isn't really necessary.

    If you have a machine voice that can mimic emotional tones (which is what Blount was worried about) then it's just a matter of adding information to the e-book encoding to cue the machine reader where to apply what tone.

    Plop some underemployed english major in front of a computer and have him encode all the Context you like. Sure it's not going to beat a trained actor, but I bet it'd be a hell-of-a-lot cheaper and faster to produce.

    --
    It breaks my pluginses, my precious!
  72. Here's your reality check by goombah99 · · Score: 3, Interesting

    Decent TTS in a widely-used device will basically kill the audiobook market, and authors should be compensated in some way...

    This is only true if you assume that there are people out there who would buy both the eBook AND the audio book if there was no TTS. Otherwise eBook sales aren't causing a loss of sales in the audio book market, they are merely replacing those sales.

    I own a few books as audio books (usually bought before a long drive somewhere), and even in the cases of the really good ones, I've never felt a burning desire to buy the book again in print.

    E-books sell for less than half to a quarter of audio book CD prices and fewer copies are sold. the ratio is enormous-- the Audio book market is 1000 times larger than the e-book market.

    hence replacing 1-for-1 an audiobook with an e-book would cut the income by 1/2 or 1/4. Moreover if the author reads his own book, then his roylaties are even higher so the loss is maginified further.

    you might wonder why then a publisher would be willing to sell if it represents a loss of revenue. The answer is that the e-book publisher and the audio book publisher are not the same person. the audio book publisher might be horrified that his sales are canialized by cheap e-baook sales, but from the e-book publisher's point of view it's a chance to expand their market 100 fold.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:Here's your reality check by nabsltd · · Score: 2, Interesting

      E-books sell for less than half to a quarter of audio book CD prices and fewer copies are sold.

      I don't believe this.

      I can get almost every audio book for $9.99 each (though things like audible.com subscriptions), and I can't believe that equivalent eBooks are $2.50. A quick check shows that this is true, as eBooks are between $5-15, depending on the title. Compared to MSRP for CD-ROM audiobooks, the eBook might be 25%, but not to real-world prices for the content.

      And, although audible.com does have DRM, the PC software they provide will burn a book to CD-ROM to turn it into a normal, non-MP3 audiobook that works in 100% of CD players.

    2. Re:Here's your reality check by Anonymous Coward · · Score: 1, Interesting

      You are looking at the price of the books. the price of the books might be only 25% more. But the earnings are higher (price-cost). For each book sold the authors and publisher get more for audiobooks than for e-books. A large fraction of the cost is the distribution and retail costs which is subtracted from the revenues before the author and publisher every see the income.

      Additionally Why do you think e-books sell for as much as they do? Do you think it is because perhaps they are trying to avoid cannibalizing print and audio book sales?

      I'd bet if they can sever the e-book and audio book rights as blount wants, they can reduce the cost of e-books quite a bit

    3. Re:Here's your reality check by mrchaotica · · Score: 1

      Here's the ultimate reality check: Copyright only exists in the first place to benefit society, not the author and certainly not the publisher (who, after all, was only a middle man anyway). If new technology benefits society at the cost of publishers, well then they can just go fuck themselves. They have no right to complain!

      If copyright holders are dissatisfied with the deal society gives them, then they're free to reject it and allow the works to revert to the Public Domain. It's that simple.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  73. Similar to the Translation problem by Odinson · · Score: 1

    This is totally awesome. I am going to run out and join the authors guild immediately. They will protect me from my vicious double dipping fans!!!

    NOT.

    Creative commons has an interesting problem. How do you allow translation of an open work, without allowing someone to undermine the original text through dubious translation? In other words allow other language translations, but not "modify." It looks like there is a project to set up a consensus on translation. A system by which translations would be performed by the same process from work to work.

    http://wiki.creativecommons.org/Translate

    So I wonder, isn't an automatically generated audio reading, just another translation? Is spoken language to text or vise versa a translation, or is it literally the same text? How about other languages? Dialects?

    If all translations are really just a complex substitution problem that can be performed by the reader, does it benefit society to pay for services they didn't receive for a product they already paid for?

  74. Did anybody actually READ the article? by Garwulf · · Score: 1

    The comments really are revealing here, but not in a positive way. The summary itself is inflammatory, stating that a clarification of the Guild's position is a "rant" with the author "moaning" - and I haven't seen a single comment modded up here that suggests that anybody actually READ the piece.

    First of all, the issue here is not that reading aloud is copyright infringement - it isn't, and Blount explicitly says so. The issue here is as follows:

    1. Audiobook rights constitute a separate right from e-book rights in copyright law.

    2. Amazon is advertising that the Kindle 2 has the ability to effectively generate an audiobook from the e-book, and using that as a major selling point.

    3. Amazon is not buying audiobook rights, even though they are generating an audiobook performance for commercial gain.

    All of this was clarified in the article - which apparently nobody read. Now, whether a computer-read book constitutes a full audiobook is a tricky matter, but we're not talking about software reading to the blind here - in fact, Blount specificially states "In fact, publishers, authors and American copyright laws have long provided for free audio availability to the blind and the guild is all for technologies that expand that availability. (The federation, though, points out that blind readers can't independently use the Kindle 2's visual, on-screen controls.) But that doesn't mean Amazon should be able, without copyright-holders' participation, to pass that service on to everyone." What we're talking about is the ability to create an audiobook being advertised as a selling point to sell more Kindles, without the audiobook rights having actually been acquired by Amazon.

    What will be determined - and with technology advancing, it is an issue that does need to be hashed out - is whether a computer generated audio reading of a book on a commerical e-book reader constitutes an audiobook performance. Sadly, that's not what's being discussed here. Pity, as this is one place where there could be a fruitful and intelligent discussion on that.

    --
    Robert B. Marks
    Author, Demonsbane in Diablo Archive
    1. Re:Did anybody actually READ the article? by Anonymous Coward · · Score: 0

      you love nigger dick as much as blunt. I buy the text, I do what I want with it.. go fuck yourself kthnxdie

    2. Re:Did anybody actually READ the article? by SpinyNorman · · Score: 1

      1. Audiobook rights constitute a separate right from e-book rights in copyright law.

      What exactly are you referring to?

      Unless the licence Amazon obtains for it's Kindle books explicity disallows reading aloud, or explicity withholds all rights other than specifically displaying on screen, then I can't see there's any legal basis to say they can't do so.

      If the authors guild wants to suggest it's members insist on different licence terms, or different pricing, for FUTURE licencing for Kindle, that's a different matter, and it'd be mildly interesting to see what that does to Kindle or Kindle e-book sales.

      The Kindle reading an e-Book certainly doesn't infringe on any other audiobook performance of the same title since it's a different performer/performance, not derivative in any way.

      The article doesn't even suggest there's any legal basis to their wanting more money - it just says that the Kindle's ability to read aloud adds value to Kindle e-book titles, and they want a slice of that pie. Understandable for sure (who doesn't want more money), but unless Amazon is doing something illegal then all they can do is charge more in the future (and hope they don't kill sales and their own royalties by doing so).

      Naturally IANAL.

    3. Re:Did anybody actually READ the article? by maxume · · Score: 1

      I would argue that the TTS feature in the Kindle2 is more akin to a lamp than it is to Amazon generating an audiobook. It lets the reader use the text in a wider variety of circumstances.

      If special books with glow in the dark text were sold, would people be arguing that readers should not be able to use a lamp to read the normal version at night?

      --
      Nerd rage is the funniest rage.
    4. Re:Did anybody actually READ the article? by Anonymous Coward · · Score: 0

      You can't expect anybody on Slashdot to actually read and understand the other side. Kneejerk reactions are the rule, not the exception.

      Go with the flow.

    5. Re:Did anybody actually READ the article? by russotto · · Score: 1

      First of all, the issue here is not that reading aloud is copyright infringement - it isn't, and Blount explicitly says so. The issue here is as follows:

      1. Audiobook rights constitute a separate right from e-book rights in copyright law.

      There's nothing in the statutes specifically about audio books. The usual audiobook right is a combination of the right to create an audio recording based on a literary work (by having someone read it), and to then reproduce and distribute that recording, which is a derivative work of the original literary work.

      2. Amazon is advertising that the Kindle 2 has the ability to effectively generate an audiobook from the e-book, and using that as a major selling point.

      No. They are advertising that the Kindle 2 can perform text to speech on the books, thus reading them out loud. No audiobook is generated in the process, unless you record the output from the Kindle (and that's your responsibility, not Amazon's)

      3. Amazon is not buying audiobook rights, even though they are generating an audiobook performance for commercial gain.

      A) Amazon is not generating a performance. The user of the Kindle is.
      B) Private performance rights are not reserved to the author of a copyrighted work, not even when the private performance is done for commercial gain. If I can pay Patrick Stewart to come to my house and read my copy of "The Lord of The Rings" to my family, neither he nor I has to pay the Tolkein estate a thing, no matter how much I pay him.

      All of this was clarified in the article - which apparently nobody read. Now, whether a computer-read book constitutes a full audiobook is a tricky matter,

      No, it's a simple matter. A computer-read book is not "fixed", therefore it is not a copy nor a phonorecord nor a derivative work. If it isn't done in public, it isn't a public performance. Therefore it is not an exercise of the rights reserved to the owner of the copyright.

  75. audio books are a performance by peter303 · · Score: 2, Insightful

    A well-done audio book will have emotion, nuances, voice changes, etc. Talking Text will be serviceable, but not especially interesting.

    In my town we have a group of experienced voice-readers who periodically perform reading books or plays in front of paying audiences. That effect is between a book and fully-staged play. Your imagination supplies the visual details. You can more easily concentrate on the words. You hear emotion and see it in the voice-reader's faces.

    Perhaps talking text will evolve in the future. I anticipate a "voice-markup" annotation that might suggest emotion, tone, gender, etc. to the reading computer. Music and screenplays do such now. In the distance future an A.I. reading computer will be able to figure these out.

  76. How they're read adds value too by phorm · · Score: 1

    But it still doesn't preclude selling audiobooks. A lot of people buy audiobooks because they like the way a particular person reads. I remember seeing plenty of books read out by actors (Lemmon comes to mind). If granny has to choose between "nice sounding male voice X" and "computerish sounding person X", she'll probably still stick with the audiobooks. Not to mention that those buying kindles, with the exception of the visually impaired who supposedly aren't the target of this particular rant, aren't necessarily the audiobook types anyhow.

    There are plenty subtleties of a human voice that a computer isn't going to match any time soon. Speech patterns, accent, and tone vary greatly by narrator. The idea that the kindles are taking aware from the value of audiobooks is a bit absurd (unless you count to the impaired, which again are supposedly not the target of this argument).

  77. So... by Anonymous Coward · · Score: 0

    So, if I have a TTS read the lyrics of a song to me, do I owe the band money for that?

    Well, what if I had a TTS read the script of "Transformers" while I showed some shots of the movie? Would that infringe on Paramount's copyright?

  78. Re:Aren't audio books and TTS completely different by Ertman · · Score: 1

    Parent reading the bedtime story vs. Kindle2 reading the bedtime story is an interesting argument. Let's take it further - it's 100 years into the future and the android nanny is putting the kids to bed. Is it illegal for the nanny to read the bedtime story aloud? It's text-to-speech after all. This is like a really boring chapter of I, Robot...

  79. FSF has the same views as the Writers Guild by Anonymous Coward · · Score: 0

    Its funny though, in an email conversation with the FSF over audio reproduction (no recorded, TTS on the fly) of a GFDL work they said that it wasn't permitted via the license at all and I would have to get copyright permission directly from the author.

    Seems the FSF hates blind people too.

  80. This directly parallels the hulu/boxee story by Cajun+Hell · · Score: 4, Insightful

    Some people are saying that authors deserve to be paid for the audio. They're right. What they're forgetting, though, is that the authors are paid. Amazon paid for the e-book. The author whatever piece of that that they agreed would be fair. (Had they not agreed, all this talk about "copyright infringement" would be a hell of a lot less theoretical and Amazon's lawyers would already be scrambling and asking their client, "You did what?")

    It's not Amazon's fault that the writers sell the e-book so cheaply compared to audiobooks, just as it's not hulu's or boxee's fault that the video content providers sell video with a web browser framed around it, more cheaply that the same exact video without the web browser framed around it.

    Market segmentation is about fucking with people. Computers transforming the information you bought into a way that is easiest for you to use, is about getting un-fucked.

    I vote for the computer.

    --
    "Believe me!" -- Donald Trump
    1. Re:This directly parallels the hulu/boxee story by Anonymous Coward · · Score: 0

      Excuse me?

      Audio Books are *cheaper* than eBooks, not more expensive.

  81. Wrong. by Anonymous Coward · · Score: 0

    His real gripe is with the Kindle with which he has no direct relationship. Yes, Amazon happens to be a licensee, but he is only copyright as a lever to try to insert himself between Amazon and Kindle purchasers.

  82. Re:greed v. community spririt? by Lisandro · · Score: 1

    Why does this man hate blind people?

    Because he loves money, you silly!

  83. The Relavant Quote by tohoward · · Score: 1

    In his "rant" he finally gets to the real core of the issue:

    In fact, publishers, authors and American copyright laws have long provided for free audio availability to the blind and the guild is all for technologies that expand that availability. (The federation, though, points out that blind readers can't independently use the Kindle 2's visual, on-screen controls.) But that doesn't mean Amazon should be able, without copyright-holders' participation, to pass that service on to everyone.

    To this I say bullsh*t. I'm sorry, it's bad enough that you want to charge me the same damn price for an e-book as for a dead tree book, and then not give me the same rights with one as with the other*. Now you want to say that if I pay for a device with a particular function, I shouldn't be allowed to use it? I suppose I'm not allowed to read the damn book out loud now too? Or have someone ELSE read it to me out loud? 'Cause that's the BS you're trying to sell me, and dude, I'm not buying it.

    If I pay for a (fictional) device to put dead tree books in, and it OCR's them and reads them out loud, am I suddenly not allowed to do that either? What a load of crap. If technology really IS making "performance art" (i.e. books on tape) obsolete, then guess what...your product isn't worth what it used to be. Live with it. Once I've paid for my copy I'm done...if you come back and tell me any more of this kind of crap I just won't bother buying your product in the future.

    *Yes, yes, I have a ton of books from http://www.webscription.net/. I'm aware that at least they "get" it.

  84. WAAAAAAH!!! by kheldan · · Score: 1

    Would Mr. Blunt like a little CHEESE with his WHINE? Aren't audio books read and recorded by real live human beings? I know that speech synthesis has come a long ways, but it's STILL not as good as having a talented live person do a reading. Oh, and this thing from the previous story on this subject about reading it out loud also being an infringement for "public performance"? GTFO, dude! What, you're going to sue someone for reading to 95 year old Grandmas in the retirement home, who can't see well enough to read or can't hold the book up? You're going to sue Mom and Dad for reading to their kid(s)? Preposterous, stuff, and nonsense! Stop stealing pages from the RIAA's playbook, you schmuck!

    --
    Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
  85. TTS by fudgefactor7 · · Score: 1

    Doesn't Acrobat do TTS as well? Are they going to sue Adobe? MS makes a similar item for their usability suite....are they in the sights as well? Or are they being selective, knowing that they'd get hammered?...

  86. real issue- wrong approach by Gverig · · Score: 1

    The issue at hand is if Kindle 2 indeed has decent text-2-speech, it will be a market changer. If an author expects to get $X from a book and a publisher expects to get $Y from it, they lay out fees according to planned sales (different for each media). eBooks are chap to produce, inconvenient to read and a 'niche' market, thus licensing for those is cheap. Audio books get more and more popular (with mp3 players and services like Audible), have larger production costs (although pretty manageable) and expected income from those is much higher. Thus point he *should* have made is that if ebook eats into audio book sales, there should either be a separate royalty skew for "ebook with right to vocalize" or ebooks altogether should be skewed differently.
    Bottom line, there is clearly no violation today and if authors believe they are not adequately compensated, they should change licensing terms for future titles.

  87. And in Other News... by Nom+du+Keyboard · · Score: 1

    And in other news, grandmothers are being rounded up in droves for "reading" bedtime stories aloud to their grandchildren. Copyright infringement charges are starting at $150,000.00 per incident.

    Oh the humanity of it all!!

    Think of the children!!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  88. Wile E. Coyote Boomerang Throwing Champion... by rts008 · · Score: 1

    This nutjob has apparently been learning RIAA tactics, but not noticing the consequences.

    I hope he realizes[heh heh, yeah right] that the harder he throws this boomerang, the harder it's going to smack him when it comes back around at him.

    The best comment on writers dealing with the digital world I've read so far, has been by a successful writer himself. (one of my top 10 authors)

    Here is what Eric Flint has to say[excerpt from link]:

    Baen Books is now making available -- for free -- a number of its titles in electronic format. We're calling it the Baen Free Library. Anyone who wishes can read these titles online -- no conditions, no strings attached. (Later we may ask for an extremely simple, name & email only, registration. ) Or, if you prefer, you can download the books in one of several formats. Again, with no conditions or strings attached. (URLs to sites which offer the readers for these format are also listed. )

    Why are we doing this? Well, for two reasons.

    The first is what you might call a "matter of principle." This all started as a byproduct of an online "virtual brawl" I got into with a number of people, some of them professional SF authors, over the issue of online piracy of copyrighted works and what to do about it.

    There was a school of thought, which seemed to be picking up steam, that the way to handle the problem was with handcuffs and brass knucks. Enforcement! Regulation! New regulations! Tighter regulations! All out for the campaign against piracy! No quarter! Build more prisons! Harsher sentences!

    Alles in ordnung!

    I, ah, disagreed. Rather vociferously and belligerently, in fact. And I can be a vociferous and belligerent fellow. My own opinion, summarized briefly, is as follows:

    1. Online piracy -- while it is definitely illegal and immoral -- is, as a practical problem, nothing more than (at most) a nuisance. We're talking brats stealing chewing gum, here, not the Barbary Pirates.

    2. Losses any author suffers from piracy are almost certainly offset by the additional publicity which, in practice, any kind of free copies of a book usually engender. Whatever the moral difference, which certainly exists, the practical effect of online piracy is no different from that of any existing method by which readers may obtain books for free or at reduced cost: public libraries, friends borrowing and loaning each other books, used book stores, promotional copies, etc.

    3. Any cure which relies on tighter regulation of the market -- especially the kind of extreme measures being advocated by some people -- is far worse than the disease. As a widespread phenomenon rather than a nuisance, piracy occurs when artificial restrictions in the market jack up prices beyond what people think are reasonable. The "regulation-enforcement-more regulation" strategy is a bottomless pit which continually recreates (on a larger scale) the problem it supposedly solves. And that commercial effect is often compounded by the more general damage done to social and political freedom.

    It makes for an interesting read, seeing things from an author's perspective.

    *shameless plug*: some of my favorite authors I have found on Jim Baen's site. Lots of free stuff, and an easy way to buy the non free stuff, almost all books have sample chapters on line, good prices (books usually start at $4 USD), cheap subscription plan(monthly fee-read 'til your eyes bleed), etc.

    The only time I buy an actual, physical book is when I'm flying somewhere. (usually once every 3-4 years)

    --
    Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
  89. Value of a good narrator by Aereus · · Score: 1

    I think people are discounting the value of a good narrator. TTS is going to be monotone and not pause appropriately, etc.

    There are recent advancements in computer speech that can sound pretty good (Hatsune Miku from Yamaha's Vocaloid comes to mind), but it requires a lot of effort adjusting the tone and pitch variables. Otherwise it doesn't sound much different from Microsoft Sam. This is something you won't get from generic TTS.

  90. Roy is apparently not a Star Trek fan.... by decep · · Score: 1

    He just kept talking in one long incredibly unbroken sentence, moving from topic to topic, such that no one had the chance to interrupt him, it was really quite hypnotic.

  91. Why was this modded troll? MOD UP! by Anonymous Coward · · Score: 0

    Word - this is a perfect example of what's going on. If they don't put out things in a format people want to buy people will go to other means to get it in the right format.

    Mod parent up, +1 Insightful. I wish I had mod points...

  92. Mod up by Anonymous Coward · · Score: 0

    To me this is the most convincing argument

  93. The One Correct Solution by Nom+du+Keyboard · · Score: 1

    If you want the one correct solution it is to charge more for the Kindle version which runs on a Kindle and features TTS than for a regular eBook version. This way you collect money for the "dual use" feature of the book on Kindle.

    And Amazon then responds with a !TTS flag which flags works (at a cheaper price) for books where the TTS feature is disabled.

    But it's up to the author's to say that their work is more valuable when played on a Kindle and charge accordingly for it - not Amazon!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  94. Oh, come on. by Anonymous Coward · · Score: 0

    Audio book right are frequently sold separately from ebook rights.

    If you had purchased the rights to sell audiobooks for John Grisham for a million dollars, you'd be pissed, too.

    Perhaps contracts will be modified to account for dual purpose use, but for now, Amazon doesn't have the right to sell audio version of an ebook, that right has been sold to someone else.

    The quality is irrelevant, we all know it will be better soon.

    http://www.research.att.com/~ttsweb/tts/demo.php

  95. Whiner? by Anonymous Coward · · Score: 0

    Is this guy also President of the Buggy Whip Manufacturers Guild, by any chance?

  96. No, no, no... by Artifex33 · · Score: 1

    Mr. Blunt is just saying that instead we should all show our support and torrent our audiobooks from PirateBay.

  97. This is where you go astray by langelgjm · · Score: 1

    Blount is just saying that publisher's need to charge kindle's e-book rights at a rate closer to audiobook rates. And if Amazon does not like that then they need to stop offering the audio conversion.

    This is where you go astray. If Amazon doesn't like the higher rates, they should stop purchasing the rights. If they stop purchasing, the publishers will have to reduce rates to the point where they start purchasing again. This way, the rights are priced according to their actual value.

    In no case should Amazon be forced to stop offering text-to-speech capability. Merely including TTS technology itself does not constitute creating and distributing a derivative work (it's up to the user to do that). I am dead set against copyright holders meddling with the kind of technology others can and can't produce, though it does happen (see SCMS for one example). That's the sort of approach that will lead to the banning of the fast-forward button.

    On the other hand, copyright holders are free to try and license their works for a higher price if they think it has a higher value. If it really does, then Amazon and consumers will be willing to pay more.

    --
    "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    1. Re:This is where you go astray by Estanislao+Mart�nez · · Score: 1

      This is where you go astray. If Amazon doesn't like the higher rates, they should stop purchasing the rights. If they stop purchasing, the publishers will have to reduce rates to the point where they start purchasing again. This way, the rights are priced according to their actual value.

      Or e-books are not made at all, because nobody is willing to compensate the authors at the rate that the authors would minimally like to be compensated for e-books.

      In no case should Amazon be forced to stop offering text-to-speech capability.

      I'm sympathetic to TTS features in general, but I think your statement here is too strong. I can think of one exception that is perfectly fair: Amazon should not offer TTS in Kindle if its agreements with the content providers forbid it from doing so. If the content providers can successfully argue that the terms of their agreements with Amazon forbid the latter from offering TTS, then Amazon is in the wrong, period.

      Part of the problem here for Amazon is that they are both the licensee and the TTS provider. This wouldn't happen if the licensee and the TTS provider were separate parties, assuming then that the TTS provider wasn't be bound by the licensee's terms. So, for example, if there was a competitive market in e-book readers that could all use Amazon's Kindle format, then those reader manufacturers would be absolutely free to provide such a feature.

    2. Re:This is where you go astray by langelgjm · · Score: 1

      Or e-books are not made at all, because nobody is willing to compensate the authors at the rate that the authors would minimally like to be compensated for e-books.

      All that means is that at the given price, demand is zero. Which means that the price is too high.

      I can think of one exception that is perfectly fair: Amazon should not offer TTS in Kindle if its agreements with the content providers forbid it from doing so.

      But that's a contractual obligation. Sure, if publishers can manage to get Amazon to sign a contract saying that, go for it. What I want to stress is that this is not the place for legislators to come in and say "No one shall produce a device both capable of displaying e-books and offering TTS capability because of concern for copyright law."

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
  98. Re:Authors or Book Sellers: Which do you like more by Sj0 · · Score: 1

    Here's my problem. The Roman alphabet and the english language is a phonetic system where a series of sounds are represented by symbols. Therefore, when you buy a book in the english language, you're buying a very long set of data designed to represent a long series of sounds. How is creating a device to reconstitute that series of sounds into a sound stream for a legitimate (and paid) end-user a violation of that, while reconstituting it by looking at the symbols and recreating the sounds yourself not a violation of that?

    Amazon isn't distributing audio files or derivative works. They're distributing the original work in it's original format as provided by the writer, and they happen to be distributing a second, separate device which can automatically convert this original work into the series of sounds they're meant to represent. It seems to me like if this interpretation is to be accepted, every MP3 player on the planet is evil because it too converts a medium meant to represent sounds into.....sounds!

    --
    It's been a long time.
  99. Like they should worry by michaela · · Score: 1

    The Author's Guild should just give it a rest.

    Having just received my Kindle 2 and trying the TTS in it, nobody is seriously going to use TTS on the thing. Think robot voice with no cadence or inflection. I've worked phone menu trees with more personality.

    --
    That is all.
  100. Not when it's a global market for labour by Anonymous Coward · · Score: 0

    Just outsource your sorry ass to cheap immigrant labour or to an outsourcing company in budapest.

    1. Re:Not when it's a global market for labour by qbzzt · · Score: 1

      Just outsource your sorry ass to cheap immigrant labour or to an outsourcing company in budapest.

      And a union is going to protect me how? By making me more expensive to employ?

      If you can find the cheaper workers in Budapest, then somebody will attempt to provide the service using those workers. It can be my current employer, or it can be somebody who competes with them. Either way, my job is at risk.

      Sorry, but that's life. Customers want things to be cheap.

      --
      -- Support a free market in the field of government
  101. Re:Authors or Book Sellers: Which do you like more by Anonymous Coward · · Score: 0

    (Right now it sounds like a computer, but in five years, TTS may advance enough to make audio books a thing of the past.)

    Are you kidding? Text to speech has been around for 25 years. It hasn't advanced _at all_ in that time period. The "super advanced" text to speech devices use pre-recorded words and phrases, and the emotions are all wrong when strung together. Elements like pauses, word pacing, volume, these are important to an audio book, and they are a LONG ways off.

  102. It will also be shorter by Anonymous Coward · · Score: 0

    So how come we don't get a rebate on the partial reproduction of the original text works?

  103. Voice intonations by damaki · · Score: 1

    This is total bullshit. TTS is fine to read a small text, but it does not guess intonations. With a real voice actor, there is an added value, an interpretation, but automated TTS is just like asking to your 10 year old little brother to read the text. It may be practical but it's artistically zero and will damage the text.

    --
    Stupidity is the root of all evil.
    1. Re:Voice intonations by Jarik+C-Bol · · Score: 1

      as one reviewer said, the text to speech has its special and unusual inflections, which, combine to make it sound oddly like a Norwegian with english as a second language, and with a speech impediment reading your book to you. replace voice actors my ass.

      --
      I've decided to Diversify my Holdings. I've divided my cash between my left and right pockets, instead of all in one.
    2. Re:Voice intonations by geekoid · · Score: 1

      For now, yes. But that is changing.
      Hell I can see ebooks with an XML that indicates intended inflection and the and a automated reader picking up on that.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    3. Re:Voice intonations by damaki · · Score: 1

      You know, you've just exactly put the finger on what would make TTS royalties relevant.

      --
      Stupidity is the root of all evil.
    4. Re:Voice intonations by cdrguru · · Score: 1

      The problem is people are easily faced with a clear choice: quality at a price or free crap. History proves free crap wins every time, hands down.

    5. Re:Voice intonations by Jarik+C-Bol · · Score: 1

      stupid history. always working against me. I personally prefer to pay for the good shit, and skip bitching about the useless free crap. Looks like I'm the odd man out on this one.

      --
      I've decided to Diversify my Holdings. I've divided my cash between my left and right pockets, instead of all in one.
  104. Re:Authors or Book Sellers: Which do you like more by sweatyboatman · · Score: 1

    Quick tip, the Authors Guild is not talking about an "end-user" violation. The Authors Guild doesn't want anything from you, they just want more money from Amazon.

    A valid argument against this move by the Authors Guild would be that by slimming Amazon's margins the authors are biting the hand that feeds them.

    The counter argument would be to point to what happened to screen writers with the conversion from VHS residuals to DVD residuals. When DVD supplanted VHS, the writers got screwed.

    New mediums (like Kindle) make artists' work MORE valuable. In which case, it's not unreasonable for them to expect to make more money.

    In any case, the end user/consumer really doesn't have a stake in either position.

    --
    It breaks my pluginses, my precious!
  105. Re:Authors or Book Sellers: Which do you like more by jrumney · · Score: 1

    If you add information to the ebook, you are creating a derivative work.

  106. Anonymous Coward by Anonymous Coward · · Score: 0

    TTS killed the audiobook star... *hums song*

  107. If authors want more money... by RoFLKOPTr · · Score: 1

    ..... why did they decide to become authors? It's a pretty well-known fact that becoming an author full-time, while fun if you like writing, is a pretty poor financial decision.

  108. By "Guild" do you mean ... by neilobremski · · Score: 1

    The Guild of Calamitous Intent? Ah! Now it makes sense!

    --
    -- NeilO
    1. Re:By "Guild" do you mean ... by geekoid · · Score: 1

      Nice... Best evil guild ever.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  109. I wonder if this is legal by kenj0418 · · Score: 1

    So, what if I hire one of the recently unemployed to read the book aloud while sitting next to me? Is that a copyright violation?

    How about these idiots let me use my content the way I want to use my content - so long as I don't redistribute it?

  110. Man whine becasue of his out moded by geekoid · · Score: 1

    business technology; news at nine.

    This si still the begininng. Not to long from now actors will start to be replaced in large scale.

    The actirs guild will have a fit, and probably demand the animated characters be part of the guild.

    The time of audio books is coming to an end.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  111. Re:Authors or Book Sellers: Which do you like more by geekoid · · Score: 1

    I prefer the death of prerecorded audio books and the authors guild gets it's cut for each purchased ebook.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  112. I get my info from my IP law book and class. by Anonymous Coward · · Score: 0

    Whether you call it audio rights, which means the right to perform the work orally, or an audio performance, you're talking about the same result and the same thing. Let's not let semantics bog us down.

    Yes, it's semantics, but it's also important. If "audio rights" is used in the same sense as "movie rights", then "audio rights" means the right to produce a derivative work. If "audio rights" mean the right to publicly perform the work, that is a different right in the eyes of the law.

    Once again, courts have determined that the use of player pianos constitute a performance.

    If you're referring to White-Smith Music v. Apollo (which, as described by my IP law prof, is recognized as "one of the worst Supreme Court decisions ever"), the court found that piano rolls didn't constitute copies of sheet music. This in turn led Congress to pass a new copyright act. In any case, read on for why this isn't relevant to the Kindle.

    In the exact same way, the use of the Kindle 2 to translate text to an audio format constinues a performance.

    Yes, it constitutes a performance. It does not constitute a public performance, unless it's done in public (thus my auditorium example). 17 U.S.C. Sec. 106(4) is very clear that there is an exclusive right to public performance, not to performance in general.

    Of course the pianos were not sued.

    Fair enough, I was just being pedantic here :-)

    God, I wish people who knew nothing about the law would simply stop smashing their fingers. The copyright on the book is fixed. The book was written down and is sitting on a shelf someplace in a fixed state. God, why are you wasting our time on this BS?!

    The copyright (on the original portions) of a derivative work is separate from the copyright on the original work. 17 U.S.C. Sec. 103(b). TTS can't constitute a derivative work, because it's not fixed, which is one of the fundamental requirements of copyrightability.

    If we agree, then what are we arguing about?! . . . For Amazon to pay for the audio license. God, was that so hard?

    No, I'm saying that Amazon doesn't need a license for audio rights, and that their current e-book license gives them the right to include TTS technology with the Kindle, and that perhaps the e-book license should be more expensive.

    Because what you know about copyright law comes from what you've read online. Everything you read on line is not true. Seriously.

    Funny, I could have sworn that what I know about copyright law comes from my IP law book and the lectures I've attended at the law school.

    In any case, I can't waste any more time on /., I've got reading to do for tomorrow :-)

  113. 17 USC 121(a) by tepples · · Score: 1

    So what, do they want proof of blindness before the speaker is activated?

    Yes. See 17 USC 121(a) (with my emphasis): "Notwithstanding the provisions of section 106, it is not an infringement of copyright for an authorized entity to reproduce or to distribute copies or phonorecords of a previously published, nondramatic literary work if such copies or phonorecords are reproduced or distributed in specialized formats exclusively for use by blind or other persons with disabilities."

    There is no user test for blindness that can't be passed by a sighted person with their eyes closed (no pun intended).

    People who malinger in order to gain access to equipment for playing phonorecords of copyrighted audio books designed for blind people without a qualifying disability are likely committing fraud.

    Even if it had the hardware, there's nothing to prevent a sighted person from learning braille, and even if blind people had electronically readable disability identification cards, it can't prevent a blind person from using it in the presence of sighted people or a microphone.

    Technologically it can't prevent an analog hole attack, but legally it can: "Copies or phonorecords to which this section applies shall -- (A) not be reproduced or distributed in a format other than a specialized format exclusively for use by blind or other persons with disabilities".

    You can however create a device that converts sighted people into blind people (lasers), thereby authorizing them to hear their books.

    Such a device would probably violate laws in all fifty states.

    1. Re:17 USC 121(a) by HTH+NE1 · · Score: 1

      Rights holders believe that if your software cannot enforce the law, then your device violates the law. They don't get that the code of law punishes after the crime is committed and expect the code of software to instead prevent the crime.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
  114. The following persons are eligible for service by tepples · · Score: 1

    How do I acquire such a free audio copy? Do they demand medical proof of blindness?

    Apparently so. I wrote another comment that analyzes the statute in question.

  115. But who has whom by the balls? by tepples · · Score: 1

    If you add information to the ebook, you are creating a derivative work.

    And if you as a publisher refuse to provide a license to Amazon for adding emphasis markup to books, it's likely that Amazon will drop you from Kindle and/or lower the ranking of listings of print copies of your works, and you will get 0 sales and 0 royalties.

  116. Choose one by cdrguru · · Score: 1

    Audio books or free TTS on Kindle and other devices. Period.

    Pre-made audio books have to die if there is no revenue and there will be very little with this sort of thing.

    Next question: Can I record the output of Windows or a Kindle and sell that to people to play in their cars? If copyright means nothing, why not?

  117. Re:Authors or Book Sellers: Which do you like more by db32 · · Score: 1

    Well the RIAA engages in similar shenanagins crying "for the artist" when really they just want to pocket the money themselves. So rather than supporting RIAA artists many people have decided to only do business with artists on independant lables.

    Technology can read for us now instead of a human. So...should accountants be sueing quickbooks or GNUcash for taking away some of their business because those programs can automate a great number of accounting functions? This is complete and total bullshit. What if I have streaming media of me reading all the information I add to my website and charge for that stream? Should I be able to sue Apple or Microsoft or some group of developers for daring to build a computer that would read those same contents itself?

    When the AG decides to go to bat for people who purchase e-books and their right to resell them to someone else because that is what you can do with books I will take them a little more seriously. They seem perfectly happy with destroying the used books market threat using e-books, but when a device starts reading that e-book they cry foul? Fuck em!

    --
    The only change I can believe in is what I find in my couch cushions.
  118. Exactly what we need by WizADSL · · Score: 1

    This is the exact kind of case I've been waiting for! The claims being made against the Kindle are SO ridiculous that EVERYONE will realize this is idiotic. BTW, where are the advocacy groups for the disabled on this one?

  119. What a shame by Anonymous Coward · · Score: 0

    When the RIAA started their lawsuits and I became more familiar with their of anti-democratic tacts I started using (and encouraged others to use) "aternative" methods for obtaining their content. This was for me civil disobedience, a protest and an attempt to harm an evil that acted above the law.

    I am an avid reader and buy several books a week, either physically or down to my Kindle. This op-ed has me concerned that by doing so I am funding another organization intent on abusing it's lobbying influence and position of strength (relative to the individual consumer) in an attack on what should be obvious rights for the individual. I will investigate further, but I know that if the Author's Guild continues down this path I will be forced to stop buying their member's books.

    I will still read their books. Any book one could want is easily obtainable through other means. Will I feel guilty about not compensating authors I love and enjoy for their work? Absolutely! However maybe this will lead to them reconsidering their professional affiliations. How guilty can one feel about not giving money to people who support the evil works of organizations intent on destroying individual liberties in the pursuit of selfish enrichment? Screw em.

  120. TTS is an important accessibility feature by tobrien101 · · Score: 1

    Skipping over the already well-discussed audio rights issue, let me rant about access for the visually impaired. Blount's arguments in the Times' OIp-Ed in regards to the lack of accessibility of the Kindle 2 to the blind were flawed. I hope that he is only ignorant, rather than disingenuous. Blind people have a variety of visual impairments and varying levels of functional vision. I have enough functional vision to read the Kindle with low vision glasses for short periods of time. Supplementing this with text-to-speech makes the Kindle pretty damn near the ideal accessible reading device for me. So dismissing the accessibility implications with a glib rephrasing of his conversation with the NFB is both misleading and unjustified. I do not want to be stuck going back and forth between devices for the profoundly blind and my tiny-fonted iPod for the rest of my life. I have posted this discussion in more detail on my blog: http://www.timobrienphotos.com/2009/02/blount-bluntly-dismisses-the-blind-on-the-nytimes-op-ed-page/.

  121. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  122. About "Performances" by Anonymous Coward · · Score: 0

    Were there no protection to authors against performances of their works, then, e.g., someone could just take their books, record performances of them, and sell copies of those recordings royalty free. The authors would get nothing, which most of us will agree is bad.

    However, in this case, the Kindle will generally be "performing" only for the person who has already purchased a copy of the book. In other words, the author still gets compensated. Where the Kindle's TTS output is used to "perform" to lots of people, there are laws in place to deal with that, already. So basically, there's no case here even if we agree that the Kindle creates a "performance."

  123. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  124. Clearly Guild will lose to violating the ADA by lpq · · Score: 1

    There is an Americans with Disabilities Act that gives various rights and exists to promote speech-enabled applications. Machines/tools to 'read' text, via software, aloud have existed for years. Attempting to limit such software would be an attempt to discriminate against blind or sight-challenged individuals. IANAL, but it might require such a disabled person to file a complaint -- but that seems excessively anal...

  125. Re:Authors or Book Sellers: Which do you like more by Puffy+Director+Pants · · Score: 1

    It may be a bit hard to grasp why the authors are concerned about Amazon's actions, but it's not at all like opposing MP3 players because they play sounds.

    But simply being a bit concerned because the easy copying of digital music may have an impact upon your ability to sell copies of your music?

    I'm pretty sure that's easy to understand.

    Similarly, some authors are concerned that Amazon's Kindle TTS foreshadows an impact upon the audiobook industry, and given that we do respect the rights of creators of intellectual property at least for a period of time, it's worth listening to their concerns.

  126. Re:Authors or Book Sellers: Which do you like more by Anonymous Coward · · Score: 0

    So the question is: Which do you like more? The people that write the books or the people that sell you the books?

    It shouldn't matter who I like. Rather than:

    When it's really the far more neutral "The Authors Guild vs. Amazon.com".

    ...it's: "The Rights of the People vs. Those Who Want to Take Away those Rights".

  127. Reading's not that easy by DNS-and-BIND · · Score: 1

    I live overseas, and one of the odd jobs that comes to foreigners like me is reading English transcripts for promotional videos and such. It's actually not easy to sit there and read aloud for minutes at a time. Not saying the Author's Guild guy isn't off his rocker (he's just defending his industry, natural behavior) but it's a pain. It's also quite slow compared to reading silently.

    --
    Shutting down free speech with violence isn't fighting fascism. It IS fascism!
  128. The Kindle Swindle by CodeBuster · · Score: 1

    I have heard Richard Stallman talk about the "Kindle Swindle", but this is really quite ridiculous. If I checked out a book from the library and then hired someone to read that book to me out loud then would I be infringing the copyright of the original author? If the reading took place in a public place then maybe, but what if the reading took place on private property and admission wasn't charged? For example, suppose that a book of poetry was read out loud by an actor hired for the purpose at a private party? Consider also that the TTS, as advertised by Amazon, shows the use of headphones so that the text is always read back privately to the owner of the Kindle and not over externally audible speakers or at least not through speakers built into the Kindle. IMHO, there is no infringement of copyright for using TTS to render text in audio and particularly so when the recitation is privately and quietely enjoyed. The Kindle may be a swindle, but with extra payments for audio playback it would be even worse.

    1. Re:The Kindle Swindle by freedom_india · · Score: 1

      IANAL, but if i were Guild Lawyer and you bought a book and allowed someone else to read it to you, you are violating half-a-dozen copyright laws here.
      First of all books are private things. One copy==one person at a time.
      one copy==two persons is theft, stealing, making illegal copies, violating paper DRM, reproducing without authors written permission, robbery.
      You and your reader can goto jail for as long as 99 years under current US laws.
      So?
      DO NOT BUY BOOKS.
      If enough people stopped buying books, (like they stop buying music), The Guild will eventually realize this.

      --
      "Doing what i can, with what i have." ~ Burt Gummer
  129. Re:Authors or Book Sellers: Which do you like more by marnell · · Score: 1

    ...Right now it sounds like a computer, but in five years, TTS may advance enough to make audio books a thing of the past...

    I seem to remember saying something similar in 1991 when first playing with MacOS 7's TTS. I think my super old mac still speaks more clearly than my kindle. At this rate, the author's guild has at least until 2027 to refine their rhetoric - I can't wait! pins and needles!

    --
    M
  130. Re:NYT? The irony... by Anonymous Coward · · Score: 0

    Roy Blunt Jr. is pretty funny whenever he's on "Wait, Wait, don't tell Me. . .".

    Are we sure he's not joking? He does have a tendency to ramble.

  131. E-book vs. printed books by kylant · · Score: 1

    I wonder whether the authors would complain just as loudly if amazon sold a device that could read paper books to you? Disregarding the technical difficulties (scanning, flipping pages) this would be very similar to what the kindle 2 does. Yes, as technology improves a very lucrative market (audiobooks) will disappear but there are no guarantees for any market. 20 years ago there was no (or only a very small) market for audiobooks and within 10 years it will probably disappear completely. That's life. Other opportunities will open up instead. Using intellectual property laws to stop innovation is not only amoral, its futile.

  132. Prior Art by RMH101 · · Score: 1

    The problem with your (fairly accurate, although I have heard Kindle 2 TTS output and it's not awful) assessment is that it's subject to change. Who's to say that Kindle 3 or 4 won't have much better TTS, able to convey more natural speech and even emotion based on context? There's a lot of very clever research going on in this area already.
    I can easily imagine a future where the device is much better at reading in a more human, natural form, and you can buy Kindle celebrity voices (much like you can for your Sat Nav) to read to you. Could be a nice earner for Morgan Freeman...

  133. Sexist language by dugeen · · Score: 1

    OP assumes that Kindle users are all female, implying that only a woman would be stupid enough to shell out for such an overpriced device.

  134. Gabba, Gabba, Hey! by jman.org · · Score: 1

    So we're in the car, traveling to one place or another.

    My honey's behind the wheel, and asks if I'll read from that latest trash detective novel I picked up at the used book store the other day.

    To whom do I cut the royalty check?

  135. Patently ridiculous? by Anonymous Coward · · Score: 0

    If he knew what was good for him, Roy Blunt Jr. would STFU.

    Doesn't he know that Amazon's TTS technology is covered by several patents? Hence his members' "audio books", being produced by the act of "converting a textual medium into a series of auditory stimuli designed to induce cognition" are a clear violation of said patents?

    I think he should count himself lucky he's not Jeff Bezos' towel-boy already!

  136. Re:Authors or Book Sellers: Which do you like more by JD-1027 · · Score: 2, Insightful

    So the question is: Which do you like more? The people that write the books or the people that sell you the books?

    Neither, I prefer decisions to be made with a tiny bit of common sense. The fact we are even having this debate is hilarious.

  137. Re:Authors or Book Sellers: Which do you like more by Sj0 · · Score: 2, Insightful

    If the author's guild isn't interested in what the end-user does, then they have no business talking about this. Amazon is selling text. At no point are they selling audio files. They happen to sell a device that will render text into sound, but as with my mp3 example, it's just a case of taking a format designed to reproduce audio and doing just that.

    If Microsoft sold the end-user a device to convert text into speech, would Amazon be forced to pay for audio book rights? If some company built a device that would scan a page, convert it to text, then convert the text to speech, would paper publishers be forced to pay for audio book rights?

    It's madness. Amazon is only selling text. They aren't selling audio books. What the end-user does with that text, even with an Amazon provided device, is their problem, not Amazon's.

    --
    It's been a long time.
  138. Re:Authors or Book Sellers: Which do you like more by Sj0 · · Score: 2, Insightful

    You're talking about two different things.

    To me, this is more like a publisher demanding a rental store pay full box price for full distribution rights for every xbox game rental because an end-user might have a hacked xbox and could pirate the game.

    Amazon is selling text, not audio. The fact that the end user can take a device, even one made by amazon, and turn it into audio is irrelevant. Under that theory, every paper publisher should have to pay for audio book rights because all it takes is a scanner and some patience to turn a paper book into an audio book.

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    It's been a long time.
  139. Re:Authors or Book Sellers: Which do you like more by UnknowingFool · · Score: 1

    My point is that copyright law allows features that aid the disabled as an exemption. He does not address how text-to-speech does not fall under this exemption. While authors might like to get royalties for this, that's besides the point. Also whether positioning this issue as Amazon vs Guild or Guild vs Blind people is also besides the point.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  140. Adobe Acrobat Reader may be Next? (Read Out Loud) by wothbora · · Score: 1

    Adobe Acrobat Reader has the "Read Out Loud" feature built in, (find it under the "View" menu). My guess is that Writer's Guild going to put its sights on Adobe. What's next? Probably telling us that we cannot have any Text To Speech apps in our OS!

  141. YANL - IANAL by ericlj · · Score: 1

    None of you are lawyers (as far as I could tell from the previous posts). Neither am I. What I do know about this is that the terms of Amazon selling these e-books are defined by very carefully drafted contracts (assuming that both sides had lawyers who like earning fees) and this issue will be decided on a legal interpretation of those contracts.

    It's not a matter of philosophy. It's not a matter of technology. It's a legal matter.

  142. You guys are all tools! by Anonymous Coward · · Score: 0

    This guy makes his living as humorist. He regularly appears on Wait Wait Don't Tell Me, the NPR equivalent of the Daily Show. If you read the fine article, you will see that he is making a joke. Just read the first paragraph. Additional, he frequently dead pans his lines to greater comedic effect.

  143. Anonymous Coward by Anonymous Coward · · Score: 0

    Nobody has brought up the "First Sale Doctrine" of copyright -- once they have sold something to you (and, incidently, paying the authors), they don't have the right to come back and try to control your subsequent use. Otherwise you would have to pay for reading to your kids, or reselling your books or cds at a yard sale. So, don't count on this one surviving any legal challenge.

  144. They are like the RIAA by He+who+knows · · Score: 1

    They tried to make my local library pay for every book borrowed.

  145. Re:Authors or Book Sellers: Which do you like more by Anonymous Coward · · Score: 0

    Far more interesting to me is that the ebooks are not text at all. They are a series of electrical impulses that can be represented as numbers. Those numbers can then be rendered into something understandable by humans in various ways.

    One of those ways is a chip to analyze the numbers and convert them to a series of curves or pixels, and a display to paint them onto. Another way is a chip to analyze the sequences and turn them into a series of audio clips, and a speaker to send those clips out. Honestly, if they didn't want the books to be rendered in multiple ways, they shouldn't have distributed them using a method that *requires* rendering to use.

  146. Re:Authors or Book Sellers: Which do you like more by Anonymous Coward · · Score: 0

    Can't think of any Author's Guild members who wrote a worthwhile word in their life, so I'm gonna have to go with the bookseller.

  147. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  148. Amazon allowing publishers to opt out = CAVE by PopeZaphod · · Score: 1

    Amazon is allowing publishers to "voluntarily" opt out of allowing their books to be TTS enabled. In other words, Amazon has caved and is allowing publishers to sell crippled versions of their books.

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    ->
  149. Re:Authors or Book Sellers: Which do you like more by Puffy+Director+Pants · · Score: 1

    Actually, rental stores usually pay more for their copies to have the right to rent them out. Least that's what my experience has been. I know I tried to buy a movie for my mother once, and she freaked out when she heard it was like 80 dollars. I explained to her that was for a rental copy, which she didn't need, and told her I'd look for a used version elsewhere.

    And no, your statement of "but anybody could do it" doesn't pan out, since the publishers are able to realize that anybody going to that much trouble is lost to them anyway. However, Amazon doing it puts things in a different light.