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"Authors Guild" Skims Half of Google Book-Rights Settlement

Miracle Jones writes "A recent memo from the 'Author's Guild' to the writers and publishers that it supposedly represents shows that only $45 million of the $125 million dollar settlement with Google will be paid to writers, and that the most a writer can receive for a book is $300. Many people speculate that Google's monopoly over all of out-of-copyright works will result in a brutal monopoly that will hurt both writers and readers, and that the 'Author's Guild' had no right to make the deal in the first place. How will it all shake down? Should writers be paid at all for their work? Will Google be any good at the publishing racket?"

271 comments

  1. Summary and blogspam link laughably incorrect by elrous0 · · Score: 5, Informative
    This summary is laughably inaccurate, biased, and sensational. This agreement doesn't give Google anything even *like* a "monopoly over all out-of-copyright works." If a work is out-of-copyright Google (or anyone else for that matter) is free to do whatever the hell they want with it. The issue of this case was the right to provide SEARCH RESULTS for COPYRIGHTED books. The Authors Guild was suing Google because they said Google didn't have the right to provide full text search results for copyrighted texts (even if the results page of the search only displayed a couple of sentences from the text). Rather than fight out what was probably a legitimate fair-use case, Google simple paid them off. This case has nothing to do with whether a writer should be "paid for their work." These are just SEARCH RESULTS we're talking about, not full texts.

    Full details (minus the blogspam and reactionary hyperbole) are available here.

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:Summary and blogspam link laughably incorrect by nicolas.kassis · · Score: 4, Insightful

      This summary is laughably inaccurate, biased, and sensational. This agreement doesn't give Google anything even *like* a "monopoly over all out-of-copyright works." If a work is out-of-copyright Google (or anyone else for that matter) is free to do whatever the hell they want with it.

      EXACTLY, if you don't want to use Google for those just go to Project Gutenberg or pay 8 bucks at your local book store for something that cost them 1 buck to make.

    2. Re:Summary and blogspam link laughably incorrect by eln · · Score: 4, Insightful

      That makes a lot more sense. I was wondering why Google or anyone else would pay a red cent to anyone for out of copyright works, especially electronic copies. By definition, a work that is out of copyright isn't owned by anyone, and anyone can do whatever they please with it.

      For a site that posts as many stories about copyright as Slashdot does, you'd think the editors would have at least a basic understanding of it. Of course, since article selection around here seems to involve a monkey and a dart board, I guess we shouldn't be surprised by articles like this.

    3. Re:Summary and blogspam link laughably incorrect by Welsh+Dwarf · · Score: 1

      Just for clarity, what is the supposed position of the monkey relative to the darts and the dartboard and can this arrangement constitute animal cruelty?

      --
      Ask 8 slackers a question, get 10 awnsers (a citation, but I can't remember from who)
    4. Re:Summary and blogspam link laughably incorrect by Anonymous Coward · · Score: 0

      Anyone got a link to an intelligent article on this topic?

    5. Re:Summary and blogspam link laughably incorrect by Anonymous Coward · · Score: 0

      The 100+ million dollar settlement is irrefutable evidence against the legitimacy of " fair use".

    6. Re:Summary and blogspam link laughably incorrect by eln · · Score: 0, Flamebait

      Just for clarity, what is the supposed position of the monkey relative to the darts and the dartboard and can this arrangement constitute animal cruelty?

      Since working for Slashdot in any capacity constitutes an insult to the animal's intelligence, it could be considered animal cruelty.

    7. Re:Summary and blogspam link laughably incorrect by Anonymous Coward · · Score: 0

      This summary is laughably inaccurate, biased, and sensational.

      timothy. The new kdawson.

    8. Re:Summary and blogspam link laughably incorrect by Anonymous Coward · · Score: 2, Informative

      Right, 8 bucks to buy and 1 buck to make. Then calculate the cost of marketing it (even just to the bookstores-- bookstores don't stock EVERY book that comes out), transporting it, salaries for the folks involved, enough profit to have the $1 left over to start again, and of course, a little just plain profit (if for nothing else than to survive lean periods).

      Wherever you work, whether it's McDonalds or as a game programmer, it's understood that the purchase price is pretty far above the cost of the raw materials. Why do you choose to state it in a way that makes it look like publishers are greedy?

    9. Re:Summary and blogspam link laughably incorrect by xouumalperxe · · Score: 5, Insightful

      The mantra is "All IP is bad except when you use copyright to enforce the GPL."

      Irrespectively of my own personal position on the matter of copyright, you seem to fail to grasp a crucial concept: The whole point of the GPL is to game the system: either you say copyright doesn't matter, and the stuff is free to share, or you say it does matter, and the GPL says the stuff is free to share. Crying foul over GPL infringement isn't so much a turn-face as it is saying this: "We don't believe in your rules, but we went ahead played by them to achieve what we wanted. So, now you either you play by our rules, or you play by yours. But whichever you pick, you'd better freaking follow them."

    10. Re:Summary and blogspam link laughably incorrect by Quothz · · Score: 1

      This summary is laughably inaccurate, biased, and sensational.

      I hate to agree with this, but I do. I'd like to add that the article is equally inaccurate, biased, and sensational, and was submitted to /. by the article's author.

      The /. editor should've seen Big Red Flags all over this one. Even if he is completely oblivious to the story, the glaring math error, the concept of a public-domain monopoly, and... and all the stupid should have been warning signs.

      Thank you for the link to the agreement itself. The blog post linked in the summary links in turn, and apparantly by accident, to a useful, if biased, article that includes the email from the Authors Guild regarding the settlement.

    11. Re:Summary and blogspam link laughably incorrect by JoeMerchant · · Score: 4, Funny

      pay 8 bucks at your local book store for something that cost them 1 buck to make.

      Hey, it only cost them $0.21 for the paper and ink to make that book. It cost them another $0.33 for packaging, storage and shipping. Then it cost them $0.64 for promotion (free copies, advertising, signing parties). If you bought the book in a shopping mall, they're probably paying $1.50 per book in rent for the mall space (say $20K per month rent vs 40K books in the store that stay there for 3 months each), and another $1.50 per book for the cheerful staff who ignore you until you shout at them that you're ready to pay now, please! Corporate management, insurance, accounting, debt service, shareholder profits, etc. account for another $3.80, and then the author gets their 0.02 per copy royalty.

      Who could possibly want to disturb such a vibrant ecosystem by delivering content directly from the author to their readers efficiently?

    12. Re:Summary and blogspam link laughably incorrect by severoon · · Score: 1

      -checking to see if I'm on slashdot- Yup...it's the right domain name...

      This f1r5t ps0t!!!11!!111 is spot-on. It's informative, useful, well-written and well thought-out. It surprised me so much I peed a little.

      --
      but have you considered the following argument: shut up.
    13. Re:Summary and blogspam link laughably incorrect by Chris_Jefferson · · Score: 3, Informative
      That sounds more like the BSD licence.

      In a no-copyright world, I could take your stuff, change it, put it in my binary-only product, and not give you back the changes I made. The GPL doesn't allow that.

      --
      Combination - fun iPhone puzzling
    14. Re:Summary and blogspam link laughably incorrect by Natetheinfamous · · Score: 1

      Ironically, I once bought a copy of a book I'd read previously on Project Gutenberg, Only to find that the "illustrations" in the book were EXACT COPIES of the crappy ASCII ART presented in the Project Gutenberg version. Talk about a waste of $10.

      --
      "To invent, you need a good imagination and a pile of junk." - Thomas A. Edison
    15. Re:Summary and blogspam link laughably incorrect by Runaway1956 · · Score: 4, Informative

      "Why do you choose to state it in a way that makes it look like publishers are greedy?" Have you bought any college text books? Some publishers ARE greedy. Not all, of course, but some most definitely are. http://www.baen.com/library/

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    16. Re:Summary and blogspam link laughably incorrect by m.ducharme · · Score: 3, Interesting

      people who don't shop at corporate bookstores, and restrict their business to small bookstores that offer much better service, friendlier environments, usually more eclectic selection, etc. I like my bookstore, and I shop there instead of going online because of the value added by the owners.

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

      FYI. Just becuase something is out of PRINT (which is what it says above), that does NOT mean that the copyright has expired. I just means that the publisher isn't printing any new copies of the book.

    18. Re:Summary and blogspam link laughably incorrect by Anonymous Coward · · Score: 0

      The interesting question is if ripping those scans from Google and redistributing them is legal. Scanning is not a creative act, so can it engender any rights to the scanned image? If a book is out of print, wouldn't it even be Google's duty to make it available in toto, at least through libraries?

    19. Re:Summary and blogspam link laughably incorrect by InsertWittyNameHere · · Score: 1

      This summary is laughably inaccurate, biased, and sensational.

      Not to mention the "article" itself is poorly written and racist.

      Quote from article:
      "And then America sends Louis and Clark out to explore, and it turns out there are all these dirty fucking NATIVES there. Luckily, they need blankets."

    20. Re:Summary and blogspam link laughably incorrect by kramulous · · Score: 3, Informative

      I costs a little more per book than that.

      My old man writes maths textbooks and then sells them to high schools as they closely match the curriculum.

      He used to use a publisher (for the first book) but ditched them because after selling 35 000, he received about AU$6000. It wasn't worth the time invested in creating the material.

      Then he used an Australian book binder and it would cost around AU$6 per book to produce, but given that he would sell them for AU$29.95 things were much better. Problem was that the book binder was not consistent with either timing on delivery or quality (still leagues ahead of the publisher). Mail outs to promote the material would only cost AU$0.60 per school.

      He now out sources to Singapore. The books arrive on time and each copy is in identical condition. That costs AU$4.20 per book (soft-cover, colour).

      He is now looking into buying a book-binder himself.

      --
      .
    21. Re:Summary and blogspam link laughably incorrect by orielbean · · Score: 1

      This is a good response, just beware that the concept of Fair Use, while easy for us to understand, is a very difficult one that is nowhere near clear enough at the court level. Many different conflicting cases are out there that do not provide a bright-line instance of what is fair use and what is not fair use.

    22. Re:Summary and blogspam link laughably incorrect by hesaigo999ca · · Score: 2, Insightful

      Books, Movies and Music, are 3 of the worst consumers rip-offs.
      Who decides the book is worth this much, or that song is worth this much...or that movie...
      Why is it that I go into Walmart and buy a movie for 5$ and everyone still makes money....
      which means the blockbuster selling their same copy for 20$ is making a HUGE profit.

      I know there is a point system for figuring out what you sell a piece of clothing or shoes etc...
      But that is because, it uses materials,...takes alot of space and even weighs alot more to transport.

      I could download an ebook off the publisher's website for pennies compared to 20$ book from chapter's, and guess what the writer would still make his 2 cents.

      I agree when you say that this system is corrupt....but the fact is, we keep buying so they keep shoving. The day we turn to other means(torrents) they will catch on...like Radiohead...coming out with their pay us what you want for their last album, and guess who jumps on THAT band wagon...Metallica, the worst of the bands to go against pirating...why because they understand
      things evolve...even the industry itself.

      So when they say, we had a loss of 50 billion dollars because of piracy, I say BS...
      you never would have gotten that much for your movie anyways.
      Times are changing (thanks to walmart) and now we are seeing just how much things REALLY cost to make.

      Why should you make 10$ profit when you can make 2$ profit...take care of your customers, they will
      appreciate it!

    23. Re:Summary and blogspam link laughably incorrect by steelfood · · Score: 1

      The difference between BSD and GPL in this regard is that GPL requires other people to play by the rules of the original author (the rules being the GPL), while BSD doesn't care.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    24. Re:Summary and blogspam link laughably incorrect by Zordak · · Score: 1

      The whole point of the GPL is to game the system: either you say copyright doesn't matter, and the stuff is free to share, or you say it does matter, and the GPL says the stuff is free to share.

      No, I don't miss the point. I am pretty well versed on the GPL. I've even written a paper on it, which I share with my clients who want to use GPL in the back office. Here's the problem. If there is no copyright, there is no "copyleft." Microsoft can take your code and roll it into the next version of Windows and turn a deaf ear to your complaints. They can still use "product activation" to cut down on pirated copies. They can go even more draconian with the DRM. And you would have no recourse because there's no copyright.

      Sure, DRM can be broken, and no system is perfect. But most people don't know that, and they can't be bothered to fight the DRM. Microsoft would still be the dominant player, and every time you wrote a handy little utility, you would be taking the risk that you are donating code to them.

      The GPL has the power to protect the "freedom" of your code only because copyright law gives it teeth. Without copyright, even if you had a valid contract, you would never recover anything. Contract will only give you the benefit you lost, and if you're giving away code for free, you didn't lose anything of tangible, provable economic value. And since there are not punitive damages in contract, Microsoft would have your code locked up as their trade secret, and there'd be nothing you could do about it. Bottom line: if you want free software, copyright is your friend.

      --

      Today's Sesame Street was brought to you by the number e.
    25. Re:Summary and blogspam link laughably incorrect by cthulu_mt · · Score: 1

      Yeah, all that marketing they do on books that are in the public domain.

      /sarc/Gee, its a good thing Penguin spent all that money making a big budget version of The Count of Monte Cristo or I never would have purchased the book./sarc/

      --
      Virginia is for lovers. EVE is for griefers.
    26. Re:Summary and blogspam link laughably incorrect by dada21 · · Score: 1

      Don't forget that many books are never sold -- returned to publisher or destroyed. There's a huge risk to publishing a book in large quantities, and that risk is a large part of the price of the book you buy at full retail.

    27. Re:Summary and blogspam link laughably incorrect by JoeMerchant · · Score: 2, Insightful

      Your clothing analogy is right on. They've got it, you want it, and what it cost to make has almost nothing to do with the price. When a pair of pants can go on a rack for $150, and eventually get marked down to $10, there's obviously something screwy going on.

      I'm not saying I want to live in a Wal-Mart world, but it would be really cool if every object you purchased had a true value-stream accounting available for it, so you could see that the $3 Orange Juice in the grocery store is actually giving $0.03 to the pickers who harvest the oranges, $0.07 to the owner of the land/trees, $0.05 to the owner of the refinery, $0.15 to the packaging, $0.06 to the grocery store that sells it to you, and $2.64 to the fuel / energy consumed in transporting / processing the oranges.

      With transparency in profit structures, consumers could actually make sensible choices if they wanted to.

    28. Re:Summary and blogspam link laughably incorrect by Locklin · · Score: 3, Insightful

      In a no-copyright world, you wouldn't be able to make my product and make it proprietary -so, no, it doesn't sound more like the BSD.

      In a no-copyright world I could take leaked or decompiled OSX code, modify it and redistribute it (just like I can do currently with any Linux distribution).

      The distinction between closed and open source is really just an issue of trade secrets once you get rid of copyright.

      --
      "Knowledge is the only instrument of production that is not subject to diminishing returns" -Journal of Political Econom
    29. Re:Summary and blogspam link laughably incorrect by Actually,+I+do+RTFA · · Score: 1

      The Authors Guild was suing Google because they said Google didn't have the right to provide full text search results for copyrighted texts (even if the results page of the search only displayed a couple of sentences from the text). Rather than fight out what was probably a legitimate fair-use case, Google simple paid them off.

      It wasn't the search results, it was that Google would be required to make a copy of the entire work to provide full text searches.

      --
      Your ad here. Ask me how!
    30. Re:Summary and blogspam link laughably incorrect by RobBebop · · Score: 1

      Who could possibly want to disturb such a vibrant ecosystem by delivering content directly from the author to their readers efficiently?

      Your diatribe of people taking a cut from booksales neglected the original author of whatever book was being sold.

      Personally, I'd love a world where I could give away my writing for free and then live off of money generated from readers paying me for whatever they thought my work was worth. If I could get 100,000 people to pay me $1 each, I'd be happy as heaven. Though... if you sent that $1 through PayPal or USPS or some other transaction system then the powers that be would take approximately $0.32 for "transaction fees".

      --
      Support the 30 Hour Work Week!!!
    31. Re:Summary and blogspam link laughably incorrect by XantheKnight · · Score: 1

      Right, and if you don't want to pay Caterpillar for their advanced tractor technology to harvest your field in a day, you can always spend 2 weeks and pay 18 other people to do it by hand.

      People should pay for the use of technology which betters their lives. If you don't want to pay, do it your own way. Otherwise, if you don't reward people for inventing useful things, they just won't invent them.

    32. Re:Summary and blogspam link laughably incorrect by Sj0 · · Score: 1

      I was definitely confused there. "How can you have a monopoly on that which by definition isn't a monopoly anymore?"

      --
      It's been a long time.
    33. Re:Summary and blogspam link laughably incorrect by Sj0 · · Score: 1

      We're talking about books in the public domain. The original author is loooong dead.

      --
      It's been a long time.
    34. Re:Summary and blogspam link laughably incorrect by shutdown+-p+now · · Score: 1

      In a no-copyright world, I could take your stuff, change it, put it in my binary-only product, and not give you back the changes I made.

      You can, but in a no-copyright world, what's the point? You can't sell that binary-only product anyway (since the very first customer would immediately create free copies for everyone else), so the "IP" loses its value. Of course one could keep the sources locked down just for the sake of it, but arguably there would be very few actually willing to do so.

    35. Re:Summary and blogspam link laughably incorrect by bzipitidoo · · Score: 2, Interesting

      Let's put it another way. Cost of a paperback in 1980 was about $2. We've had about 3.5% annual inflation from 1980 to 2008, so the cost of a paperback today should be just under $5. Instead, they're pushing $10.

      If that's not enough, the costs of typesetting, printing, managing inventories, and such have all dropped dramatically thanks to technological advances. And there's room for a whole lot more savings, with electronic paper and readers steadily improving, and the Internet's potential for reducing distribution costs to near zero. Even without using the Internet and electronic readers, the costs have fallen. If some of the savings had been passed on to us, a paperback should cost much less than $5. Where did all these savings go? To the authors? Certainly not to the consumers.

      Yeah, publishers are greedy. A little competition would sort them out.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    36. Re:Summary and blogspam link laughably incorrect by Bloody+Peasant · · Score: 1

      Hey, it only cost them $0.21 for the paper and ink to make that book. It cost them another $0.33 for packaging, storage and shipping.

      Umm... only if by them you mean the big New York publishing houses. For small publishers it's a completely different story. The cost for a short run (1k-2k books) will set you back about $3 per book, maybe $2.30 if you shop around. If you do print-on-demand expect the cost per book to be at least $5, maybe $6. And then if you try to sell these on Amazon or elsewhere, there's a 55% discount (you get 45%; note: distributors demand more) so on a $15 book that really doesn't leave much (between 75 cents and $1.75). That has to cover publicity, costs of driving to events, overhead for a small (usually 1-person or LLC) company, and (oh yeah, don't forget them) the royalty payments to the authors.

      Yes, I'm biased (my significant other is an author and small publisher), but let me assure all who care to read this that in NO way is the Google property-rights grab or the so-called "settlement" by the Author's Guild going to be beneficial to her. Seems more like a sell-out to me.

      Caveat: I haven't read the 300 pages of the settlement and attachments; my significant other has managed to dig through to page 7 so far but it's not easy reading (and she'd rather be writing!).

      --
      -- This .sig intentionally left meaningless.
    37. Re:Summary and blogspam link laughably incorrect by JoeMerchant · · Score: 1

      Might be more than $0.21 today - but for an $8 retail paperback that's sold by the millions, it's not much more. It wasn't too long ago that pulp fiction sold for less than $0.25 a copy.

    38. Re:Summary and blogspam link laughably incorrect by JoeMerchant · · Score: 1

      POD is relatively new, and a completely different beast - yeah, 0.21 a copy was referring to the mass produced stuff you'd buy in an airport kiosk for $8.

    39. Re:Summary and blogspam link laughably incorrect by Anonymous Coward · · Score: 0

      In a no-copyright world, I could take your stuff and sell it without changes.

      duh

    40. Re:Summary and blogspam link laughably incorrect by pavon · · Score: 1

      In a no-copyright world, you could try to keep your source code secret, but it if anyone leaked the source code to the internet it would be completely legal for others to make derivative works of that source. Only the original leaker would be guilty of breaking trade secret laws. Good luck preventing leaks if you have more that 5 employees, or a less than perfect IT staff.

      Just look at how many high-profile leaks occur today, where there is little financial incentive to leak source, just hax0r ego boosts. Then look at how often designs and plans and other "IP" are borrowed in places like China that have very lax copyright and patent law. Corporate espionage would become the norm not the exception, to the point where it wouldn't even make sense to try and hide your source code except for new unreleased and written from scratch products.

      Of course some people would try, just like those idiots who made a WINE knock-off and kept insisting that they had written it from scratch. But that is just because some people are pathological. In practice, it wouldn't be practical to keep your source secret.

    41. Re:Summary and blogspam link laughably incorrect by Moofie · · Score: 1

      But without copyright, I could use your binary, if I thought it was worth using.

      But you probably already knew that, and are just trying to belabor a silly point.

      --
      Why yes, I AM a rocket scientist!
    42. Re:Summary and blogspam link laughably incorrect by Hucko · · Score: 2, Insightful

      God Forbid that it should be a lesson learned and a compulsion to publish better quality books...

      --
      Semi-automatic amateur armchair Australian philosopher; conjecture ready at any moment...
    43. Re:Summary and blogspam link laughably incorrect by linhares · · Score: 1

      It wasn't too long ago that pulp fiction sold for less than $0.25 a copy.

      Actually, I don't miss that at all, since that does not account for the carbon in your hand and in your atmosphere. And everyone, even the poor, can pay a little more than 25cents.

    44. Re:Summary and blogspam link laughably incorrect by Anonymous Coward · · Score: 0

      Really? Tell me, which of the two licences is closer to being the same in both the scenarios presented?

      Copyright World:

      BSD: You can take our code and we can't really do jack about it. We can't take yours.
      GPL: You take our code, you've got to let us take yours. You don't take our code, we can't take yours.

      No Copyright World:

      BSD: You steal our code, we can steal yours. You don't take our code, we can still steal yours.
      GPL: You steal our code, we can steal yours. You don't take our code, we can still steal yours.

    45. Re:Summary and blogspam link laughably incorrect by Daengbo · · Score: 1

      Since we're talking about pricing of media, etc., I'd like to bring up the situation I was in in Thailand a few years ago. I'll convert to USD for the readers' convenience.

      You might have heard that piracy is rampant in Thailand. You can buy just about any movie you want there on DVD. There are even high-quality pirated TV series that you would guess were legitimate if you didn't know that the series wasn't available for sale in a multi-season format. Pirated movie DVDs typically ran about $5-6 a few years ago (they're significantly cheaper now).

      Dual-layer DVDs featuring several Asian languages and extra features would cost $20-30 at the local superstore. These were of good quality, but didn't move much considering the local workers made about $150-200 per month.

      Also at the superstore were bins of single-layer DVDs with Thai and English (audio and subs) for about $2.50. These weren't first-run movies -- they were often B movies or older A-level flicks. They weren't on clearance, either. The list price was $2.50.

      There were, of course, rental options, too. The one DVD rental place in the area (North Bangkok) only stocked the $20-30 DVDs, and most of the stock was actually ordered internationally and imported. The membership fee was about $50 and rentals were about $5. Blockbuster offered VCDs for rent, and the lower quality (and changing a disk) meant that the rental was only $0.50 or so.

      Where am I going with all this? The pirated versions created a new market -- the low-end but legit DVDs for $2.50. When I wanted to watch a first-run movie, I almost always went to a theater if I could. The first-run DVDs were almost always cams and shitty. I rented recent releases several times a month, but not that often. More often, I would just go to the superstore bin and buy 3-4 legit, single-layer DVDs. I never once bought a full-featured DVD, even though my income warranted the purchase. When I wanted a new release but didn't want to travel to the DVD store, I just picked up a rental from Blockbuster.

      My wrap-up point? At $2.50, the DVDs were still making enough money for someone to produce them, even for high-budget movies. I realized then how overpriced most media is.

    46. Re:Summary and blogspam link laughably incorrect by Daengbo · · Score: 1

      IANAL, but I would guess that the scans are copyright Google. When you take a picture of a building, the picture is yours even if you didn't have anything to do with the construction of the building.

    47. Re:Summary and blogspam link laughably incorrect by Daengbo · · Score: 1

      So MS takes my formerly GPL (now non-copyrighted) work and bundles it into Windows. I take that Windows copy, decompile it, modify it to remove any DRM, activation, and bugginess, and I redistribute the derivative work legally, for a price or not.

      Where's the problem again? Sounds like Windows was just GPLed, only better.

    48. Re:Summary and blogspam link laughably incorrect by julesh · · Score: 1

      I could download an ebook off the publisher's website for pennies compared to 20$ book from chapter's, and guess what the writer would still make his 2 cents.

      This is not normally true. Most publishers pay about 10% on ebooks and about 6% on print books, meaning that generally the author is paid less for ebooks.

    49. Re:Summary and blogspam link laughably incorrect by KowShak · · Score: 1

      Are you trying to say that paying more a the book guarantee that it has less environmental impact than if you'd paid less for it?

      Or maybe what you're saying is that if the book was half the price you'd buy two, and that you're not disciplined enough to be environmentally conscious without being financially constrained.

      My opinion is that the price of the book and its environmental impact are not directly connected. If you pay less for the book, you'll have money that will allow you to spend it on having less environmental impact elsewhere in your life.

    50. Re:Summary and blogspam link laughably incorrect by Zordak · · Score: 1

      You talk about decompiling Windows like it's a trivial task. It's not.

      --

      Today's Sesame Street was brought to you by the number e.
    51. Re:Summary and blogspam link laughably incorrect by linhares · · Score: 1

      Are you trying to say that paying more a the book guarantee that it has less environmental impact than if you'd paid less for it?

      Nope; A does not imply B, but Im saying the reverse is true. Books for 25cents cannot be sustainable.

    52. Re:Summary and blogspam link laughably incorrect by hesaigo999ca · · Score: 1

      My point exactly, they decided the price was 19$ for that dvd, but that was to be able to show great profit to their share holders, now with piracy, we have knocked them down a few notches, and now they have to remain competitive....so guess what Paramount wont show a profit of 3 billion dollars this year, even if they only made 500 million profit, they still made a PROFIT!!! Some people can't even make good money any more because of china, and your telling me that 500 million profit is not enough, OMFG......anyways, I am glad I am not the only one to think of them this way!

    53. Re:Summary and blogspam link laughably incorrect by Daengbo · · Score: 1

      Well, the stuff available on The Pirate Bay proves that removing copy protection/DRM isn't that hard. It only takes one guy to do it.

    54. Re:Summary and blogspam link laughably incorrect by hesaigo999ca · · Score: 1

      A publisher pays 10% for a book....I guess you have not written anything lately then.
      Google it , you will see , like the recording industry, writers are grossly underpaid
      something like 1$ (max) per book, some even as low as a few cents, per copy.

      Depends on the contract, I would say though, that even if something like this cost x amount of dollars to produce on print, ebooks cost nothing, they take up room on a server for download, and cost x amount to create from a written copy (from the writer) to a digital copy, which is always done anyways for backup purposes. So again nothing costs money there, no R&D, no materials, nothing,
      so an ebook can be sold for 1$ and still make money!

    55. Re:Summary and blogspam link laughably incorrect by julesh · · Score: 1

      A publisher pays 10% for a book....I guess you have not written anything lately then [...] writers are grossly underpaid something like 1$ (max) per book

      I haven't published anything, no, but I do have several friends who have, and some who are in the publishing industry themselves. 10% is only common for ebooks, as I said, and ebooks are for the most part priced well below the $10 figure where the 10% would approach the $1 limit you're talking about. Most of those with print books are getting 6%, which typically works out much less than $1.

      Depends on the contract, I would say though, that even if something like this cost x amount of dollars to produce on print, ebooks cost nothing, they take up room on a server for download, and cost x amount to create from a written copy (from the writer) to a digital copy, which is always done anyways for backup purposes. So again nothing costs money there, no R&D, no materials, nothing,
      so an ebook can be sold for 1$ and still make money!

      Yes and no. Sure, it's possible to try to sell ebooks without spending any money on them. Generally, you won't get very far. You need to attract buyers, and as the book isn't going to be in front of them in a bookshop, that means advertising, which can get very costly very quickly. Yes, the marketing costs of an ebook are less than the manufacturing and distribution costs of a printed book, but if we're talking enough marketing to be moderately successful (shifting 10,000 copies, say), the costs are going to be comparable (maybe 25-50% as high).

    56. Re:Summary and blogspam link laughably incorrect by torkus · · Score: 1

      Actually, drinking in a bar is a huge, huge rip off. Some places charge per drink what you can buy a bottle for. That doesn't stop people from going though.

      You do make sense though. It's the underlying 'justification' for much of the piracy that's out there. Right or wrong, too many people are doing it to simply call them all criminals and be done with it. Some kind of compromise needs to be reached.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    57. Re:Summary and blogspam link laughably incorrect by hesaigo999ca · · Score: 1

      Unless your band manager says even though your NSync and you have sold millions of albums, you still owe us 100,000$ that you will have to pay off, because of all the costs I incurred in getting you to the top. He was brought to court( same guy that started the backstreet boys as well) and guess what he lost...because he was over charging on everything to raise the price of the expenses to more then what they could get profit.
      This does not make sense in the book industry, music or other...for a manager takes no risks, seeing
      as the band is supported by the company not the manager, why would he charge for each little thing.
      Give a set budget of 100,000$ for marketing and that's it...make good use of it, so that after that all there is is profit no?
      Radiohead got it right, everyone should follow, including all the writers, they could use the pdf formats and crypto functions of adobe to do so.

    58. Re:Summary and blogspam link laughably incorrect by hesaigo999ca · · Score: 1

      Yeah, I stopped going to those "bars" for exactly that reason, now when I want to drink, I invite all my friends to my place make an evening of it, and in the morning you still have loads of bottles left for the next party.

    59. Re:Summary and blogspam link laughably incorrect by againjj · · Score: 1

      Do note that the settlement was for books with copyrights, and so are not ones you can get from Project Gutenberg.

  2. Who Are These People? by Frosty+Piss · · Score: 1

    This 'Author's Guild' makes a lot of noise like they represent the majority of writers. But do they really? Do they have any "official" standing with anyone? Any "big names" on board with them? Or are they just a bunch of hot air with an important sounding name? Who are they really?

    --
    If you want news from today, you have to come back tomorrow.
    1. Re:Who Are These People? by Oligonicella · · Score: 0

      Lot of questions you ask of other people. The answers are very simple to find. Go to their web site and look.

    2. Re:Who Are These People? by Anonymous Coward · · Score: 0

      Any "big names" on board with them? Or are they just a bunch of hot air with an important sounding name? Who are they really?

      Luke, I am not your father. Neither is that bunch of hot air.

    3. Re:Who Are These People? by faloi · · Score: 1

      They certainly don't represent the majority, or as near as I can tell any, of the writers I commonly read. My best guess is that they're making a lot of noise trying to scare writers into thinking their guild is necessary to protect them from the eeebil copyright infringement, all the in hopes of annual dues. That is only a guess, though.

      --
      "It is a miracle that curiosity survives formal education." -Albert Einstein
    4. Re:Who Are These People? by edittard · · Score: 1

      Go to their web site and look.

      I'm sure it's totally truthful and unbiased.

      --
      At the bottom of the /. main page it says 'Yesterday's News'. Well they got that right.
    5. Re:Who Are These People? by DavidTC · · Score: 1

      Which is just fucking stupid.

      Anything that gets people to read actual books is a good thing for writers at this point. Reading was actually unpopular enough to start with. With the whole 'web page' thing popping up as a reading alternative, it's in even more trouble.

      You know a good way to get people to read actual books? Return a few pages of their text in google search results, and send people over to Amazon or B&N to buy the damn book if it's interesting.

      Sometimes 'free advertising' as an argument for copyright infringement is stupid. Like with mp3s.

      But sometimes it's actually true. Search results that quote a 5-10% certain portion of the copyrighted material, resulting in the searcher to find the original, is how google works in the first place. And it works so well there's an entire industry called SEO that people pay to have them attempt to get Google to display selections of their own copyrighted webpages.

      Exact same thing with books.

      --
      If corporations are people, aren't stockholders guilty of slavery?
  3. Can Slashdot, I dunno, Just "Un-Submit" This? by RobotRunAmok · · Score: 4, Funny

    ...or would that require responsible editing?

    1. Re:Can Slashdot, I dunno, Just "Un-Submit" This? by Anonymous Coward · · Score: 0

      Responsible? /.?

    2. Re:Can Slashdot, I dunno, Just "Un-Submit" This? by edittard · · Score: 2, Funny

      Editing? /.?

      --
      At the bottom of the /. main page it says 'Yesterday's News'. Well they got that right.
    3. Re:Can Slashdot, I dunno, Just "Un-Submit" This? by Anonymous Coward · · Score: 0

      Require? /.?

    4. Re:Can Slashdot, I dunno, Just "Un-Submit" This? by Anonymous Coward · · Score: 0

      2) ???
      3) Profit!

    5. Re:Can Slashdot, I dunno, Just "Un-Submit" This? by Anonymous Coward · · Score: 0

      That? /.?

    6. Re:Can Slashdot, I dunno, Just "Un-Submit" This? by Anonymous Coward · · Score: 0

      Would? /.?

  4. Out of copyright monopoly? by amclay · · Score: 5, Insightful

    I don't even see how this is possible. If a work isn't copyright, then anyone can publish it without paying royalties. I'm not sure how a company can make a business off of that alone, or how that can be construed to be a "monopoly." This is simply put, an article solely put out there to rile readers.

    --
    It's all fun and games till someone divides by 0. Then it's hilarious.
    1. Re:Out of copyright monopoly? by Dolohov · · Score: 1

      I was just about to ask that. That's like saying that Penguin Classics has a monopoly on out-of-copyright books because nobody else bothers to print them.

    2. Re:Out of copyright monopoly? by Red+Flayer · · Score: 1

      This is simply put, an article solely put out there to rile readers.

      Troll articles? In my slashdot?

      Surely you're kidding!

      The entire point of most slashdot articles is that they are trolls -- that is, they are intended to evoke a response amond the readers. I'd say very few of them are malicious, but inflammatory or inaccurate summaries/"articles" are part and parcel of slashdot... and most news-aggregator discussion sites.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    3. Re:Out of copyright monopoly? by magisterx · · Score: 1

      Agreed. It is impossible to have an out of copyright monopoly (at least short of having and directly controlling the only copies in existence). Project Gutenberg illustrates this nicely.

    4. Re:Out of copyright monopoly? by roggg · · Score: 1

      TFA is pretty vague and somewhat inaccurate. This is about out of print books, not out of copyright. Well, it's about both really, but there's no contention around books in the public domain.

    5. Re:Out of copyright monopoly? by einhverfr · · Score: 1

      Project Gutenberg has a monopoly on electronic publication of many of these texts because nobody can compete with them!

      [/sarcasm]

      --

      LedgerSMB: Open source Accounting/ERP
    6. Re:Out of copyright monopoly? by speed+of+lightx2 · · Score: 1

      Out of curiosity I looked at War and Peace in google books, and every page of the >2000 page book has a "copyrighted material" watermark in the lower right hand corner. Not too sure what they mean by that.

    7. Re:Out of copyright monopoly? by elrous0 · · Score: 1

      Thanks to a loophole in public domain laws, a lot of book companies will copyright a specific translation or edition of a public domain work (in the specific case you're talking about, probably a specific translation). You see the same thing in the recording industry. Mozart may not be copyrightable, but a specific PERFORMANCE of Mozart can be (and usually is) copyrighted.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    8. Re:Out of copyright monopoly? by againjj · · Score: 1

      The summary is bad. The article was about books with copyright holders, not books out of copyright.

  5. I'm glad we have established libraries. by Beelzebud · · Score: 5, Insightful

    I'm glad we had libraries before copyright lawyers. If someone suggested the concept of a library today as a new idea, it would be shot down instantly.

    1. Re:I'm glad we have established libraries. by Anonymous Coward · · Score: 0

      "It" would not be shot down, he or she would.

    2. Re:I'm glad we have established libraries. by noidentity · · Score: 1

      Often I'm actually surprised they are allowed to keep operating. Them and rental companies. They just seem like a gaping hole in the copyright regime's stranglehold.

    3. Re:I'm glad we have established libraries. by Anonymous Coward · · Score: 0

      Actually, there are certain exceptions in copyright law specifically for libraries, allowing them to do things you wouldn't otherwise (automatically) be allowed to do.

    4. Re:I'm glad we have established libraries. by Anonymous Coward · · Score: 0

      Right, six or seven years ago I bought maybe 200 books a year, now 1 or 2. I use fan sites to see what new fiction is around, then go to Amazon to research. Once I find what I like, I add it to my list. I submit requests to the local library, which can get books from all over the state. They email me when the book arrives. Getting it on the way home from work is faster than stopping for a burger.

      I spend almost no money at all on books anymore.
      Why should anyone, who has such a system at hand? Why the heck would I ever buy an e-book with a system like that available?

    5. Re:I'm glad we have established libraries. by Chief+Camel+Breeder · · Score: 1

      I'm glad we had libraries before copyright lawyers.

      Did we? I'd always thought that public, lending libraries were a 19th-century sort of thing. Wikipedia reckons that copyright was introduced in the 18th century.

    6. Re:I'm glad we have established libraries. by Beelzebud · · Score: 1

      The concept of a copyright is fine. I'm talking about the modern day armies of copyright LAWYERS that have bastardized the concept of copyright. The type of people that keep pushing to expand the terms of a copyright, thus keeping every modern work out of the public domain for our life times.

    7. Re:I'm glad we have established libraries. by bdwoolman · · Score: 3, Interesting

      Right you are. Copyright holders in the 19th century were indeed very much against the library movement and tried to stop it. But the doctrine of first sale trumped their objections, just as it did when the movie studios objected to video rental. Copy machines in libraries also produced an uproar, but fair use doctrine keeps them cranking.

      Digital distribution was a game changer, since digital media is usually copied and not merely rented, lent or sold when it is distributed. (And the copyright holder always strongly retains the right of duplication.) Many copyright holders, especially corporate ones, have used main force to attempt to hold onto that prerogative, but the slow demise of DRM demonstrates that they have conceded that they need to lower their margin and make profits from volume, while accepting that customers will do some duplication -- perhaps even to the right holder's benefit as a form of PR -- but diluting their perceived rights nonetheless. In the end I think that companies that find a way to benefit from viral distribution will win out.

      --
      "No fear. No envy. No meanness." Liam Clancy
    8. Re:I'm glad we have established libraries. by m.ducharme · · Score: 1

      I didn't realize concepts were gendered.

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
  6. Fair? by geekoid · · Score: 4, Insightful

    The writers should get whatever their contract with the guilds says, not a penny more.
    Hey, you get into bed with a dying business model, the people running will eventually go after you,.

    And yes, I think Google should have fought it tooth and nail, because they have the money to do so.
    Plus the long term benefits of having this finally hashed out in courts would be a money and time saver later on.
    Bu not fighting it that are costing themselves a lot of money.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:Fair? by Frosty+Piss · · Score: 1

      "The Guild" is *not* a widely accepted representative of mainstream authors. This whole business is just an attempt by "The Guild" to convince people that they are relevent. But they are really no different than if me and a few friends got together and built a Web page to solicit "dues" from writers. It's basically a business.

      --
      If you want news from today, you have to come back tomorrow.
    2. Re:Fair? by Anonymous Coward · · Score: 1, Insightful

      From a business perspective Google did exactly the right thing. It has created a huge barrier to entry into this business. It has set the precedence now that all others will have to follow. Instead of spending money to insure that everyone can compete it now has insured that almost no one can compete. It has even won some good will from the content providers as well. It is brilliant.

    3. Re:Fair? by Daniel+Dvorkin · · Score: 1

      Whether you agree with them or not, The Authors Guild is the name of the organization. Putting it in quotation marks to show your disdain is as silly as the recently developed habit of Republicans calling their main opposition the "Democrat Party."

      As a member of SFWA, which has some close ties with TAG, I'm not a fan at all of how TAG seems to be trying to turn itself into the RIAA/MPAA of the written word. I'd like to see us either sever our ties with them, or lobby hard to get them to adopt more reasonable positions. But refusing to use its proper name is childish and does nothing to bolster its opponents' case.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    4. Re:Fair? by Dogtanian · · Score: 4, Insightful

      Whether you agree with them or not, The Authors Guild is the name of the organization. Putting it in quotation marks to show your disdain is as silly

      The name carries connotations that the OP disagrees with; indeed that was the whole point of his post.

      You can argue that it's a name and nothing more, but if- as some argue- a particular name is intentionally chosen to imply certain things about an organisation that the writer disagrees with, then using the self-appointed name without quotes is effectively endorsing it.

      If I set up a self-appointed organisation called "The Government of Western Europe" and no-one was allowed to put it in quotes (let alone prefix it with "so-called") or even comment on it, then every time they said it, it would effectively legitimise my choice of misleading name.

      Bottom line, the quotes in the OP's case implied that "that's someone else's self-appointed name masquerading as a description, and nothing more". If he disagrees that they're the "guild" they represent themselves as, it's quite reasonable that he doesn't want to go along with it.

      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    5. Re:Fair? by geekoid · · Score: 1

      I sit correct. Thanks for the clarification.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    6. Re:Fair? by saiha · · Score: 2, Insightful

      Actually it seems one of the rare cases when it is correct to use quotation marks to emphasize something you disagree with.

      Authors Guild implies its a guild of every type of author (book, movie, law, computer program). This would be different than something like the Screen Actor's Guild.

    7. Re:Fair? by colinrichardday · · Score: 1

      Not only that, but "Guild" has the historical connotation of excluding nonmembers. How does the "Guild" propose to enforce that in the US, where the First Amendment ensures freedom of the press.

  7. I can speak to this from firsthand knowledge by Anonymous Coward · · Score: 0

    I am a writer and this settelment, far from being perfect, falls within the realm of consideratoin and for that reason, and that reason alone, it is really up to authors not unlike myself to say weather this is a good or a bad deal. For me, I'd say I am in concordance with this settelment, for as it on the one hand provides leverage to Google et al, it does indeed provide an mechanism for compensation to authors here and fro.

    Perhaps the compensation is not enough. Some will say that. But in the end, that is between the Author and his or her publisher as to what represents fair compence. For me, I say: this is a fair value. If in the future, this is found to be to burdensome, perhaps the guild will have to reopen the contract for another round of negotiation. And their is nothing wrong with that, for that is the American way.

    1. Re:I can speak to this from firsthand knowledge by Anonymous Coward · · Score: 2, Funny

      You must have a really good editor.

    2. Re:I can speak to this from firsthand knowledge by pla · · Score: 4, Insightful

      I am a writer and this settelment, far from being perfect, falls within the realm of consideratoin

      With such mastery of the English language, $300 must seem like quite a nice chunk of change for your work...


      Perhaps the compensation is not enough.

      Not enough for what, exactly? Allowing your works to receive the single most effective form of free advertising ever devised by humanity?

      In Google's position, I would have just blacklisted all guildmember's works from search results until they paid me for sending them sales. It amazes me that anyone still has the 'nads to complain about their work appearing on Google... Such petulance strikes me as similar to a man who complains about winning the lottery because of the increased taxes. Boo-frickin'-hoo.

    3. Re:I can speak to this from firsthand knowledge by Anonymous Coward · · Score: 0

      "And their is nothing wrong with that, for that is the American way."

      There! THERE! Why is that so hard? There != Their != They're

    4. Re:I can speak to this from firsthand knowledge by einhverfr · · Score: 1

      I agree.

      I sent my book to them to have it listed because of the advertising.

      Better yet, I get advertising revenues from my book(http://www.amazon.com/gp/product/1439223084/). But I would still have done it even if I didn't get the revenues from the advertising.

      POD, micro-runs (100-books or less at a time), LaTeX.... Who needs Random House anymore?

      --

      LedgerSMB: Open source Accounting/ERP
    5. Re:I can speak to this from firsthand knowledge by Anonymous Coward · · Score: 0

      Congratulations. And they said irony was dead on the Internet. I particularly appreciated the 'weather' and the 'their'. Genious (sic)!

  8. Rhetoric by Oligonicella · · Score: 1

    "Should writers be paid at all for their work?"

    Some rhetorical questions should not even be asked. This is one of them.

    1. Re:Rhetoric by Dolohov · · Score: 4, Informative

      And yet it really does get to the heart of the matter. What IS copyright, anyway? It started off as a bargain between the people of our country and the writers and artists who entertain, enlighten, and educate us: Create these works, and we'll respect your control over them (as a way to earn a living from your work) for some number of years, but ultimately they belong and will revert to all of humanity.

      As a society we've been more than generous over the last century. No creative artist living today will EVER have to lose control over his work by simply living too long. (Ill-advised contracts notwithstanding) That is a tremendous gift, and as a result we as a society have allowed vast amounts of our culture to remain under the control of individuals and corporations, for the first time in human history. Think about that. For thousands of years, if you heard a story that you liked, or a song you liked, you would have been perfectly free to retell (or rewrite!) it as you saw fit, or sing it to a friend or audience, altering as you alone saw fit. We as a society have largely given up these rights, and are giving them up for longer and longer. In exchange we think we're getting better creative works (even though almost any writer will freely admit that he's no Shakespeare, who didn't enjoy nearly the control that we give today's writers)

      And so it seems to me that with society giving up more and more rights to authors, and authors doing their best to make their works less accessible and less useful to society, it's not such a bad thing to start re-asking fundamental questions like "Should writers be paid at all for their work?"

    2. Re:Rhetoric by Migraineman · · Score: 1

      Kudos for a very simple, concise description of the current situation.

      I'd personally like to see copyright forced into a structure more like patents. Patents must be registered to an individual. That person may assign rights to another person or company, but the patent is still his. Copyright should be associated with one or more living, breathing person(s). Corporate copyright ownership becomes a permanent monopoly, because "life plus N years" is meaningless in that context. A company is incapable of creating a work that "promotes the progress of science and useful arts." People do that.

    3. Re:Rhetoric by mbone · · Score: 1

      These changes were driven by corporations, not artists. There was no deep consideration of the longer terms, just a response to lobbying by corporate interests.

    4. Re:Rhetoric by morghanphoenix · · Score: 1

      Artistic works should be accessable to everyone,and anything that takes away from it is a bad thing. I'm not saying that Authors, Musicians, Actors and the like shouldn't be compensated for their work, but the attempt to compensate them should not make the work itself next to useless. The mindless lawsuits need to stop, and vendor lock-in for media (protected wma as an example) needs to be done away with. And really, a musician selling their album on Magnatune is probably making more money than someone who let WEA market their works (and drive them in to debt with advances, forcing them to put out mediocre if not outright bad filler albums in order to catch up)

    5. Re:Rhetoric by Dolohov · · Score: 1

      And if the changes are only benefiting corporations and not artists, then it's definitely time to revisit the old questions.

    6. Re:Rhetoric by BitZtream · · Score: 1

      Should writers be paid at all for their work?"

      You know, historically, artists were paid because people liked their work, not just because they made it.

      Now everyone seems to think they are entitled to be paid just because they did it, not because anyone liked it.

      While the points you made are great ones, you'll have too types of artists that respond to what you have written. One says 'I agree, and I don't really care about copyright cause my work is good enough that I'm going to get paid either way'. The other says 'I totally disagree, its my work, I controlly it, me, me, me, me, me, give me money now, me'.

      Can you guess which one is likely to produce art that you would be willing to pay for?

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    7. Re:Rhetoric by Dolohov · · Score: 1

      While the points you made are great ones, you'll have too types of artists that respond to what you have written. One says 'I agree, and I don't really care about copyright cause my work is good enough that I'm going to get paid either way'. The other says 'I totally disagree, its my work, I controlly it, me, me, me, me, me, give me money now, me'.

      Can you guess which one is likely to produce art that you would be willing to pay for?

      You know, I sat and thought about this, and I'm really not sure. I've read authors in both categories who were wonderful, and writers in both categories who were... not. Ultimately, the attitude toward control over one's work seems to be mostly orthogonal to actual ability.

    8. Re:Rhetoric by Oligonicella · · Score: 1

      "Should programmers be paid at all for their work?"

      Or any class of worker at all. That is where that road leads.

      How do you suggest a writer live? They should write because they love writing? Same for programmers/db/admins...... The question applies to your own job, you know.

    9. Re:Rhetoric by Dolohov · · Score: 1

      If you mean work-for-hire in jobs where they do not hold copyright over their own work, yes - they are exactly like writers-for-hire in that regard. Anyone who contracts for work deserves everything their contract specifies, usually money.

      If you mean sitting at home and programming one's own projects, they are in exactly the same boat as novelists: asking society for the privilege of exclusive control of their work in exchange for having produced the work in the first place, regardless of their talent or the merit or value of the work in question. It's an excellent question to ask.

      Note that I'm not saying that the answer is no. Nowhere do I even hint that the answer is no - you're attacking a straw man here, and looking quite foolish.

      How about some other questions:
      "Should bad writers be paid for their work?"
      "Should jugglers be paid for their work?"
      "Should Slashdot commenters be paid for their work?"

    10. Re:Rhetoric by Oligonicella · · Score: 1

      "(and drive them in to debt with advances, forcing them to put out mediocre if not outright bad filler albums in order to catch up)"

      You're confusing advances on a work with the artist's inability to manage their finances.

      Advances on written work is just a partial or down payment on the full amount.

  9. Truly, a new low for Slashdot. by Anonymous Coward · · Score: 0

    en tea

  10. Writers who should not be paid by qbzzt · · Score: 4, Insightful

    Should writers be paid at all for their work?

    Not for out of copyright works. If you've been dead for seventy years you can do without the money.

    Not for discussing Google as a monopoly provider of out of copyright works anybody is allowed to copy either, for that matter.

    --
    -- Support a free market in the field of government
    1. Re:Writers who should not be paid by noidentity · · Score: 1, Interesting

      Actually, I think writers should be able to get paid for their work, just as others do... work, as in labor. And only paid once.

    2. Re:Writers who should not be paid by rjolley · · Score: 1

      Who the hell is going to pay them only once? The first reader of the publication? The publisher? There is nobody to pay an artist only once because nobody except a publisher can afford $500,000 for a book that took 10 years to write. Who will then profit for years of sales while the artist gets only a TINY percentage of the actual value of the work they produced. Do you happen to work for a publishing company? This is by far the stupidest thing I have read on slashdot in a while.

    3. Re:Writers who should not be paid by Dolohov · · Score: 1

      Yeah, but who does the paying, and who sets the price? Right now the idea is that most of the people who make use of a work pay a small amount to the author. Sum that up over the author's life, and that's a reasonable approximation of the price of the work, paid out by a reasonable approximation of society as a whole. In a lot of ways, that's a really crappy way to get paid for your labor.

      Me, I'd like to see a Public Domain advocate -- an charitable organization with a decent bankroll that buys creative works on behalf of society, paying a lump sum in exchange for an immediate transfer into the public domain.

    4. Re:Writers who should not be paid by Scrameustache · · Score: 1

      Actually, I think writers should be able to get paid for their work, just as others do... work, as in labor. And only paid once.

      And I suppose that the printers should be paid just once too, no matter how many copies they produce?

      You wouldn't be saying that they deserve to make money for ever and ever over the work of others, without giving the creator of that work their cut, would you?

      --

      You can't take the sky from me...

    5. Re:Writers who should not be paid by ColdWetDog · · Score: 1

      Me, I'd like to see a Public Domain advocate -- an charitable organization with a decent bankroll that buys creative works on behalf of society, paying a lump sum in exchange for an immediate transfer into the public domain.

      Oh, perhaps something like this?

      Probably not exactly what you had in mind, but there it is. Personally, I'm a bit divided as to the intrinsic merit of something like this. On one had, the grouchy cost conscious republican in me thinks that the 'government' has no business spending money in this sphere. OTOH, the government (both federal, state and local) routinely wastes more money in an hour than the NEA goes through all year. Enjoy (while you can).

      --
      Faster! Faster! Faster would be better!
    6. Re:Writers who should not be paid by MBGMorden · · Score: 1

      To be fair, the printers are CONTINUING work each time they print a new book. That's the way the natural world works. The carpenter gets money for a chair he builds. He doesn't get money every time somebody sits in it or every time somebody likes it and decides to build another like it. Publishers are much the same (and there are many publishers who even specialize in printing public domain books - Dover Thrift Editions come to mind for example) in that they continue to work and expend materials each time a copy of a book is made. Copyright is the only exception where it's somehow created a situation where people can do one bit of work and then continue to profit from that for eternity (as far as they're concerned).

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    7. Re:Writers who should not be paid by Dolohov · · Score: 1

      I thought that the recipients of NEA grants kept the copyright to their respective works?

      No, I was more thinking, a group that would approach the author (or estate) who owned a work that is already completed and published and maybe not selling well, and saying, "Hey, we'll give you a thousand bucks to release this title into the public domain." and the author either takes it or leaves it. Maybe it'd be spent a few hundred bucks at a time so that old sci-fi authors can retire. Maybe they'd save up a billion dollars to buy Star Wars so someone can fix the prequels.

      That's why I like the idea of a private organization for this; I'm uncomfortable with these decisions being made by people who aren't responsible for raising the money in the first place. I think they'd make bad decisions that would ultimately doom the project. But the NEA would be free to give them a grant!

    8. Re:Writers who should not be paid by qbzzt · · Score: 2, Insightful

      work, as in labor. And only paid once.

      The problem is that in most cases nobody knows how valuable the work is going to be. Therefore, it is hard to price the work until you see how many people will pay to read it.

      --
      -- Support a free market in the field of government
    9. Re:Writers who should not be paid by Dogtanian · · Score: 1

      Actually, I think writers should be able to get paid for their work, just as others do... work, as in labor. And only paid once.

      And I suppose that the printers should be paid just once too, no matter how many copies they produce?

      Desirable or not, that would be consistent with the OP's logic; the printers generally get paid once at an agreed rate for each item they print, then get no further payment for those same physical items in the future. Of course, if they wanted to make more money, they could print more copies at an agreed rate. Just like a writer could write more books if he wanted more money.

      That's not a position that I'm arguing for or agree with personally. However, it *is* the logical extension of the OP's position, not your flawed implication that following the same logic would result in printers being obliged to churn out endless copies for free.

      (And does "printers" cover *any* printers, or just those printing on behalf of- and therefore effectively representing- the "publishers"? Because it makes a major difference to your implied point.)

      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    10. Re:Writers who should not be paid by cdrguru · · Score: 1

      Wouldn't this be better done by a government agency that was responsible for compensating all creative people? Then there could be a set price for each type of work, such as a song or a novel. As long as the work could be classified as a "song" rather than say a ballad, aria, rap, or chant. There would be a lot of work in determining the classification and the compensation for each clssification, so much so that it would require a huge bureaucracy to deveop these on an annual basis.

      This would then ensure that all creative works were compensated fairly.

    11. Re:Writers who should not be paid by ultranova · · Score: 1

      And I suppose that the printers should be paid just once too, no matter how many copies they produce?

      Well, yes. Why should I pay the printer again for my copy just because he prints another one?

      You wouldn't be saying that they deserve to make money for ever and ever over the work of others, without giving the creator of that work their cut, would you?

      Now that you mention it, my local supermarket keeps on benefiting from the work of those who build it, yet they only got paid once. Should the builders sue for their fair cut of the profits their hard work made possible?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    12. Re:Writers who should not be paid by DM9290 · · Score: 1

      if no one is willing to pay them, then the free market has spoken. no one wants the book to be written.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    13. Re:Writers who should not be paid by rjolley · · Score: 1

      If you want it to be up to the free market you have to have a pricing structure that allows the market to consume the work. This most certainly is not one that pays the creator only once.

    14. Re:Writers who should not be paid by Oligonicella · · Score: 1

      To the parent of this post, the thing has now been replaced.

    15. Re:Writers who should not be paid by Dolohov · · Score: 1

      See, but I don't think that all creative people should be compensated just because they're creative. I've seen far too much modern art for that. They certainly should not be compensated equally by classification, but rather by value. Not all short stories are worth the same amount; some of them are real gems that maybe the author shouldn't let go of permanently for less than a few grand. Some of them are not worth paying anything to accelerate copyright expiry.

      A private foundation - or better a series of them with different missions and expertise - would be much better at finding and buying things of value. A government agency would never get around to looking at a lot of early horror or sci-fi, let alone come up with a good price for them.

    16. Re:Writers who should not be paid by Scrameustache · · Score: 1

      To be fair, the printers are CONTINUING work each time they print a new book.

      And what new books will they print when all the authors have died from lack of food?

      This is EXACTLY the situation that led to copy rights being created: Printers making money off other people's writing without giving the writer his share.

      Copyright is the only exception where it's somehow created a situation where people can do one bit of work and then continue to profit from that for eternity (as far as they're concerned).

      What work has a landowner done each month to deserve rent?

      --

      You can't take the sky from me...

    17. Re:Writers who should not be paid by MBGMorden · · Score: 1

      And what new books will they print when all the authors have died from lack of food?

      You act as if some poor unfortunate souls are born authors and they can't do anything different. Books and stories were written for a long time before copyright existed. Did the Illiad have a copyright on it? Did the Bible? What about Beowulf? The Canterbury Tales? Le Morte d'Arthur? These works were not the last gasp of a dying author. They were stories that were told because someone wanted to tell them. Simple as that.

      The same applies to software and GPL'd code: are all the authors of little projects like mplayer and GIMP dying of starvation? No. Most of them have some other means of support but they wish to create something because they enjoy doing it.

      This is EXACTLY the situation that led to copy rights being created: Printers making money off other people's writing without giving the writer his share.

      And that's the crux of the matter. The author told a story. Whether he was paid to, felt creative at the time, or was simply jotting down the ramblings of a madman, the cat is now out of the bag. Your story was only yours so long as it stayed in your head. When the world knows it, then it rightly belongs to the word. A printer simply adds value by fixing it into a physical medium. This is work, and a service worth paying for. Only for the labor and cost associated with making the duplicate though.

      What work has a landowner done each month to deserve rent?

      No labor, but they are committing a fixed resource. Giving up that land means that they lose use of it. In cases of copyright, nothing is lost. The supply is literally infinite, and in natural economics as supply approaches infinity, cost approaches zero.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    18. Re:Writers who should not be paid by Scrameustache · · Score: 1

      Books and stories were written for a long time before copyright existed. Did the Illiad have a copyright on it?

      Those existed long before the PRINTING PRESS existed: You're mentally defective. unable to see the stupid in your own arguments.

      --

      You can't take the sky from me...

    19. Re:Writers who should not be paid by MBGMorden · · Score: 1

      Those existed long before the PRINTING PRESS existed: You're mentally defective. unable to see the stupid in your own arguments.

      And what does that change? The printing press does not somehow suck the life force away from an author each time a book is pressed. Whether a work is copied 5 times scribbled out by some dedicated scribes or 5 million times by a high speed laser printer - the net change to the author is the same: ZERO.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
  11. Out of copyright by Anonymous Coward · · Score: 1, Insightful

    Miracle Jones - what part of "out of copyright" do you not understand?

    Idiot.

    No wonder publishing is going down the crapper, stodgy companies unable to adapt and whiny prima donna authors thinking everything that flows from their pen is manna from heaven.

    I'm not saying there isn't worthwhile stuff out there, it's just in the extreme minority these days.

  12. Public Domain! by IMarvinTPA · · Score: 4, Informative

    Why is the term "out-of-copyright" being used instead of "public domain"?

    When a copyrighted work's copyright expires, it goes into the public domain, which means there are no restrictions upon the work at all.

    IMarv

  13. "laughably inaccurate, biased and sensational" by Anonymous Coward · · Score: 0

    Slashdot in a nutshell.

    You're an imbecile, Rob.

  14. This isn't about "out of copyright" works by Animats · · Score: 5, Informative

    This isn't about "out of copyright" works. It's about works that are still under copyright, but out of print. Google effectively just bought the rights to all out of print books.

    Here's the Author's Guild description of the deal. Authors can opt out, but only have until May 9 to do so.

    These are the actual terms:

    The settlement, if Court-approved, will authorize Google to scan in-copyright Books and Inserts in the United States, and maintain an electronic database of Books. For out-of-print Books and, if permitted by Rightsholders of in-print Books, Google will be able to sell access to individual Books and institutional subscriptions to the database, place advertisements on any page dedicated to a Book, and make other commercial uses of Books. At any time, Rightsholders can change instructions to Google regarding any of those uses. Through a Book Rights Registry ("Registry") established by the settlement, Google will pay Rightsholders 63% of all revenues from these uses.

    1. Re:This isn't about "out of copyright" works by shutdown+-p+now · · Score: 1

      The settlement, if Court-approved, will authorize Google to scan in-copyright Books and Inserts in the United States, and maintain an electronic database of Books. For out-of-print Books and, if permitted by Rightsholders of in-print Books, Google will be able to sell access to individual Books and institutional subscriptions to the database, place advertisements on any page dedicated to a Book, and make other commercial uses of Books. At any time, Rightsholders can change instructions to Google regarding any of those uses. Through a Book Rights Registry ("Registry") established by the settlement, Google will pay Rightsholders 63% of all revenues from these uses.

      This actually sounds like a great deal that would fix a lot of copyright grievances, if only it wasn't Google-specific - i.e. if the above read "anyone will be able to sell access to individual books ..." etc.

      If the original publisher keeps it out of print, then, really, what justification there is for not putting it online? Note also that for cases where author simply does not desire that, or maybe when after a decade out of print the publisher is willing to do a re-print, there's still the option to opt-out. However, to allow this by default seems to be in the interest of the entire society here (consider also abandonware).

  15. Not out of copyright. by Anonymous Coward · · Score: 0

    This is about copyrighted works.

    Google is paying authors for the right to show segments of their works as the result of searches. This is free money and free advertising for authors, and something for which a strong case can be made for fair use.

    Beyond this, Google is agreeing authors over 60% of proceeds from subscriptions. This is a FAR higher percentage than authors get from book publishers.

    Any author may choose to opt out. Of course.

    Google may end up with a monopoly on out of print books. But I personally prefer that to the option we've been living with for the last several thousand years, where you couldn't reliably get out of print books.

  16. Get It Right by DynaSoar · · Score: 2, Interesting

    The first reply makes it quite clear that Google cannot have a "monopoly" over anything free. Paying for it unnecessarily and voluntarily was a kind gesture on Google's part.

    If Google is to be lambasted for "only" paying up to $300 per work, then what's to be said of Project Gutenburg, which has been giving away text of out of copyright books for years, and has paid the authors absolutely nothing?

    What's to be made of it all is TFA is a misguided, biased to the point of fictionalizing of details, underhanded attempt to foist tinfoil hat quality editorializing on /. in the guise of news. Had the MafIAA attempted to collect on out-of-copyright works, they'd be laughed out of court and rightfully humiliated in the press. That's the kind of treatment TFA deserves.

    --
    "I may be synthetic, but I'm not stupid." -- Bishop 341-B
    1. Re:Get It Right by Dolohov · · Score: 1

      Apparently TFA was simply incorrect - Google's agreement with the Author's Guild is over out of PRINT books, not out of copyright.

  17. Parent comment also laughably incorrect by RalphBNumbers · · Score: 4, Insightful

    The Google case *does* relate to full texts, *and* to whether an author should be paid the price of their choosing for their work.

    Basically, Google was able to settle a class action lawsuit in such a way that it was given rights to works from all members of a class (including the right to sell access to full texts for out of print books). So basically, unless you've taken action to exclude yourself from the class's deal, Google can sell almost anything you've ever written that is not currently in print, without any permission from you or your agents.

    Google has used brilliant legal tricks and some paltry millions to more or less turn the copyright system from opt-in to opt-out when it comes to selling on Google Books.

    I personally suspect that this will be a net win for everyone involved, Google, readers, and writers. But it would be wrong to downplay the importance of this case, and the potential impact of it's settlement.

    --
    "The worst tyrannies were the ones where a governance required its own logic on every embedded node." - Vernor Vinge
    1. Re:Parent comment also laughably incorrect by wastedlife · · Score: 1

      Basically, Google was able to settle a class action lawsuit in such a way that it was given rights to works from all members of a class (including the right to sell access to full texts for out of print books).

      Out of print or out of copyright? There is a very important difference. I thought Google Books was only giving full text for books that are out of copyright, and therefore they can do whatever they want and there is no consent required. I know the legal case was regarding google having a full-text searchable index, but they were only providing "previews" to end users. This is from Google Book's about page:

      If the book is out of copyright, or the publisher has given us permission, you'll be able to see a preview of the book, and in some cases the entire text. If it's in the public domain, you're free to download a PDF copy. Learn more about the different views.

      Are you saying the "if the author has given us permission" part is covered by the settlement for full-text viewing?

      --
      Said, "It's just like dice but it's got more sides And it tells me who lives and who dies"
    2. Re:Parent comment also laughably incorrect by roggg · · Score: 3, Interesting

      Out of print or out of copyright? There is a very important difference. I thought Google Books was only giving full text for books that are out of copyright, and therefore they can do whatever they want and there is no consent required.

      I only skimmed the actual agreement, but it looks like Google is claiming the right by default to sell any book that they determine is not "commercially available" (ie out of print), and to pay royalties on that book. The rights holder as the right to opt out of that at any time, but by default Google is claiming that the settlement gives them that right.

      IANAL, but I don't see how a settlement of a class action suit AGAINST Google can actually transfer rights to them from class members.

    3. Re:Parent comment also laughably incorrect by rossifer · · Score: 1

      Yup. Google is putting up works that are in copyright and covered by the settlement (which is an enormous corpus of in-copyright works).

      So far, when I've ended up on a Google books search result, the book has usually been in stock at Amazon and bn.com (with helpful links to those pages on the right side of the page). Now, these in-copyright search results are compromised, in that Google pulls random pages from the viewer so that you can't just read the whole thing. Normally there's at least one page on either side of the page they sent you to, then some skips, then more pages, etc.

      I'd actually like to see if Google books puts full text up for non-copyrighted works. Would be interesting to see if that reader widget can be useful for reading a book...

    4. Re:Parent comment also laughably incorrect by rossifer · · Score: 1

      There's a 1900 edition of Sherlock Holmes that seems to allow reading from beginning to end. Hmmm...

    5. Re:Parent comment also laughably incorrect by wastedlife · · Score: 1

      IANAL, but I don't see how a settlement of a class action suit AGAINST Google can actually transfer rights to them from class members.

      Yeah, that would be like a class-action suit against for a car defect where part of the settlement entitles the car manufacturer to the class members' first-born.

      --
      Said, "It's just like dice but it's got more sides And it tells me who lives and who dies"
    6. Re:Parent comment also laughably incorrect by wastedlife · · Score: 1

      Whoops. Make that "a class-action suit against a car manufacturer for a car defect".

      --
      Said, "It's just like dice but it's got more sides And it tells me who lives and who dies"
    7. Re:Parent comment also laughably incorrect by rossifer · · Score: 4, Interesting

      That's the result of a settlement with the class. As soon as the judge certifies the settlement, it applies to both parties, including the class, and can bind members of the class from subsequent litigation.

      The judge's certification is supposed to verify that the various obligations of the settlement are in the fiduciary interest of the class and the plaintiff, to prevent the class lawyers from writing a settlement which only benefits themselves, for instance.

      So the question here is: is the settlement in the fiduciary interest of the class members or did the judge make an error in certifying the settlement?

    8. Re:Parent comment also laughably incorrect by EllisDees · · Score: 1

      All works created in 1900 are now in the public domain.

      --
      -- Give me ambiguity or give me something else!
    9. Re:Parent comment also laughably incorrect by Chyeld · · Score: 1

      Google has always let you peruse the complete work when they believe (either by expiration of copyright or by consent of the rights holder) they are able to. The rest have always been contrained to just the search phrase and a 'random' selection of pages often chosen by the publisher.

    10. Re:Parent comment also laughably incorrect by elrous0 · · Score: 1

      "Rights" in the sense of "the rights to allow people to search these texts and see a small slice where their search hit" *NOT* "rights to reprint them or republish them without the original copyright holder's consent." That's a pretty big distinction--one which the summary completely ignored in favor of the more sensational "Google is out to steal your copyrighted books!!" approach.

      I would also add that Google (and pretty much every search engine) already does the EXACT same thing with websites, and I don't hear any website creators complaining about Google "stealing" their work just because an excerpt from their site pops up in a list of Google search results.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    11. Re:Parent comment also laughably incorrect by pjt33 · · Score: 1

      Are you certain? My understanding is that the time period which must expire for works to enter the public domain begins not when the work is created but when the creator dies. (IANAA).

    12. Re:Parent comment also laughably incorrect by ngg · · Score: 1

      IANAL, but that's only for works created after a certain date, when new(er) copyright laws were enacted. That's why, for example, wikipedia is able to basically take entire articles verbatim from the 1911 (I think) edition of the Encyclopedia Britannica.

    13. Re:Parent comment also laughably incorrect by Eskarel · · Score: 1

      Well, assuming that the GP is correct, having google sell out of print works and pay royalties is certainly in the fiduciary interest of authors. Royalties on something are certainly better than royalties on nothing.

      They may or may not be in the interest of publishers, but publishers can always make the book commercially available again if there is sufficient demand.

      This is actually one of the biggest questions of copyright. If the holder of the copyright and/or the distribution rights doesn't want to distribute the work, does someone else have the right to distribute it, and at what level of compensation to the rights holder(s).

      Books are actually a pretty good place to start since the royalty agreements for authors are reasonably well codified as far as I'm aware and copyright is almost never transferred to the publisher under these circumstances.

      Realistically, a settlement on this issue is probably in the best interest of publishers because a court case actually determining whether distributions rights apply when you refused to disrtibute might not swing their way.

    14. Re:Parent comment also laughably incorrect by EllisDees · · Score: 1

      Oops. I was wrong. There are some cases where copyright can still be in effect for earlier works. Here is an interesting list of all the different combinations:

      http://www.copyright.cornell.edu/public_domain/

      --
      -- Give me ambiguity or give me something else!
  18. Half? by Aziabel · · Score: 1

    And since when is 45/125=.5?

    36%, not 50%; quite a big difference. Sensationalist, indeed.

    --


    49 20 61 72 65 20 6E 65 72 64 2E
    1. Re:Half? by Anonymous Coward · · Score: 1, Informative

      Right, only 36% was paid to writers. :)

    2. Re:Half? by wastedlife · · Score: 1

      Erm, the author's guild is taking the 64%, the 36% is what is going to the author's themselves. Looks like the RIAA has some competition in the "fuck the artists as hard as possible" department.

      --
      Said, "It's just like dice but it's got more sides And it tells me who lives and who dies"
    3. Re:Half? by GameMaster · · Score: 1

      Yes, the summary was wrong. Yes, there is a big difference between 36% and 50%. However, how stupid do you look when you use that mistake to call the article sensationalist after missing the, clearly stated, fact that the authors are the ones getting the 36%?

      --

      Rules of Conduct:
      #1 - The DM is always right.
      #2 - If the DM is wrong, see rule #1
  19. Well, I didn't vote for them by cherokee158 · · Score: 1

    This must be one of the most self-serving organizations on the planet. Why on Earth anyone would want to join them is beyond me. Their annual dues BEGIN at 90 dollars a year and are adjusted on a sliding scale for an author's writing income(!) In exchange, what do they provide? A quarterly newsletter, "discount" health, legal and web services, and, uh, oh yes, they will work very hard to sue anyone attempting to promote your writing, like Google, Amazon, etc.

    Just how do they recruit members? Do they send trench-coated representatives in the middle of the night to your house and make you an offer you can't refuse? Do they even have any members? Who is bankrolling these nutballs?

    I smell a scam. It smells a lot like lawyers looking for work...

    1. Re:Well, I didn't vote for them by SnarfQuest · · Score: 1

      Why on Earth anyone would want to join them is beyond me.

      Don't blaim me, I voted for Kodos.

      --
      Who would win this election: Andrew Weiner vs Andrew Weiner's weiner.
    2. Re:Well, I didn't vote for them by yuna49 · · Score: 1

      This isn't a defense of the Guild or this suit, but most class-action litigations pay a healthy share of any settlement to the plaintiffs' attorneys. This is seen as just compensation for the fact that the plaintiffs' attorneys cover all the costs of pursuing the case and get nothing if the suit is dismissed (a "contingency" agreement). So it's certainly possible that some $30-40 million of that $125 million is going to the Guild's attorneys.

  20. I don't understand... by Chris+Mattern · · Score: 1

    How can you have a monopoly on out-of-copyright books?

  21. Author's Guild vs. WGAW by Anonymous Coward · · Score: 0

    Everywhere, I see "Author's Guild" in quotes. As a relative of an author, I happen to know that the proper union is the Writer's Guild of America, West" (WGAW). Does this "Author's Guild" really speak for the authors its claiming to represent?

    1. Re:Author's Guild vs. WGAW by julesh · · Score: 1

      As a relative of an author, I happen to know that the proper union is the Writer's Guild of America, West" (WGAW).

      From their web site's description tag: "The WGAw represents writers in the motion picture, broadcast, cable and new media industries." The WGAW is only the proper union if you're a screenwriter.

  22. Authors' Guild doesn't represent writers? by Anonymous Coward · · Score: 0

    When was the last time any trade union/group represented its members?

  23. Correct summary ? by v1 · · Score: 1

    seems to be that google decided that it was easier to pay off the writer's guild to prevent them from filing a meritless suit against google for using out-of-copyright materials. I don't consider google the enemy here, I think it's retarded that they had to bribe someone to prevent them from engaging in meritless litigation against them. At least they didn't have to pay a lot for it. Though probably this was the best way for Google to go when it all comes down to it, in today's screwed up legal world.

    --
    I work for the Department of Redundancy Department.
  24. The publishing stranglehold is failing anyway by einhverfr · · Score: 5, Interesting

    The publishing industry worked very well when the only way you could self-publish was with expensive long offset runs. Nowadays, print on demand is making self-publishing much easier and more affordable. Add to it affordable typesetting/design software, and you have a chance to really crack these cartels.

    I recently published my book via a POD publisher (Booksurge). You can see it at http://www.amazon.com/gp/product/1439223084/

    I also do micro-runs for wholesale (100 copies of the book at a time).

    Interestingly.... I did the entire book design, including the cover, in LaTeX. It came out great. I am extremely happy with the quality that the free software in this area is able to provide. The only few issues are design mistakes I made, and not software limitations (the barcode should be placed differently on the back, etc).

    My most recent journal entry includes a follow-up post on advice for people designing books using LaTeX.

    --

    LedgerSMB: Open source Accounting/ERP
    1. Re:The publishing stranglehold is failing anyway by innocent_white_lamb · · Score: 1

      (the barcode should be placed differently on the back, etc).
       
      You had to pay substantial bucks for the barcode, though? Or where/how did you get it otherwise?
       
      Friends of mine run a small publishing company and I know that they paid at least hundreds of dollars and maybe thousands for bar codes for their products to some international registration outfit.

      --
      If you're a zombie and you know it, bite your friend!
    2. Re:The publishing stranglehold is failing anyway by einhverfr · · Score: 2, Interesting

      I generated the barcode in LaTeX based on the ISBN that came as part of my $299 publishing package. This $299 also included having them verify the electronic proof and hard copy proof, sending a hard copy proof to me for review, etc.

      You can actually buy an ISBN for a couple hundred dollars directly but this is inefficient. If you are buying 10 of them, they cost about $100 each, and if you are buying 100, you get them for about $13 each..... As I set up my publishing business, I will be buying a 100-ISBN bundle.

      --

      LedgerSMB: Open source Accounting/ERP
    3. Re:The publishing stranglehold is failing anyway by Anonymous Coward · · Score: 0

      you seem to be the perfect candidate for a
      donation to LaTeX.
      Did you pony up ?

    4. Re:The publishing stranglehold is failing anyway by einhverfr · · Score: 1

      I am actually working on some code contributions for LaTeX in the form of various packages. Anyone can donate money, code donations are often more important. I want to get FREE versions of OCR-B fonts out so that one doesnt have to buy them for commercial work (the ones from LaTeX are free for non-commercial use only).

      --

      LedgerSMB: Open source Accounting/ERP
    5. Re:The publishing stranglehold is failing anyway by Anonymous Coward · · Score: 0

      It seems like you're not the only one who isn't a member. According to wikipedia...

      "The Authors Guild is an organization of and for published authors. It has around eight thousand members, among them authors, literary agents and attorneys (who mainly deal in book publishing). The current president is Roy Blount Jr. The Guild is primarily a litigation agency."

      Somehow I think 8,000 members seems to fall short of covering every author in the world. I don't see how they have the right to represent anyone but their members. If that were the case, then I could start up my own organization. Get a few members, and then we could sue Google on behalf of all sites having their pornography stolen by Google's image search. ;)

  25. Sorry by Miracle+Jones · · Score: 2, Informative

    That should be "out-of-print," not "out-of-copyright." NOW everybody go nuts and tell me how terrible I am. --Jones

  26. Seems right to me by BigBadBus · · Score: 4, Interesting
    I'm a writer, and I agree that more of the book's profits should go to the person who did all the hard work actually writing the text, researching the material etc. Thats not to see that a publisher shouldn't get something; after all, they bind, market and distribute the books, but surely the people who provided the publisher with its profits shouldn't get more money? A friend is a successful author and he gets only 1/17th of the profits of the book. I decided to write my book as an ebook, so that the profits come direct to me and not some pen pushing non entity, but I come across the problems of marketing and publicity.

    Moral: authors (unless you are established) just can't win. Makes you wonder why we bother.

    1. Re:Seems right to me by taustin · · Score: 1

      Your friend gets 1/17th of the profits? Or 1/17th of the retail price? 6% of the sale price is about right for most areas of publishing, from what I'm told. 6% of the profits, however, is another matter entirely. I'll buy you lunch if it's actually 1/17th of the profits.

    2. Re:Seems right to me by einhverfr · · Score: 1, Interesting

      You should look at on-demand publishers too. Many will let you set the price of the book and just charge a flat rate for producing it. It cost me $299 to set my book (http://www.amazon.com/gp/product/1439223084) up for print-on-demand through Booksurge. They don't let me set the price, but I get 35% of list price as royalties through retail channels.

      I am also looking at creating a publishing business and expect to do some things differently (generally pay authors 20% of list price on every book sale, but asking in return for a certain number of royalty-free copies for promotional use etc). If you do your own book design often times you can get a discount. What we would do is help with editing, design, etc. and coordinate with authors on marketing (we would get a share probably similar to the author on wholesale sales, and less than the author on distributor sales).

      Books would be available both in paper and ebook formats (probably PDF) too. No, we won't use DRM either

      --

      LedgerSMB: Open source Accounting/ERP
    3. Re:Seems right to me by BitZtream · · Score: 1

      How much are you going to pay the people who invented and contributed to the language you are using in your book?

      It seems only fair. Since you are demanding payment for your contribution, I demand payment for mine. I speak and contribute to the language on a daily basis, sometimes inventing new words, but these are part of the whole package and may not be excluded from the language. (This is all in my standard contract, which you failed to read/sign before using my contributions to language).

      So, unless you would like to go to court, I demand 105% of all profits you make off of any book you sell. If you would like to come to a mutual agreement, I will table the offer that if you release your book into the public domain, I won't sue you for using 'Language' (to which I have contributed) in your 'Work'.

      IANAL, but I highly recommend you get contracts from the other billions of people on the planet as well, as they have all contributed to the work known as 'Language' as well.

      Hint: If you can't make money off your work in todays age, without a publisher, using the Internet, your work isn't that good. Why is it that artists are one of those groups of people that have no concept of reality? Why do you assume that the reason your 'Work' isn't selling is anything other than the fact that its crap that no one cares about?

      EVERYONE now days writes a book. It doesn't even take a basic understanding of supply and demand to understand why books don't sell. For every hundred thousand books written, maybe 1 of them is worth a crap. Even if your work would have been considered 'great' at one point in time, you are competing with EVERYONE else who thinks they should be an artist. And just like all the other artists, we don't have time to read the shit your shoveling either. We have more important issues to deal with, like turning these retarded copyright lawsuites into something that spanks you instead of helping you.

      Want to make money? Do something you are good at. If you can't get random people off the internet to buy your 'product' (be it art or anything else for that matter), then your product sucks ass. I've sold bags of cigarette butts on eBay. If I can do that, and you can't sell your book, I'd have to say you need to do a personal inventory and goals adjustment I think.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    4. Re:Seems right to me by Clovis42 · · Score: 1

      Makes you wonder why we bother.

      Because you have a passion for writing?? Why do people bother to spend hours updating Wikipedia? Why do people have to be paid for everything that they do?

      --
      Clovis
      ^ Clovis, look! It's that guy you are!
    5. Re:Seems right to me by Bryan+Ischo · · Score: 1

      Huh. Sounds like those publishers are providing more value than you are giving them credit for.

    6. Re:Seems right to me by julesh · · Score: 1

      Thats not to see that a publisher shouldn't get something; after all, they bind, market and distribute the books

      Printers bind and distribute boks. Publishers don't normally do a lot to market books. But what they do do is provide the author with assistance in improving the book via constructive feedback, and then provide a list of books that they have chosen because they think they will sell well to distributors and book shops. Being on that list is the key to getting your book in front of people to have them consider whether or not to buy it, and it is the primary service that publishers provide.

    7. Re:Seems right to me by LordLucless · · Score: 1

      But it's never that way. You'd think that the people who provide the supermarkets with most of their profits would deserve more, but farmers get paid squat. It's the same in almost every industry - actual production is the lowest level.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
  27. Should writers bother writing for deadbeats? by Loosifur · · Score: 4, Insightful

    I'm going to go out on a limb here and guess that you aren't a professional writer, or at least not a professional writer of fiction.

    Here's the thing. Putting aside the ridiculous assumption that you have a right to the product of someone else's creative efforts by virtue of being born, people gotta eat, right? So let's say that music is free to whoever wants it, and anyone can play it or listen to it whenever with no consideration to the creator of the work. Now, the only people making money from music are the people who are playing it. That's fine, as far as it goes; songwriters would either learn an instrument or go in to a different line of work. You can project how this would affect music but the bottom line is that musicians could still make money.

    An author only makes money when someone pays for their work. An author only makes money when someone pays for their work. Read that one more time, just to get it firmly in your head. Essayists and authors of short stories are usually freelance, and novelists have to commit a serious length of time and effort to put out one saleable work. Even if you get rid of freelancing somehow and just rely on staff writers (which would result in lower-quality, monolithic work) there's no such thing as a "staff novelist". And it's a little silly to suggest that authors should only be paid for reading their books to live audiences. So, the only time an author makes a profit, or a return on the investment of time and effort he/she has made, is when they sell the rights to a publisher or copies to readers (if they self-publish). Take that away, and no one will write works of any real length. Why? Because they can't afford to spend 3 months writing a book for which they will receive little or no money with which to support themselves, and it takes a damn long time to write a novel if you've got to work a full-time day job.

    There's also the issue of justice. My work does not, I repeat, does not belong to all humanity. Humanity has never in its long and illustrious history written a damn thing. Saying that a particular work of art belongs to "humanity" as opposed to the artist who made it makes about as much sense as saying that your car belongs to humanity. And, as for the right to alter a work and claim it as your own, how would you feel if you built a house and then someone slapped a coat of paint on it, sold it, and kept the profits? Besides, authors are perfectly welcome to release works for free. How many good novels have you seen written by modern, living authors for free?

    You talk about "we" and "society" and "humanity" giving up rights to the creative works of individuals as if "society" even has some sort of rights in that regard. By your logic, "society" has the right to anyone and everyone's labor, unless you believe that art, music and literature are somehow inferior to other kinds of work. You talk about authors making their works "less accessible and less useful to society" as if authors have some sort of occupational responsibility above and beyond that of any other career. For one thing, it's a little like accusing shop owners with burglar alarms of making their goods less accessible and useful to society. For another, our country isn't and has never been about people having a responsibility to make themselves useful to society. Assuming we're talking about the US, we're based around the idea that individuals have the right to do whatever they want to as a profession (assuming it's legal) and make whatever money they can doing it. Maybe you're thinking of a command economy, like a communist or socialist system, both of which aren't exactly renowned for their tendencies to develop great works of art, or even decent works of art for that matter.

    This was a bit of a tirade, but I'm a writer (as yet unpublished), as are several of my friends, and if you were to suggest to any of us that you had some sort of right to the stories we've spent hours, days, weeks or months writing, rewriting and generally trying to cobble in to the best shape possible after racking our brains for inspiration that might or might not come, it's even money as to whether you'd get laughed out of the room or carried out on a stretcher. And we've all got day jobs.

    --
    This unbiased moderation brought to you by the Porcine Aviation Group!
    1. Re:Should writers bother writing for deadbeats? by Dolohov · · Score: 3, Insightful

      Putting aside the ridiculous assumption that you have a right to the product of someone else's creative efforts by virtue of being born, people gotta eat, right?

      Fine. Give up your right and your childrens' rights to the work of Shakespeare, Coleridge, Handel, Mozart, Bach, Homer, Cicero, da Vinci, and all the other people who were infinitely more talented than you will ever be. Then we'll talk about who has rights to whose works and when.

    2. Re:Should writers bother writing for deadbeats? by __aasqbs9791 · · Score: 1

      I can see you have a significant emotional connection to this thread. But people did write novels before copyright existed. And many of them were damn good. And people would continue to do so, as some people can't help themselves; there's a story in them and it fights to get out.

      But I think the original poster wasn't so much talking about abolishing copyright, but more using it as a starting place to examine how much control (and for how long) such a monopoly should last. It used to be 28 years if you registered your copyright in this country, with an option to renew it for 28 more. It is far more than that now, without any need to register it (well, there are reasons to do so, but you don't have to register it I mean). Copyright is creeping up in duration every few years (every time Mickey Mouse is getting close, strange how that works, huh?) and we as a society need to decide if that is fair. How do we as society benefit from this unnatural control over ideas? I do think we benefit from the encouragement it offers, but I think we have gone too far and are now suffering for it.

      Every author builds upon those who came before them. We are inspired by previous authors. We can not ignore the fact that our works are not created in a vacuum. Society has made such things possible, and therefore they grant us this unnatural control, in exchange for the rights to use the things we create freely at some point in the future. The natural state for the world would be a complete lack of copyright. If I tell you something, it is like allowing you to light a torch at my campfire. You may carry that torch away and light another campfire, all without my campfire getting any weaker (apologies to Thomas Jefferson).

      I, too, am an unpublished author, and while I will probably never be more than I am (I am too harsh a critic to ever stop adjusting things here and there) I can still step back and see that copyright has gone too far.

    3. Re:Should writers bother writing for deadbeats? by BitZtream · · Score: 0, Troll

      The problem isn't that writers are getting paid for their work.

      The problem is that the way it is now, great grand children can profit off their work, which is utterly ridiculous.

      'Your Work' is nothing but a pattern of thoughts. You are not the only one capable of those thoughts. It is entirely possibly that I could produce the exact same work as you. Extremely unlikely, sure, but possible. And you think just because you did it first, I should not be able to do it myself? I haven't seen it documented anywhere that god said YOU are the sole source of thought in the universe and that only you are capable of thinking up what you write.

      The very act of my speaking your written words out loud changes them, it makes them now MY work. It is not your work. Your work involved putting it in writing. My work involved speaking it aloud. My work will be different from yours if nothing else but for the fact that I will probably misspeak a word, or read a sentence wrong. You think you own that as well? Perhaps I change it and make it 'better' (or worse for that matter), do you think you are entitled to those rights as well?

      You aren't doing anything new yourself. You speak as if it is YOUR work. Well YOUR work depends on a language developed BY humanity FOR humanity, not for you to profit, so stop using language that everyone else uses, THEN you can call it YOUR work. And YOUR work will be USELESS because it is no longer built on the work of humanity. Its nice that you feel that its okay for you to use the work of those that came before you, but those that come after you have no right to use yours. You my friend are fucked up indeed.

      Do you feel you should still be paying the people who built your home for the rest of their lives and well into their children and grandchildrens lives?

      Why is it different for every other job in the world, except 'artists'. Why are we propping up bad artists, who do it solely for the money? Great artists will do it anyway. Just like every other field in the world, the 'great' works don't come from people who do it for the money.

      You didn't have tell us you were a writer, it was obvious to all in your first sentence. Usually the guy whining is the guy who likes the free ride he's getting and doesn't want to have to get a real job, you just stand out as a prime example.

      Get a job you lazy bum. If people aren't buying your work, it isn't that good. Period. Calling other people lazy for using YOUR work, do something original, then its YOUR work. The instant you wrote in a language you didn't invent, or was built on top of another language then it isn't YOUR work anymore, its a collective work of humanity, to which you made one of the most recent contributions. Your a douchebag for thinking that you made the only contributions, and a douchebag for thinking that you should be compensated for long periods of time for something that provides zero tangible value.

      You point out that communism or socialism aren't known for great works of art as if it was financial incentives that produced histories great works. Funny that the truely great culture in our world has come from people that never profited from selling copies of their original works for years after they were written, or even when they were written.

      If you think you have the only rights to YOUR works, then I demand that you stop using the language that my father, and my entire family tree has contributed to, it is OUR work, and I refuse you rights to use my work.

      Sound ludicrous? Yes, it does. It was meant to as I can not figure out any way to get through the thick skull of people like you that you are not original, nor are you the sole contributor to what you claim as your own, so all of this bullshit you say about 'your work' is just that, bullshit. It IS humanities work. Without humanity your work would not exist. Get over yourself.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    4. Re:Should writers bother writing for deadbeats? by DavidTC · · Score: 1

      I think at the very very very least we should require registration and renewal for copyrights every X years, I'd go for '15' but that's negotiable. You said 28, but I think originally, it was 14, renewable another 14. And then it was 28, renewable another 28. I'd pick '15' because that's more 'even'. (Yes, I know it's not actually even, but we like multiples of five now better than seven, which we used to like more. Society is weird.)

      There is absolutely no argument against that. There simply isn't one that can be made. There is no logical reason we shouldn't do that.

      If you cannot afford the cost of registering the copyright after years of controlling the property, and cannot get a loan against future earnings, the property is not actually earning any money and the argument you'll 'lose' money is nonsensical. The property, at that point, is worthless to you, and society doesn't need to 'incentive' you anymore.

      Meanwhile, it would mean that copyrighted materials would no longer rot away in movie studio vaults because no one's quite sure who owns the rights.

      I'd actually reduce that down even further for software and other things that will become 'worthless' even faster.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    5. Re:Should writers bother writing for deadbeats? by RegularFry · · Score: 1

      You make some very persuasive economic arguments. I was with you right up to here:

      Saying that a particular work of art belongs to "humanity" as opposed to the artist who made it makes about as much sense as saying that your car belongs to humanity

      Here you make precisely the mistake that the copyright industry wants you to make: that of assuming that intellectual works have the same limitations as physical property. It is perfectly possible for every human to have a (digital) copy of your work. It is not possible for everyone to have a piece of my car.

      By your logic, "society" has the right to anyone and everyone's labor, unless you believe that art, music and literature are somehow inferior to other kinds of work.

      They are not inferior, but they are fundamentally different in that there is no scarcity in their output. They have zero intrinsic value, what with copying being free. Any value assigned to them is entirely artificial, and, economics being what it is, that value is effectively a loan from society to the artist/musician/novelist, to be repaid in the form of creative output which, in time, becomes public domain.

      This was a bit of a tirade, but I'm a writer (as yet unpublished), as are several of my friends, and if you were to suggest to any of us that you had some sort of right to the stories we've spent hours, days, weeks or months writing, rewriting and generally trying to cobble in to the best shape possible after racking our brains for inspiration that might or might not come, it's even money as to whether you'd get laughed out of the room or carried out on a stretcher.

      Nobody is underestimating the effort it takes to write a novel. However, a novel is a collection of words, an idea. Once you've exposed anyone else to it, to say that they don't have a right to that idea is to say that you have a right to control their thoughts. If, economically, the only way to sustain a novel-writing industry is to legislate precisely that, then so be it. I'd much rather have copyright than not in that case, provided the terms are sane. Currently they are not.

      --
      Reality is the ultimate Rorschach.
    6. Re:Should writers bother writing for deadbeats? by einhverfr · · Score: 1

      I am a writer of non-fiction, and Google Books presents more problems for non-fiction writers than fiction writers. My own thinking is that fiction writers are probably nearly entirely unaffected by Google Books. If you read 20% of the content of a fiction work, you are more likely to have to go out and purchase the book than you would if it is non-ficton (and the excerpt has all the information you need).

      However, I think that the value for getting a book on Google books, as a writer, is great enough that I would have submitted my book even if Google wasn't going to pay me advertising money to do so. 20% of a book is a substantial amount, but after careful review, I decided it wasn't a high enough amount to discourage people from buying it.

      There is a second issue here which needs to be considered. Copyright affects literary and scholarly works in an entirely different way than it does software because the expressive elements tend to be re-used differently. In literary and scholarly works, the expressive ideas are not closely bound to the functional elements. I can read a book on mechanical engineering, and include those ideas in my own book without simply including an excerpt. With software development, typically we include the excerpt in the linking process. So these are really fundamentally different issues.

      I do think we need copyright reform (de minimis requirements need to be adjusted upwards, copyright terms need to be adjusted downward, etc.) but one can't just say "Free software is great!" and then apply the same ideas to literature of scholarly works. It doesn't quite work. The copyright issues are different, the criteria for re-use is different, and the economic models are quite different. I think that limited terms of exclusive rights are very important in these areas, but they don't work for software. I say this as both a software engineer and an author.

      --

      LedgerSMB: Open source Accounting/ERP
    7. Re:Should writers bother writing for deadbeats? by Kytro · · Score: 0

      My work does not, I repeat, does not belong to all humanity. Humanity has never in its long and illustrious history written a damn thing. Saying that a particular work of art belongs to "humanity" as opposed to the artist who made it makes about as much sense as saying that your car belongs to humanity.

      Stop equating creative output to tangible things. They are simply not the same. If somebody took your car, you couldn't drive drive it or use it or sell it any more. No one can take your creative output away from you, they can only make copies. Your argument is that could reduce your income, and that is quite possible, that does not make it theft though. I suppose it comes down to the concept of owning ideas - a concept I reject. You don't want anyone else to copy your ideas or content, do not release it, that is the only way you can ever actually achieve that.

    8. Re:Should writers bother writing for deadbeats? by DM9290 · · Score: 0, Troll

      Putting aside the ridiculous assumption that you have a right to the product of someone else's creative efforts by virtue of being born, people gotta eat, right?

      Aren't you the one making a ridiculous assumption?

      What right do you have to deny me the product of my creative efforts by telling me what I can and can not copy using my own materials. It isn't like anyone stole anything from you when they purchase a copy of your latest masterpiece.

      The product of your creative effort is the ORIGINAL. My copies I made on my own without your help. You might hope I don't copy your work but you have no natural authority over my own hand and my own possessions.

      any copies which I produce of your work which is the product of my creative effort not yours. You might call it uncreative, but I say I worked, and out of that work something was created. if people are willing to pay for mere copies, then the market has spoken.

      Copyright is a form of government taxation on the public for the welfare of copyright owners just like any other form of legal monopoly that interferes with absolute and utter free competition.

      the only reason it exists is because the public believes that this specific form of welfare actually benefits the public. It is NOT for the benefit of the recipients. authors are not invalids. You can go get a job just like anybody else.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    9. Re:Should writers bother writing for deadbeats? by Anonymous Coward · · Score: 0

      Copyright is a limitation that society imposes on itself as an incentive for artists to create artistic works. Understanding that I think that it easy to see why someone would bring those self-imposed limitations into question.

      Oh and you must be new here. In your argument you're comparing a copyright right infringement to theft of property, not the same thing.

    10. Re:Should writers bother writing for deadbeats? by AkiraRoberts · · Score: 1

      Well, as another writer, also as yet unpublished, I have a somewhat different take on this. I don't have any real illusions that I will ever make a solid living at writing. To be sure, it's possible, but unlikely. I expect to always have a day job, of one sort or another, and I expect that I'll fit my writing into the nooks and crannies that are left. Given that, I don't place too high a priority on getting paid for what I write. Not that I mind getting paid, it's just not a huge part of the equation. For me, I'd simply like people to read what I've written, and I don't mind compromising on the economic side of things to get there. That ultimately means I'll probably output somewhat less than I would if I could spend every waking minute writing. I'll live with that.

      So, that said, I've been mulling over the notion of slapping together a site where I can post pretty much everything I write, as it's written. I may stick a donation option up there, if people feel inclined to pay. I may not. I'm still thinking over the legal verbage to include. Personally, as long as I'm credited with the work, I'm not going to be all that worked up over it being copied and distributed by other.

      --
      words, words, words, lemur, words, words words
    11. Re:Should writers bother writing for deadbeats? by Bryan+Ischo · · Score: 1

      I think your premise is somewhat flawed. I don't know the whole history of copyright but I imagine that it came about as a legally enforced concept around the time that copying works actually became practical.

      In short: there was no need for copyright back when only the publishers owned printing presses. This fact should not be construed as implying that copyrights are not necessary when everyone owns "printing presses" (i.e. computers, printers, cd-burners, etc), as you have done.

    12. Re:Should writers bother writing for deadbeats? by blahplusplus · · Score: 1

      "I'm going to go out on a limb here and guess that you aren't a professional writer, or at least not a professional writer of fiction.

      Here's the thing. Putting aside the ridiculous assumption that you have a right to the product of someone else's creative efforts by virtue of being born, people gotta eat, right? So let's say that music is free to whoever wants it, and anyone can play it or listen to it whenever with no consideration to the creator of the work. Now, the only people making money from music are the people who are playing it. That's fine, as far as it goes; songwriters would either learn an instrument or go in to a different line of work. You can project how this would affect music but the bottom line is that musicians could still make money."

      I understand your point, but whip and buggy manufacturers had to find another job when technology changed and put them out of a job. If something becomes (in peoples minds) too unprofitable to work at, then find something else. There is no right to profit or a job. Information technology has devalued information because supply exceeds demand, be thankful that people still pay for anything related to digitized works when they don't have to. It's not about morality, our economic system was initially designed to in order to distribute scarce resources, digital resources you produce are not scarce.

      Classic supply and demand, it's just now that creators are having to deal with what most on the bottom of the economic food chain have always had to deal with in jobs there: the supply exceeds demand and so the value of your work goes down, same goes for goods that are overpriced and no one wants, so they try to dump the excess inventory.

      It's just now that authors, singers and artists are finally having to put up with what most workers have to put up with : Getting replaced by cheaper alternatives thereby having your work devalued or being obsoleted by technology.

      It's not a nice thing to have happen to someone, but neither is seeing your white collar job offshored to some low wage country

    13. Re:Should writers bother writing for deadbeats? by einhverfr · · Score: 1

      I didn't see the grandparent as saying copyrights are not necessary, just that they are currently unbalanced. In my view we need to shorten the terms of copyright, and increase the minumum amount of expression necessary for copyright infringement to occur (copying, say, 3 bars of music really should be non-infringing due to de minimis considerations). I also think we need to write into law that when a book is taken out of print or left out of stock at the publisher for more than a year, any exclusive license is automatically terminated and any assigned copyrights revert to the authors.

      I would add that I think copyright is worthless for software but the issues there are fundamentally different and have to do with re-use of practical elements.

      --

      LedgerSMB: Open source Accounting/ERP
    14. Re:Should writers bother writing for deadbeats? by einhverfr · · Score: 1

      You make a valid point about copyrights being a benefit society gives to authors for the society's benefit. I don't agree with the rest of the tone of your comment but I figure that should be pointed out.

      --

      LedgerSMB: Open source Accounting/ERP
    15. Re:Should writers bother writing for deadbeats? by Oligonicella · · Score: 1

      All of whom made a living at what they did and all of whom are long damned dead. We're talking about current authors.

    16. Re:Should writers bother writing for deadbeats? by Dolohov · · Score: 1

      ... who will one day be dead.

    17. Re:Should writers bother writing for deadbeats? by Oligonicella · · Score: 1

      "I understand your point, but whip and buggy manufacturers had to find another job when technology changed and put them out of a job."

      Because people no longer desired their product. Copying someone's work is pretty much the opposite of that.

    18. Re:Should writers bother writing for deadbeats? by Anonymous Coward · · Score: 0

      I'm going to go out on a limb here and guess that you aren't a professional writer, or at least not a professional writer of fiction.

      ...but I'm a writer (as yet unpublished), ...

      you seem to imply that you're a professional writer, but you havent been published. I once wrote a story about a seal that juggled chainsaws on a napkin once, can I too claim to be a (yet unpublished) professional writer of fiction? it sounds like the bar is set pretty low

    19. Re:Should writers bother writing for deadbeats? by Anonymous Coward · · Score: 0

      There's also the issue of justice. My work does not, I repeat, does not belong to all humanity.

      Sorry, but you don't get to decide that--humanity does. If you don't want humanity to own your works, then don't make any. It doesn't get any simpler or more just than that.

      You talk about "we" and "society" and "humanity" giving up rights to the creative works of individuals as if "society" even has some sort of rights in that regard.

      Just as you talk about "me" and "me" and "me" and how humanity owes you a goddamn thing. Where, exactly, do you get off thinking that your wants and needs outweigh those of the entire rest of humanity?

      We (humanity) never agreed that you own "your" works. We agreed to give you temporary monopoly control of "your" works in exchange for sharing them with us (i.e., copyright). Don't like the agreement? Don't make any works.

      You have no innate rights to anything you make or "own." In fact, the only reason you're even allowed to live, let alone are granted ownership "rights," is by the good graces of humanity. We're a social species, and we've decided on some rules to foster society. In return for accepting to follow those rules, we offer to enforce those rules for your benefit. You, solitarily, do not need to add whatever rules you want. You'd do well to remember that.

    20. Re:Should writers bother writing for deadbeats? by Dolohov · · Score: 1

      There is absolutely no argument against that. There simply isn't one that can be made. There is no logical reason we shouldn't do that.

      I am aware of one reasonably good argument against it: an author should still have copyright over works that are not published, and should have the right to posthumously publish a work, without having to indicate to anyone that the work even exists, let alone specifying it enough to retain and renew copyright. Something should not become public domain because it was stolen from the writer before he felt he could publish and register it. Nor should it become public domain by accident, as Night of the Living Dead did.

      This to me seems to require defining the writer's control as total (like a trade secret) until it is published, whereupon the copyright clock starts ticking, and the author can assert copyright after the fact no later than the first publication date. It's a minor change, but I feel important.

    21. Re:Should writers bother writing for deadbeats? by Adrian+Lopez · · Score: 1

      Putting aside the ridiculous assumption that you have a right to the product of someone else's creative efforts by virtue of being born ...

      You're looking at the issue from the wrong perspective. It's not a matter of "having the right ... to someone else's creative efforts by virtue of being born", but a matter of you, the author, having or not the right to prevent others from making unauthorized copies of those works that you voluntarily publish.

      Copying is a mechanical process that does not require your involvement in any way beyond the original act of publishing your work. Your right to prevent others from making copies of your published works is an artificial right, granted by government for the sole purpose of promoting the creation of new works.

      --
      "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
    22. Re:Should writers bother writing for deadbeats? by blahplusplus · · Score: 1

      "Because people no longer desired their product. Copying someone's work is pretty much the opposite of that."

      You're missing the point, if whip and buggies could be duplicated at zero cost, they would still be out of a job. The point is technology has created infinite supply of certain works, if the same thing happened to physical goods you could imagine grave implications for manufacturers of goods that are no longer scarce, nor hard to produce.

      We use a scarcity based economic system not because of some moral law, but because physical resources are scarce, once scarcity is gone, it doesn't matter what you think you own, when someone makes a copy of your work, they are not stealing what you own, they are reproducing it.

      Artists and authors who are whining about copyright are not reading the writing on the wall: The 'replicator' has been invented for information, thereby devaluing their work... they're not seeing the forest from the tree's. Prohibition didn't work for a reason, and trying to put the internet and digital information technology which reduces the cost and monopolization of information to near zero is the writing on the wall. If the same thing happened to physical goods, the same thing would occur.

    23. Re:Should writers bother writing for deadbeats? by Anonymous Coward · · Score: 0

      Shakespeare, Handel, Mozart and Bach at least were all paid for their creative efforts at the time, either by monarchs, heads of state or the play-going public.

      The OP isn't asking for permanent copyright - after several hundred years on the situation is clearly different, and rightly so. By ignoring this your analogy is deeply flawed.

    24. Re:Should writers bother writing for deadbeats? by Dolohov · · Score: 1

      Not at all. He says that we do not have a right to his creative work. We do, whether he ever gets paid for it or not - just not right now. (I plainly should have included Kafka in my list, who never got a dime) At some point ALL creative work belongs to all of us, just by virtue of being born. The question is not whether, but when.

    25. Re:Should writers bother writing for deadbeats? by gowanus · · Score: 1

      the moment you stop using anything from the past as a basis for your works whether or not you are cognizant of the things you take or not is the moment you can take this "i am an artist and i am special" position.

      we all steal. the copyright used to be a pretty fair bargain on when you were allowed to steal what. for that period of exclusivity you gave up perpetual rights.

      face it. if not for prior works you would be less consequential than you are even now.

    26. Re:Should writers bother writing for deadbeats? by DavidTC · · Score: 1

      Copyright requires publication, and there's no way any clock would ever 'start ticking' on unpublished works.

      Nor am I sure what that has to do with theft, which is entirely unrelated to copyright. That problem already exists and isn't anywhere near important enough that people worry about it, and has in fact already been solved: The clock starts when the author publishes it, but they still have copyright over the work before that, and can sue for infringement.

      I don't know what either of those has to do with anything. There's already a clock on copyright, and theft is already an issue in theory, although no one actually gives a damn, the copyright office isn't going to try to point out that your movie was 'published' two weeks early by thieves. (Especially since movies are legally published when screened.) My proposal does not alter that.

      Nor should it become public domain by accident, as Night of the Living Dead did.

      Night of the Living Dead became public domain because of the lack of a 'Copyright (C)' marker. I have not proposed altering the changes in copyright that make that no longer required.

      Again, I'm not sure how your arguments against my plan actually relate to my plan.

      However, an important part of my plan is that things would become public domain by 'accident', after 15 years. If a work isn't making any money and has become so unimportant that it is literally overlooked, it should be public domain. (Especially as it's probably out of print anyway.)

      Likewise, the transition to this system, would extremely quickly weed out all the old copyrights. Starting in 1910 or whenever the oldest copyright in effect is, we should 'eat' a decade a year. First year copyrights from 1910-1919 have to renew, second years copyrights from 1920-1929, etc, etc, until we reach the present, or, rather, 15 years ago.

      There's some stuff as recent as the 1970s that literally no one can point to the copyright holder. It ended up in the hands of some company that was sold at auction and then folded again and the owner died and the heirs aren't findable and it wasn't listed in the will and was unknown by the executor of the estate. It just sits out there, ownerless for all intents and purposes, because it would cost tens of thousands of dollars just to track the owner down. That copyright really needs to expire.

      This is in addition to the stuff that wouldn't be worth a few hundred dollar renewal fee.

      (Note I'm pretending the length of copyright should not change, and that it should be renewable until the current expiration. This is clearly stupid, copyright should actually be much shorter, but I'm deliberately arguing a change with no negative side effects that anyone can point out.)

      --
      If corporations are people, aren't stockholders guilty of slavery?
    27. Re:Should writers bother writing for deadbeats? by Dolohov · · Score: 1

      I'm not arguing against your plan, I'm simply saying that it needs to be amended slightly to keep the solutions you talk about above. If prior registration is required to claim copyright, then a work that is physically stolen and released before the author registers it would not be under copyright. Registration by a third party after the death of the author would also be up in the air.

      Accidental release in forgetting to renew within a reasonable window is fine, sure (though it would be more negligence than accident). Accidental release would also happen, though, if a bright young author were to be ignorant of copyright law and publish something without registering it. I bring up Night of the Living Dead because a lot of geeks are thrilled that it's not copyrighted, and not all of them admit the idea that this is a bad thing for a director they like.

      That's not your intent, obviously, and it can be fixed by allowing retroactive registration, which to my understanding was not always a component of copyright law in all countries. Like I said in my original post, it's a small but important change, but lots of people who suggest a return to the registry/renewal scheme overlook it.

    28. Re:Should writers bother writing for deadbeats? by Anonymous Coward · · Score: 0

      It is rather rich for a free-loader like yourself, who probably has no concept of the effort required to write a novel, to accuse an author who has spent hard months writing a novel of having no talent. If that's your opinion of a person with more talent, drive, and dedication than you will ever have, why do you want him to give you the fruit of his efforts at all?

    29. Re:Should writers bother writing for deadbeats? by DavidTC · · Score: 1

      Again, you're arguing about changes that would happen if the original registration was altered.

      I don't propose doing that at all. Simple because you have to renew it after 15 years wouldn't mean you had to originally register it in any form. You create it, you have automatic copyright...it just only lasts 15 years instead of a bajillion.

      Likewise, I have no idea what theft has to do with anything at all.

      Or 'registration after death'. You would not be able to register things after death because, as I said, I haven't even slightly proposed changing registration, and you won't need to register things at all.

      Of course, the first time you renew the copyright, you'll have to file essentially the same papers you have to do to 'register' it now before filing suit. The fact that, right now, that can be done decades (The first time you need to sue over it.) later sorta proves my point.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    30. Re:Should writers bother writing for deadbeats? by Dolohov · · Score: 1

      In your original post, the very first line was,

      I think at the very very very least we should require registration and renewal for copyrights

      If you're now saying that you don't want to require registration, just renewal, that's fine - my objections would not apply.

    31. Re:Should writers bother writing for deadbeats? by Anonymous Coward · · Score: 0

      Thank you, Mr. Further Proof.

    32. Re:Should writers bother writing for deadbeats? by DavidTC · · Score: 1

      I actually said 'require registration and renewal for copyrights every X years'

      I'm sorry if you misunderstood that, but I pretty clearly said later on that 'If you cannot afford the cost of registering the copyright after years of controlling the property', which would imply that registration is only required the first time you renew it.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    33. Re:Should writers bother writing for deadbeats? by Sax+Maniac · · Score: 1

      Ideas cannot and never should be equal to private property, as almost every idea is a refinement of some other idea that came previously... a "derivate work" if you say.

      I'm a musician, if I write a new tune, it's only because of a thousand cultural influences that I owe my ideas to. So, here a tune I wrote. It's "mine", copyright me. But it's in the Basie style, should I pay him? Wait, Sammy Nestico arranged a lot of tunes for Basie and defined a lot of his style, should I pay him? I love Marshall Royal's alto playing, do I pay him? It's a 32-bit bar form AABA, who invented that? It's in F major, who owns that? I liked the form of Tom Kubis' "When You're Smiling" so I used the dramatic shape of that. Should I pay him? Shall I pay them each 1/1000th of licening fee to create it?

      I could not have created it if it weren't for all of those people. So yes, I *do* have a responsibility to contribute that back to the world. Maybe I do own it for the next 16, 40, 70 years but not forever. But if I hoard it forever, and everyone else does, it would mean the extinction of the music I love so much.

      You wanna do that?

      As an author, you base your work on the context and culture you live in. If you never release your work to the public domain at some point in the future, you are denying future authors what enabled you to create in the first place. If we lock everything up in a permission-based culture, eventually, nobody will be able to create anything at all -- it will would be prohibitive to obtain a license for every single image, sound, phrase, idea, or thought that's expressed in the work. It's sad that you don't realize that the act of creating takes a tiny but from many sources, where do think that stuff came from?

      --
      I can explanate how to administrate your network. You must configurate and segmentate it, so it can computate.
    34. Re:Should writers bother writing for deadbeats? by Dolohov · · Score: 1

      OK, I did misunderstand -- as a programmer, that phrase suggests "register at start, then re-register X years later" where you meant, "register X years after start"?

      Yes, in that case my objections are irrelevant.

  28. Monopoly Without Copyright? by Doc+Ruby · · Score: 1

    Many people speculate that Google's monopoly over all of out-of-copyright works will result in a brutal monopoly that will hurt both writers and readers, and that the 'Author's Guild' had no right to make the deal in the first place.

    How does Google protect a monopoly on that content without copyright preventing competitors from copying it and distributing it?

    --

    --
    make install -not war

    1. Re:Monopoly Without Copyright? by Maury+Markowitz · · Score: 1

      ...or for that matter, Project Gutenberg?

  29. expired copyright? isn't that like 120 years old? by ecloud · · Score: 3, Interesting

    The authors tend to be dead and it's their grandchildren receiving this extra money.

    Whenever a Disney property is headed towards copyright expiration, the copyright term gets extended anyway.

  30. And that's why it's called... by Anonymous Coward · · Score: 0

    ...copyleft, not copycentre.

  31. Eating Shakespeare by Doc+Ruby · · Score: 4, Insightful

    Putting aside the ridiculous assumption that you have a right to the product of someone else's creative efforts by virtue of being born, people gotta eat, right?

    Let's not put aside that notion.

    As someone who was once born, I have a right to Shakespeare's "King Lear". I can't coerce someone into printing me a book with the play printed in it to take with no compensation. But if I buy that book, I can perform the play, recite it in public (for a fee, if anyone will pay me). I could even put my name on it and sell it to a magazine for publication, if that magazine would pay me. I have the right to quote as much as I want in my own different story. I can rewrite it in modern English, or slang. I can write my own story about a king driving themself mad that's exactly like "King Lear". My birthright as a person is to inherit my folk culture and use it as I please, without anyone retaining the right to stop me (short of some clear and present danger of violence or something like that).

    Writers share that birthright, of course. Without it, they'd have no cultural context to write their own "original" works. I quote "original" because practically all works, especially the most popular, derive closely from previous works. Our culture assigns value to new work that refers to the old work embedded in the culture. Without the old work, and free use of it, practically none of the new work would be even recognizable as valuable at all.

    Yes, people gotta eat. The protection of copyright for some "opportunity window" like the original Constitutional 14 years, within which your monopoly should protect the "promotion of science and the useful arts". Or, if you double your investment, or maybe tenfold (so artists living above the poverty line can live well on the profits while they produce another work), your monopoly expires earlier. But copyrights that preserve the monopoly for every work to protect the maximum profit forever, excluding the works from the culture, are not at all a good compromise with free expression of people for their own culture.

    People gotta eat. But people also need our own folk culture. After "pop" becomes "folk" (fairly quickly, about a human generation later), most of the value in the work is being contributed by the people perpetuating it. Copyright has a long way (smaller) to go to properly reflect those essential values.

    --

    --
    make install -not war

    1. Re:Eating Shakespeare by DavidTC · · Score: 1

      My birthright as a person is to inherit my folk culture and use it as I please, without anyone retaining the right to stop me (short of some clear and present danger of violence or something like that).

      Now you've got me thinking of copyright in terms on an alien. If we ever do make contact with a non-human culture, I wonder if the argument will be made that they should not have free access to public domain works, that humanity as a whole holds the copyright on Shakespeare.

      But, hypotheticals aside, you're exactly right. There are stories that, although still under copyright, have become 'culture'.

      Like Superman, who is such a recognizable figure that you can create versions of him without actually violating any copyrights. Even non-parody versions. Which is not an argument that he shouldn't be public domain, but rather an argument that he's right up with other mythological figures.

      --
      If corporations are people, aren't stockholders guilty of slavery?
  32. Value of copyrighted works by Jay+L · · Score: 1

    The problem is that in most cases nobody knows how valuable the work is going to be. Therefore, it is hard to price the work until you see how many people will pay to read it.

    I saw a brilliant argument last year, to the effect of: The copyright system (or even the entire IP system) is an imperfect approximation of "compensate creators for the value of their content". There's nothing special about "copying", per se; if nobody wanted to read your book, then nobody would want to copy it either.

    But copying, until recently, was a useful proxy for "obtaining value". It's like a toll road. You're not paying for the value of "pass through this gated entrance"; you're paying for the entire value of the road. The entrance is just a convenient place to meter it.

    Plain-paper Xerography changed the model; now individuals could copy works without much effort. And the digital world completely overturned it; works are copied in the course of using them, and there's no realistic way to prevent "unauthorized" copying. Which, really, is fine, because again: Copyright is only about copying because copying was a useful proxy.

    What it really means: "We need a new way to compensate creators".

    Wish I could find the article; it said it so much better.

    1. Re:Value of copyrighted works by ultranova · · Score: 1

      But copying, until recently, was a useful proxy for "obtaining value". It's like a toll road. You're not paying for the value of "pass through this gated entrance"; you're paying for the entire value of the road. The entrance is just a convenient place to meter it.

      Hmm... That's a good point, actually. The question is: how do you meter copying - and, more importantly to me at least, derivative works, since those are what really advances culture by building more on top of what has come before - without letting the original creator control what is done with it? Because if you do give them control, you'll have the biggest problem of current model: you don't have the freedom to use the content as you will - a notion which began the Free Software Movement, BTW.

      The true irony here is that if such a way was found, then Rule 34 alone would move more money than the whole Hollywood combined.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    2. Re:Value of copyrighted works by bzipitidoo · · Score: 1

      This is what I've been trying to say. Copyright is broken, and all the king's men can't put it together again. Technological solutions such as DRM are hopelessly flawed concepts and no implementations can get around that fact. And legal solutions cannot prop up a system that defies logic.

      So... if we want to encourage art and science, need another way. Everything I've thought of has turned out to be some variation of patronage. Maybe pay a flat fee, or have a few crude, simple tiers. Or gather some data, perhaps with polls or web counters, and statistically estimate the popularity of a work (if that's possible to do with reasonable accuracy and without crippling levels of fraud), and pay accordingly.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    3. Re:Value of copyrighted works by Jay+L · · Score: 1

      Wish I could find the article; it said it so much better.

      Ah hah! From an essay at the Cato Institute by Rasmus Fleischer (co-founder of The Piracy Bureau, parent organization of BitTorrent tracker The Pirate Bay):

      Copyright law is mutating into something qualitatively different than what it has been in previous centuries...

      Gray zones like these are omnipresent in 21st century copyright law. One reason for this development is the uncertain status of the very idea of "copying" today. Contrast today's world with the golden age of copyright, roughly speaking between 1800 and 1950. Back then, enforcement was easy. The act of reading a book was far removed from the act of printing one. Record presses and gramophones were safely distinct machines. Since then, things have changed.

      The Future Of Copyright

  33. Not this author... by tinrobot · · Score: 4, Interesting

    I've been a published author of computer books for almost 15 years, writing 12 books for several major publishers. All of my books have been scanned and put online by Google without my consent.

    The first I heard of the Author's Guild was when Google sent me a notice about this matter and offered me practically nothing for the 'right' to steal my books. I do not have a contract with the Authors Guild and did not give the Author's Guild any right to speak for me. I'd imagine most authors didn't authorize them, either.

    1. Re:Not this author... by Renraku · · Score: 1

      This whole thing was a case of the Author's Guild settling something that wasn't theirs to begin with. Technically, the onus would be on Google to check and see if they ACTUALLY had rights to your work, which they obviously don't. However, the Author's Guild decided to speak for all authors instead of just the ones they had represented, and did so knowingly and with intent to profit from people's works that they were not affiliated with.

      I'd seek damages from the Author's Guild.

      --
      Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    2. Re:Not this author... by yuna49 · · Score: 1

      I'd be even more curious about the procedures that were used to identify and contact the class.

      Class action suits require that the plaintiffs make a good-faith effort to contact everyone whose claims might be covered by the suit and offer them the chance to opt into or out of the class action. Since the class of "authors" is presumably very large, I'd be surprised if all, or even a majority, of authors were individually contacted and offered the chance to participate in the class action. In addition, since many of the works in question are older, the rights may belong to the even more difficult-to-locate descendants of the authors.

      Contacting, say, only the members of the Authors' Guild would not seem to me to meet the usual requirements for a class. I've yet to see any authors posting here saying they were contacted by the Guild's attorneys about participation in the class action. If so, I believe these authors retain their individual rights to sue Google for infringement at any time.

      IANAL

  34. Absolutely not. by gleick · · Score: 1

    This item, and the post to which it links, are utterly false. It really doesn't belong here.

    Not one penny from the settlement (or from Google, or from anyone else) will go to the Authors Guild. I was involved in the two years of negotiations with Google, on the authors side, and I can tell you this as a simple matter of fact. But don't take my word for it; there are no secrets here. All the documentation is publicly available.

  35. Eve Online FTW by Impy+the+Impiuos+Imp · · Score: 1

    So Google negotiated this deal with a guild that was the authorized, legal representative of all these writers, and it, and by extension, they, negotiated this crappy deal?

    Unless Google bribed someone, there's nothing illegal about it. Mismanagement on the part of the writers' guild, perhaps, but nothing illegal.

    As for monopoly, so what? None of these books were in print. Nobody wanted them. Nobody else, including Microsoft, had the moxie to do this scanning project. There is no monopoly in the classic sense.

    It's like saying a single drug store in a tiny little town has a monopoly when, in fact, the town can barely even justify the one, and that only with hard work from the druggist.

    Issues to be addressed:

    1. Did the guild scam the writers somehow? Who was deciding it should proceed as it did? "Follow the money" should do the trick here.

    That is all. Nothing wrong by Amazon. No "monopoly" in any kind of meaningful sense -- nobody wanted those books, much less use them in a online-scan project. And, barring fraud in #1, nothing wrong by the guild or the writers. Stupidity, perhaps. Say "awwwww" when you go to bed tonight, I guess.

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  36. Economics of bookstores by einhverfr · · Score: 2, Insightful

    Actually, the economics of bookstores is not what you suggest.

    Bookstores actually have one of the lowest markups in the industry (they buy books at 60% of what they sell them at-- most other businesses are about 50%). Let me explain how this works when I run a micro-run (100 copies) of my book (http://www.amazon.com/gp/product/1439223084/) by sales channels.

    The micro-run of 100 copies costs me $3.84 per book including shipping to get it to me. I assume the printer makes a little bit there too. So suppose the actual cost is probably closer to $2 regarding base production (no royalties at all in these calculations).

    The list price for the book is $15.99. As you will see, this does not allow for a normal distribution chain with many steps. Let's look at how it works depending on where I sell it. If I sell a copy retail, that gives me $12.15 profit per book.

    If I sell it to a bookstore, I would sell it at 9.59 per copy. This means I make $5.85 per book in this case (close to my royalties when Booksurge sells a copy through Amazon, which are $5.60).

    If I sell copies to a distributor, though, I have to sell it at 40% of list, or $6.39. This would mean I would get $2.55 per book. The distributor only gets about $3 per book too. It is still a lot more than Booksurge pays me when they sell through distributors (I get $1.60 per book there).

    So what you generally see is 40% of the list price gets used in production, author royalties, and publisher profits. 20% goes to the distributor, and 40% goes to the bookstore.

    In just about every other business, the retail store ends up making 50% of their sale price which can go to operational expenses, etc. For book sales, it is only 40%.

    However, as an author, my sense is that the ways the bookstores look at mitigating their risk make sense only in limited cases. For example, most want to do consignment. I will ONLY do consignment if I get prime placement because I don't get any more from consignment than I do from wholesale sales.

    --

    LedgerSMB: Open source Accounting/ERP
    1. Re:Economics of bookstores by Evets · · Score: 1

      Where are you getting your books printed? A ~$400 run sounds like a pretty decent price to me.

    2. Re:Economics of bookstores by einhverfr · · Score: 1

      That is the price I get from Booksurge, including shipping via UPS ground. (USPS media mail is about $20 less.)

      --

      LedgerSMB: Open source Accounting/ERP
    3. Re:Economics of bookstores by hesaigo999ca · · Score: 1

      Ok, but how much materials did it take to create it, much less rpoduce it, 50cents max.
      Intellectual property does not cost anything, and idea does not cost resources to test
      and run safety test (like a car)....so again, when I pay today 15$ for a book, and 3 years from now I pay 5$ for the same book, and everybody still makes a profit, you are telling me that it was not
      taking advantage of the fact that it is new and therefor let's charge the hell out of it...
      I think not, also, you use an analogy that is not quite dependable, no one buys 100 books at a time, I am talking about Walmart that buys 100,000 copies at a time and gets it for 1$ a piece, what is THEIR reason for charging 15$ for the same book?

      If you want to include Mom & Pop sores then I would change slightly the formula and say, yes
      we should all be charging this much, but then I could go out and say for a lower level computer support that you would get from BestBuy to fix your computer, I should charge as much because they do, even though I don't have the same level support to offer you. I understand you want to give your 2 cents on the books thing because you consider yourself part of that industry, but unless
      you call China everyday, and tell them to press you 100,000 copies of harry potter, and can tell me the price point margins on all your books, then I guess my opinion still stands

    4. Re:Economics of bookstores by einhverfr · · Score: 1

      How much do you think it costs to print a book-cover in color?

      Note that costs on very long offset runs (say 250,000 copies) are MUCH lower than they are to print up one copy of a book. Even there the cost of the cover is probably 20x the cost of a page.

      Suppose you can get your costs on a laser printer down to $0.01 per page. For a 200-page book, this means the black and white interior will cost about $1 to print. The cover in color might cost another $0.50-$1. You can't use a standard laser printer on those.

      --

      LedgerSMB: Open source Accounting/ERP
    5. Re:Economics of bookstores by oasisbob · · Score: 1

      In just about every other business, the retail store ends up making 50% of their sale price which can go to operational expenses, etc. For book sales, it is only 40%.

      40% retail markup is still very healthy. Compare this to grocery or electronics stores where the margin is more along the lines of 10-20%.

      Best Buy wants you to buy a $50 Ethernet cable for a reason -- cables are one of their few high-margin items.

    6. Re:Economics of bookstores by torkus · · Score: 1

      Yes, but your entire example revolves around a micro-event in the publishing world. 100 or even 1,000 copies of something is peanuts compared to a single run on a moderately popular book. Costs go down dramatically when you're doing 100k+ vs 1k.

      It's not an appropriate comparison to books published by the big houses out there.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    7. Re:Economics of bookstores by einhverfr · · Score: 1

      My comments were mostly on the book store end. You are right that the costs are lower on long offset runs. However, for many books (including most of the ones I read) the runs are not particularly long. Also POD doesnt work well on color books and there are some other limitations of the process.

      One of my hopes is that it might become feasible to resurrect the ENTIRE corpus of out of print books on a POD basis. There is no reason why I should have to pay $2000 for a used book just because it was printed on a short run primarily for libraries.....

      --

      LedgerSMB: Open source Accounting/ERP
  37. A solution? by Anachragnome · · Score: 1

    From a writers perspective, one of the most satisfying aspects of writing is the permanency of putting words to paper. Generations of people will have the opportunity to enjoy your story. It is, in a sense, a little bit of immortality.

    Unfortunately, this is all dependent of the availability of your works. At some point in time, a decline in readership limits the revenue a publisher can realize from further print runs of the work. The work eventually falls by the wayside, and is not really available to the public anymore. Aside from the obvious understandable financial goals of Google, I see them simply trying to keep those books available to the public, and future generations. And, yes, I read TFA.

    Were things handled equitably? I do not think so. Allow me to explain.

    The agreement made with the Author's Guild, by Google, completely leaves the original author out of the loop of negotiation, and thus the legacy of their work. A limited form of reimbursement, a one-time $300 "settlement" serves nobody but Google (well, the Author's Guild DOES make out like Bandits here).

    This settlement, I believe, also stains the credibility of Google in the long run. If they plan on future ventures like this, the people with whom they will be dealing will be far less likely to see any altruistic motivation in Google's plans. They had the opportunity to make a huge impression on a lot of people here, and they failed to take advantage of it. I honestly believe there IS some altruism, on Google's part, involved with this case. But for some reason, possibly something as simple as greed, they squandered that opportunity.

    They could have done things totally different, and achieved the goals of everyone involved.

    Here is how I would have proposed a deal, to the original authors and the Author's guild.

    Initially, NO money changes hands. A list of works is assembled, and the actual authors are determined. Both Google and the Author's guild make an honest, diligent attempt to contact the author of each work. If they are not able to be contacted, they are then put in into a category, possibly labeled "dormant". All other authors are contacted and informed of the process of which I am about to explain, and offered an "opt-in". The authors that "opt-in" are then categorized as "Participants", while the ones that do not "opt-in", are are categorized as "non-participants". None of that default "opt-in" bullshit here either. Keep it clean.

    So, now we have all the works, categorized into three groups. From here, each group is interacted with differently, by Google.

    Lets get the Non-Participants out of the way first, since they will not be discussed further.

    Quite simply, Google doesn't make their works available. They receive no compensation from anyone, Google, or the Authors Guild. Their works continue to languish as they have in the past. The authors of these works gain nothing from the process, nor lose anything. The song remains the same, so to speak.

    Now, lets discuss the Participants.

    Since the authors have been contacted, they are offered a deal with Google, and their decision to "opt-in" is their agreement to the terms that Google and the Author's Guild have made in advance.
    Here is how it works.

    Google makes the work available, in its entirety(no derivative works), as they see fit, but in accordance with the "opt-in" agreement. Any funds derived from the publishing of the work are divided 3 ways, with proportions agreed to at "opt-in" time. A portion for Google is set aside, say, 80%, a portion for the author is set in a interest bearing trust (19%), and a smaller (the remaining 1%) amount is is set in trust for the Author's Guild.

    The portion set aside for Google is theirs to do with as they see fit.

    The portion set aside for the Author's Guild is available to them for overhead costs, basically to be used as they see fit.

    The portion set in trust for the author is accessible on the second day of each month, and can be cleaned out, by the auth

  38. It's the lot of the artist to suffer. by tarlss · · Score: 1

    First singers, now you, writers? How do singers profit from their work? Performers? Software writers? You're all in the same boat- what do you do now that your works can be consumed in a nonphysical mediums? You withhold at point at sale. Once your works get into the wild, some script kiddie is free to distribute them. So what do you do? There's support and there's initial release runs of the physical product, plenty of which people are willing to buy. Eventually we'll probably just revert to a patronage style system where rich people pay for their favorite writers. It's not like it'll be any different from now, you still won't be able to make a living wage, spend the most of your life at the bottom of society...etcetc.. Exactly who has benefitted from this inane copyright system anyway in it's present form? Bigwig publishers and managers, all of which, are not you. You authors are still poor. Chances are you'll get MORE money with temporary copyright and direct distribution.

    1. Re:It's the lot of the artist to suffer. by einhverfr · · Score: 1

      The patronage system is not that different from the way open source bounties work. It also funds a lot of open source software development, but it is not really a viable way to go for things like literary and scholarly works.

      Now, I am both a software engineer and an author of a book. Copyright works very differently in these areas. In software we like to use libraries. In scholarly or literary works, we like to avoid quoting long passages of others because it interferes with the flow, and such a restriction allows us to demonstrate our own understanding. So reuse criteria are very different.

      BTW, you are being very pessimistic. New technology including POD, etc. are making it quite possible to do inexpensive production runes (under $400 for 100 copies of a 200-page trade paperback book). Add to this very mature software like LaTeX and you have the possibility of producing quality books cheaply for limited markets.

      I don't think print publishing is a dying model. I do think that worrying too much about electronic copying is a sure-fire way to kill a book or any other work.....

      --

      LedgerSMB: Open source Accounting/ERP
  39. Society does have rights in that regard by einhverfr · · Score: 1

    Hence copyright terms are supposed to be for "limited times" and we have other things such as fair use.

    There is absolutely no reason to support someone's great-grandchildren into their retirement on residual royalties.

    I think that copyright terms should be dropped to something like 30-50 years tops. life+100 years is absolutely rediculous.

    See, copyright is essentially a transaction between the creator of a work and the society at large. Because these are two parties to the dynamic, they both have interests and rights involved.

    --

    LedgerSMB: Open source Accounting/ERP
  40. Quick question by einhverfr · · Score: 2, Insightful

    If I walk into a bookstore every day for a month and spend 30 minutes reading your books, is that stealing?

    How is this fundamentally different from what Google is doing here?

    As an author as well, my biggest frustration with Google Books is how long it takes them to get the books up. It might be copyright infringement in the letter of the law, but it is no more stealing than if I borrow your book from a friend to read it.

    --

    LedgerSMB: Open source Accounting/ERP
    1. Re:Quick question by Anonymous Coward · · Score: 1, Insightful

      If I walk into a bookstore every day for a month and spend 30 minutes reading your books, is that stealing?

      How is this fundamentally different from what Google is doing here?

      The bookstore makes it way easier to read the whole book than Google does?

      Honestly, the few times I've used Google's book search, I've found it nearly worthless for actually reading the book. All the search does is let you locate books with certain passages. It's basically a more advanced keyword search system, similar to what many libraries have for their electronic card catalogs.

      I can't really imagine an author being against Google's book search unless they're either against Google as a whole, or are a little too self-important and Google hurt their feelings by not deigning to personally beg them for permission.

    2. Re:Quick question by colinrichardday · · Score: 1

      It's not a matter of stealing, but of copyright infringement. In the absence of copying, how can there be copyright infringement?

    3. Re:Quick question by einhverfr · · Score: 2, Insightful

      My point originally though is that the original poster seems to think that Google is stealing his books, but really, Google only allows a reader to read 20% of the book in a 30 day period. This allows you to do some fairly extensive research but is not a substitute for buying the book if you need to read it.

      On the other hand, I have a customer that runs a bookstore. Occasionally I have to do maintenance of their computer systems that take some time to do. So what do I do? I pick up a book and read it. I have no intention of buying it. I am just passing the time waiting for software to load/download, antivirus scans to run, diagnostics to complete, etc.

      The question I was asking wasn't a question of copyright infringement (where Google was almost certainly guilty under current law), but rather the allegation that what they were doing was harmful to writers. In reality, Google's approach is substantially less harmful to writers than are public and college libraries, bookstores where I can pick up and read a substantial portion of a book before deciding whether to buy it, etc. This is an area where Google's activities are helpful to writers but it is still illegal because we look at copyright in the wrong way.

      --

      LedgerSMB: Open source Accounting/ERP
  41. And a library, unlike Google Books by einhverfr · · Score: 1

    lets you read the whole book, even when it is under copyright. (By default, Google Books now lets you read 20%.)

    --

    LedgerSMB: Open source Accounting/ERP
  42. How do you make a binary-only literary work? by einhverfr · · Score: 2, Insightful

    I think it is easy for people to forget here how different the software and book worlds are in terms of how copyright works.

    For example, I pushed hard to get the LedgerSMB manual licensed under a BSD license rather than a share-alike one in the spirit of the GPL. The major reason is that an aggregate work which might include this in a book as a separate (and referenced) work would actually make it harder for us to distribute (and eventually make money off) such manuals in the future.

    Repeat after me: Books are not software. Books are not software. Books are not software......

    --

    LedgerSMB: Open source Accounting/ERP
  43. That's actually quite generous by einhverfr · · Score: 1

    65% royalties on electronic distribution of out of print works? That is quite a bit more than they get for printed works sold in a book store....

    --

    LedgerSMB: Open source Accounting/ERP
  44. I am disappointed with /.'s reading comprehension. by Anonymous Coward · · Score: 0

    There is a big fucking difference between "out of print" and "out of copyright".

    You people who just spent your time arguing as though this settlement related to out of copyright materials rather than out of print materials really, really need to pay more attention.

  45. Is GPL really anti-copyright? by itsdapead · · Score: 1

    The big conflicts between "Intellectual Property" (sorry, 25c in the swear box) and the free software movements don't seem to be about the basic principle of copyright, but rather:

    • Restrictive "end user" licenses which purport to extend protection far beyond that which is provided by copyright law
    • DRM and TiVOization
    • Patents
    • Proprietary standards for interoperability
    • Disproportionate penalties for copyright infringement and the escalation of copyright infringement to a criminal offense tantamount to theft.
    • People who forget to say GNU/Linux
    • The Foundation for Free Software and the Software Freedom Foundation (bastards!)

    The GPL would be on a bit of a sticky wicket without copyright - there would be nothing to stop people keeping the source code secret - although I guess if RMS was made official supreme ruler of the universe he could not only abolish copyright but mandate that all source code had to be made public. We'd probably see disabled single grandmothers being dragged off to jail plaintively crying "but I included the URL for the SourceForge page..." :-)

    But seriously folks - you can object to the current "IP madness" without rejecting the basic premise of copyright...

    --
    In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
    1. Re:Is GPL really anti-copyright? by Daengbo · · Score: 1

      You forgot to mention excessive copyright terms (Mickey Mouse) and the copyright of binary software without the source code (combination of copyright/trade secret combination).

      As for source code being secret in a non-copyright world, we could just decompile.

    2. Re:Is GPL really anti-copyright? by itsdapead · · Score: 1

      You forgot to mention excessive copyright terms (Mickey Mouse)

      Think of all that 80-year old software that should be in the public domain by now :-) Sure, its an issue, but not really a GPL issue. If anything, we should thank Mickey for delaying that terrible day when people will be able to distribute modified EMACS binaries without the source...

      and the copyright of binary software without the source code (combination of copyright/trade secret combination).

      Now that's where you start a phoney war between GPL and copyright. The GPL philosophy has some compelling arguments as to why society should demand access to source code - all society needs to do is demand it, which is starting to happen. A full-out war on fundamental copyright, which is so mired in international treaties that it would be hard to change anyway, isn't needed.

      The "victory condition" for "copyleft" isn't the abolition of copyright: "copyleft" wins when the primary use of copyright is to protect "copyleft".

      --
      In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
  46. Great! by einhverfr · · Score: 1

    Let's make copyright equal to the term of the natural life of the author. When an author dies, the works become public domain immediately. Deal?

    --

    LedgerSMB: Open source Accounting/ERP
  47. Buy all out of print books for US$ 125 mln by martijnd · · Score: 1

    We have now established that the total worth of all out-of-print, but in-copyright books in the USA is US$ 125 million.

    Or as Tigger said of Santa "I always though he would be taller"

  48. Print on demand rocks by bdwoolman · · Score: 1

    The resurrection of all these out-of-print books is made possible by a surge in print-on-demand publishers like Lulu. (There are many.) Using high-volume lasers and robo binders a pdf can be hosted and then used to print a book as a one-off economically. When somebody orders it only then does it get printed. This technology and business model stands on its head the old print-5000-and-pray business model of publishing that is about half a millennium old.

    FYI: It costs about 15 dollars a month to host a pdf on a print-on-demand firm's servers. There is of course fulfillment each time a book gets posted, but up-front costs are minimal -- editing and layout excepted. Some authors are skipping New York altogether and cutting to the chase with POD. (Read: Profit.) Disclaimer. I have no connection to the print-on-demand industry. But I have looked into it for my book since my New York agent died. The inconsiderate bastard.

    --
    "No fear. No envy. No meanness." Liam Clancy
    1. Re:Print on demand rocks by einhverfr · · Score: 1

      Print on demand is also a great way for publishers to resurrect out of print books or those with limited demand.

      As I start my publishing business this year, I will start most books on a print-on-demand service and then do longer offset runs as needed.

      --

      LedgerSMB: Open source Accounting/ERP
  49. I am a self-published author by einhverfr · · Score: 1

    And I know that I would not be where I am without the public domain.

    The image for the cover of my book came from a digitized 17th century manuscript, courtesy of wikipedia, for example.

    A great deal of my discussion did center around translations of rune poems I used with the translator's permission (in exchange for advertising his work). I looked at public domain versions but decided I didn't like them. (In the second edition, I will be doing my own translations, not for reasons of copyright but because I want to make some minor contributions to the area.)

    --

    LedgerSMB: Open source Accounting/ERP
  50. Monetizing Out of Print Books by Yizzerin · · Score: 1

    The article, frankly, seemed to be out in lala land, so I'm going to put it out to the general populance of slashdot: if your book is out of print, how can you still make money from it? Are you making lots of cash from residuals from online databases?

    If you can't make much money from it or even if you can, doesn't this Google project offer you the chance of making a lot more money? Yes, the Author's Guild's skimming seems excessive, but at least they managed to put together a comprehensive deal to streamline copyright issues.

    Now, if there's a whole source of money that I've missed, I withdraw my argument. But this seems like a good thing for out of print books, right?

  51. Anonymous Coward by Anonymous Coward · · Score: 0

    PLEASE read the settlement or some of the other comments before you post..... GOOGLE reserves the right to reproduce any OUT OF PRINT books including those still under copyright

    "The settlement, if Court-approved, will authorize Google to scan in-copyright Books and Inserts in the United States, and maintain an electronic database of Books. For out-of-print Books and, if permitted by Rightsholders of in-print Books, Google will be able to sell access to individual Books and institutional subscriptions to the database, place advertisements on any page dedicated to a Book, and make other commercial uses of Books. At any time, Rightsholders can change instructions to Google regarding any of those uses. Through a Book Rights Registry ("Registry") established by the settlement, Google will pay Rightsholders 63% of all revenues from these uses."

    This settlement if approved will allow Google to reproduce out-of-print COPYRIGHTED work and use it for any commercial venture they see fit without informing the RIGHTSHOLDERS.....