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Google To Remove "Inappropriate" Books From Digital Library

Miracle Jones writes "In an interview with Professor (and former Microsoft employee) James Grimmelmann at the New York Law School, who is both setting up an online clearinghouse to discuss the Google book settlement and drafting an amicus brief to inform the court about the antitrust factors surrounding "orphan books," he revealed that Google will be able to moderate the content of its book scans in the same way that they moderate their YouTube videos, leaving out works that Google deems "inappropriate" from the 7 million library books it has scanned. The Fiction Circus has called for a two-year long rights auction that will ensure that these "inappropriate" titles do not get left behind in the digital era, and that other people who are willing to host and display these books will be able to do so. There is only one week left for authors and publishers to "opt out" of the settlement class and retain their rights or raise objections, and Brewster Kahle's Internet Archive has been stopped from jumping on board Google's settlement as a party defendant and receiving the same legal protections that Google will get. A group of authors, including Philip K. Dick's estate, has tried to delay the settlement for four more months until they get their minds around the issue." In related news, Google is seeking a 60-day extension to the period in which it's attempting to contact authors to inform them of their right to opt-out of the terms of the settlement.

55 of 192 comments (clear)

  1. You Would Think... by mlingojones · · Score: 4, Interesting

    ...that Google might have learned something from the massive backlash against Amazon for supposedly doing something similar?

    I suppose we'll have to wait and see what gets flagged as "inappropriate." Whatever the case, I'm guessing that people won't care nearly as much as t hey did with Amazon.

    1. Re:You Would Think... by Shadow+Wrought · · Score: 4, Funny

      suppose we'll have to wait and see what gets flagged as "inappropriate."

      Two words: Ann Coulter.

      --
      If brevity is the soul of wit, then how does one explain Twitter?
    2. Re:You Would Think... by maxume · · Score: 5, Funny

      She will be remembered as one of the great humorists of our time.

      --
      Nerd rage is the funniest rage.
    3. Re:You Would Think... by HiThere · · Score: 2

      I don't know about others, but to me this make a joke out of Google's company motto.

      Still, it's probably best that we are warned at this early stage of the process. (It should have been obvious, but there's always a tendency to forget.)

      WARNING: Single points of failure are dangerous!!

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  2. Burn 'em! by MrEricSir · · Score: 3, Funny

    Question: how do you burn a digital book?

    --
    There's no -1 for "I don't get it."
    1. Re:Burn 'em! by fuzzyfuzzyfungus · · Score: 2, Informative
    2. Re:Burn 'em! by rlp · · Score: 4, Funny

      Question: how do you burn a digital book?

      Depends on whether you are making a CD or DVD ...

      --
      [Insert pithy quote here]
    3. Re:Burn 'em! by SnarfQuest · · Score: 2, Funny

      Put in on a laptop with one of those flaky batterries in them.

      --
      Who would win this election: Andrew Weiner vs Andrew Weiner's weiner.
    4. Re:Burn 'em! by Drakkenmensch · · Score: 4, Interesting

      You create multiple amazon accounts and register several "complaints" from "offended users", and magically the book will vanish from the site as if it had never existed. All the extremism of traditional book burnings without the inconvenience of gasoline fumes!

    5. Re:Burn 'em! by Anonymous Coward · · Score: 2, Funny

      Yes! Environmentally friendly censorship!

    6. Re:Burn 'em! by bcrowell · · Score: 5, Interesting

      You create multiple amazon accounts and register several "complaints" from "offended users", and magically the book will vanish from the site as if it had never existed.

      I'm not sure it's actually that easy to create sockpuppet accounts on amazon. I know for sure that they will not allow you to post a review until you make at least one purchase, which means you've not only had to spend some money, but presumably also had to supply them with a credit card that correlated with your real-world identity. Also, IIRC amazon backed off on the censorship thing, claiming it was all a mistake.

    7. Re:Burn 'em! by cp.tar · · Score: 3, Funny

      Question: how do you burn a digital book?

      Answer: bit by bit.

      --
      Ignore this signature. By order.
  3. Censorship by Gat0r30y · · Score: 3, Insightful

    Is inappropriate. Don't be evil Google.

    --
    Prediction: The real iPhone killer is going to be sex robots from Japan. Think about it.
    1. Re:Censorship by Jackie_Chan_Fan · · Score: 4, Insightful

      Exactly. NOTHING is inappropriate!

      Google needs to stop censoring books and youtube.

      They dont sensor their image search results... YET. I know they have their moderate filter on by default and perhaps that is how they should approach books and youtube videos as well but at the end of the day, citizens of the United States and the world should not be censored by Google. It should be left up to the user.

      so called "offensive" material is 1 click away from EVERYTHING. As it should be.

    2. Re:Censorship by CastrTroy · · Score: 4, Interesting

      It's not censorship unless it's banned by the government. That's like saying your local grocery store is censoring because they choose not to carry porn, or that best buy is censoring because they don't stock certain movies. As a corporation they have the right to host whatever content they feel like. And reject whichever content they don't want.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    3. Re:Censorship by Daniel+Dvorkin · · Score: 4, Interesting

      It's not censorship unless it's banned by the government.

      Wrong.

      Any suppression of publication is censorship. (Your examples of stores choosing what to carry is a red herring; they're distributors, not publishers.) And in fact it happens all the time, and we accept it as a fact of life. The question is, when should censorship be disallowed? In the US we've taken the line that censorship by the government is generally wrong and that corporate censorship is generally okay. But as corporations get more powerful -- as their effect on the lives of the average citizen becomes less and less distinguishable from the effect of government -- we may have to revise that view.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    4. Re:Censorship by EzRider · · Score: 2, Funny

      Exactly. NOTHING is inappropriate!

      Tubgirl begs to differ.

    5. Re:Censorship by x_IamSpartacus_x · · Score: 2, Insightful

      Ok... if you want to use the google definition of censorship then maybe the GP was incorrect. What he meant was inappropriate or unacceptable censorship is when it is coming from the government.

      Google is a private company. When people start pissing and moaning about how "MY FREEDOMS ARE BEING TRAMPLED, OOOOH NOOOOOOOES!!!" because a private company is doing something they don't like it is the height of hypocrisy. Google has the right to censor whatever they damn well please. You and the OP should be fighting FOR Google's right to host whatever they choose.

    6. Re:Censorship by guyminuslife · · Score: 2, Funny

      She's cute. I'd tap that.

      --
      I don't believe in time. It's a grand conspiracy designed to sell watches.
    7. Re:Censorship by mea37 · · Score: 2, Informative

      I'm all for limiting the abuse of the word "censorship", but I think you're on the wrong track in this instance. Google is being given unique authority to make these texts available. That authority comes from the government; I think that blurs the lines a bit.

    8. Re:Censorship by guyminuslife · · Score: 2, Insightful

      It may not be the case in this particular instance, but if censorship by the government and censorship by private corporations amounts to essentially the same thing---for instance, if American ISPs got together to initiate their own Project Golden Shield---what's the difference? Who cares who they're working for?

      --
      I don't believe in time. It's a grand conspiracy designed to sell watches.
    9. Re:Censorship by rts008 · · Score: 2, Informative

      Exactly.
      The hard-core zealots from both sides seem to be overlooking this important point.

      Did not even need to RTFA to have a clue. [from the summary]:

      ...and Brewster Kahle's Internet Archive has been stopped from jumping on board Google's settlement as a party defendant and receiving the same legal protections that Google will get.

      [my emphasis]

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
  4. mental fllexibility by beanyk · · Score: 4, Funny

    A group of authors, including Philip K. Dick's estate, has tried to delay the settlement for four more months until they get their minds around the issue.

    I'd have thought that anyone related to Philip K. Dick would be able to wrap their mind around -anything-.

  5. Out of curiousity ... by dkleinsc · · Score: 4, Insightful

    was Farenheit 451 on the list of "inappropriate" books?

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
  6. What kind of books are inappropriate? by JTsyo · · Score: 4, Funny

    How to Prepare Children for Witches
    Designing a Meth Lab
    The Demise of America under Corporations

    1. Re:What kind of books are inappropriate? by SnarfQuest · · Score: 3, Funny

      If it's based on slashdot users, it includes:

      Anything that disproves global warming.
      Anything critical against Barok Obama.
      Anything about programming perl.

      --
      Who would win this election: Andrew Weiner vs Andrew Weiner's weiner.
    2. Re:What kind of books are inappropriate? by frank_adrian314159 · · Score: 3, Funny

      Anything about programming perl.

      It doesn't matter anyway - there's no point in trying to index line noise.

      --
      That is all.
    3. Re:What kind of books are inappropriate? by Mordok-DestroyerOfWo · · Score: 3, Funny

      1) Robust scientific debate

      2) Being distrustful of any politician

      3) Destroying souls (spot on)

      Fixed that for ya

      --
      "Never let your sense of morals prevent you from doing what is right" - Salvor Hardin
  7. How can a third pary lawsuit change my rights? by N7DR · · Score: 5, Interesting

    What I don't understand, as an author who holds copyright in at least one book that is out of print, is: how can a lawsuit to which I am not a party give *my* rights under copyright law to someone else?

    That seems to be fundamentally wrong.

    Tangentially, I find it somewhere between interesting and amusing (or perhaps scary) that Google appears to have made no attempt to contact me, despite the fact that I'm hardly the most difficult person to find.

    Even more tangentially, there doesn't seem to be any place to go to see if google has actually digitized a book in which I have rights. Someone please correct me if there's a way to do that. (But in any case, why should I be the one who has to go and see if they've infringed rights? They are the ones who are supposed to seek permission from me.)

    Frankly, this whole "settlement" seems utterly unconscionable.

    1. Re:How can a third pary lawsuit change my rights? by mea37 · · Score: 2, Interesting

      Funny thing about class action... are you sure you aren't a party to the lawsuit?

    2. Re:How can a third pary lawsuit change my rights? by NeoSkandranon · · Score: 2, Interesting

      You know, I thought that when I replied to the OP too, but in, say, a class action suit brought against a company in which I own stock, I get a letter saying I need to opt in (essentially) to be a part of the settlement, if any. If I'm automatically part of the class why is that bit of communication necessary?

      --
      If you can't see the value in jet powered ants you should turn in your nerd card. - Dunbal (464142)
    3. Re:How can a third pary lawsuit change my rights? by badfish99 · · Score: 2, Interesting

      Your rights under copyright law come entirely from the government and legal system: without copyright laws, you would have no such rights at all. So, just as the government can choose to keep granting more and more rights to some favoured parties (the music industry), so it can choose to arbitrarily take copyright rights away from other people (such as you). If you didn't want that to happen, you should have bribed some politicians.

      I know it seems unfair, but that seems to be the way it works.

    4. Re:How can a third pary lawsuit change my rights? by Chyeld · · Score: 4, Informative

      How Class Action Lawsuits Work

      Specificly:

      The court directs that notice be given to all parties having a similar claim for the duration of a particular time period. They are to be notified (generally by the defendents' attorneys) so that they may be informed and have input into the case. This is where all parties, including the person or persons who bring the claim, are treated equally. This means that all class members are supposed to have equal input, rights to any monies, remedies ordered by the court, and so forth.

      There are often several notices mailed to class members over the course of the case. The first notice is to accomplish the above - plus the added purpose of giving a person the option to "opt-out" (not be a party in the case) and not be represented by the party who established this case and is issuing the notice.

      If a party "opts out," they have no further standing in the case. They can forget the matter or bring an action on their own behalf.
      Neither option gives them right to any damages won in the original case.

      If a party does NOT "opt-out," they are generally deemed to be a party to the case, are bound by the settlement, and prohibited in taking any further action on the matter.

      If you don't get notice and have no idea of what is going on ... too bad! The court normally is required to direct that the "best notice practical under the circumstances " be given (normally mail, sometimes publication). Again, if you don't receive or find the notice and the "opt-out" date passes ... again, too bad!

      At this point, you're "in" and bound by the courts decision. The case proceeds, sometimes for years. If you never received notice, you'll more than likely never know about any monies or other remedies to which you may be entitled.

    5. Re:How can a third pary lawsuit change my rights? by pbhj · · Score: 2, Informative

      Your rights under copyright law come entirely from the government and legal system: [...] so it can choose to arbitrarily take copyright rights away from other people (such as you). If you didn't want that to happen, you should have bribed some politicians.

      I know it seems unfair, but that seems to be the way it works.

      The US is a signatory to the Berne Convention so they should ensure that local rules are consistent with the requirements of Berne. So, in that sense they can't arbitrarily choose to take copyrights away from you without breaching international law. You'd have a case against the US Government I think. IANACL.

  8. Re:If These People Had Been Around Back in the Day by Anonymous Coward · · Score: 2, Insightful

    No point in singeling out the Taliban. Almost all religions and almost all governments have done this at least once in their history.

  9. Who determines what is inappropriate? by wfstanle · · Score: 3, Insightful

    So Google wishes to censor books that are deemed to be "inappropriate"? This begs the question... Who gets to determine what is inappropriate? There are many definitions in the world about what is inappropriate and Google is an international company. Who do we ask to sit on the board? I'm sure that anyone who is picked will be objectionable to someone.

    1. Re:Who determines what is inappropriate? by $1uck · · Score: 3, Informative

      Google is a corporation, the shareholders (or their representatives) decide what they find inappropriate. They are free to digitize/offer or not said books. They are not a publically funded library.

    2. Re:Who determines what is inappropriate? by vlm · · Score: 3, Insightful

      They are not a publically funded library.

      Thats right, they are a judicially granted legal monopoly where no one else is allowed to compete. Since the judge is preventing a free market from developing, they must be regulated for the public good, but they are unregulated. Hence the turmoil around this issue.

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
  10. Author! Author! by Quiet_Desperation · · Score: 4, Insightful

    A group of authors, including Philip K. Dick's estate

    Huh. Which books did Philip K. Dick's estate write?

  11. Um, authors? by 8tim8 · · Score: 4, Insightful

    >A group of authors, including Philip K. Dick's estate...

    In that single collection of words is everything that's wrong with our copyright system...

  12. Put another way... by Pirate_Pettit · · Score: 2, Insightful

    Waving the censorship flag is a bit overzealous. IMO google is choosing carefully which books to include in its project. They're neither a library, nor a government - why should they archive every book under the sun? Did any of us expect to be able to find and search every book ever published? It's more a question of merit. Why waste the space on children's origami books, or every edition of "Upgrading and Repairing PCs". However, I would still like to see that list. It would shed some light on the opinions and thought processes of those in charge at google.

    1. Re:Put another way... by HiThere · · Score: 2, Informative

      They should be REQUIRED to scan and host every book under they sun because they have been granted the status of a governmentally approved monopoly by the court decision that allows them to scan and host the books if they choose to.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  13. Harlan Ellison by Tteddo · · Score: 2, Funny

    All I really want to know is what Harlan Ellison thinks.
    He's a beacon of light in our troubled forest of copyright.

    1. Re:Harlan Ellison by honestmonkey · · Score: 2, Funny

      Screw you, I'm going to sue you. I own the copyright and trademark for "beacon of light in our troubled forest" and you owe me money for even thinking it.

      Sincerly,
      H. Ellison

      --
      Everything you know is wrong, Just forget the words and sing along.
  14. Re:I wonder what that will be? by maxume · · Score: 2, Informative

    Indeed. For instance:

    http://www.ovo127.com/blog/2009/03/trevor-blake-unspeakable-horrors.html

    (I don't mean to single out Lovecraft, but the popularity of his (other) work makes him a good sample)

    --
    Nerd rage is the funniest rage.
  15. Re:If These People Had Been Around Back in the Day by Attila+Dimedici · · Score: 2, Informative

    They'd have chipped the wang off the Statue of David. Let's see, who else do I know that had a policy of making "Inappropriate" works of art disappear? Oh yes... The Christians.

    There fixed that for you.

    You do know that the statue of David was commissioned to stand in a Cathedral? Right? You know, a place of CHRISTIAN worship.

    --
    The truth is that all men having power ought to be mistrusted. James Madison
  16. Blame the author's Guild, not google by boombaard · · Score: 2, Interesting

    Google isn't contacting you because you're too small fry.
    Anyway, what I don't get is what this summary means. Is it talking about "censorship", about porn, or about digital rights management/copyright issues. The summary seems to vacillate between either of those interpretations, and most people here immediately seem to assume "censorship", but I don't really see how they can conclude that with any degree of certainty.
    Reading the article (which is pretty badly written) it seems to be about "porn" mostly, but they fail to explain why we are supposed to care, or why the fact that google has a non-exclusive deal with the AG makes the current situation worse. Apparently they're blaming Google for not having competitors, which seems pretty stupid.
    Right now those orphaned (and other) books aren't accessible, nor in the PD, and this won't change if Google partially publishes and partially censors them (as they still won't be PD), but apparently if google censors them there will be no other way for us whatever to access those books, which seems something of a stretch. (but hey, sensationalist journalism is great. It's almost as though they've confused GOOG for MSFT, the twits.)
    Secondly, the auction house idea seems even more legally untenable than this deal with the AG is.
    Lastly, what is the relevance of P.K. Dick's estate to the discussion, other than as a name?

  17. This is why class-action is stupid by Fortunato_NC · · Score: 4, Insightful

    So Google commits the most blatant act of copyright infringement in the history of mankind - basically stealing 7 million books and posting them on the Internet (with "limitations", which will be quickly circumvented with some clever Google "mash-up"). Someone steps forward, claims to represent the entire class of authors who has been wronged, accepts a pitiful "settlement" (well, it's pitiful if you are one of 7 million authors who are going to be paid $60 for your hard work, the $30 million cut for the lawyers is pretty impressive), and now the authors have two choices:

    1. Accept a really crappy deal.
    2. Sue one of the largests corporations on Earth, which can point to the 6.99 million plus other authors who took (or at least, didn't opt out of) the lousy deal and say, "This is what everyone else thought these rights were worth."

    Meanwhile, a 12-year old downloads a crappy pop song onto her grandparent's blueberry iMac, and the RIAA gets to extort thousands of dollars out of dear old Grandma.

    Why is "Hit Me Baby One More Time" worth so much more than something like "Innovation: The Attacker's Advantage"? And if it isn't, why can a bunch of lawyers step in for 7 million people and accept a crappy deal?

    --
    Blogging Weight Loss, Distance Education, and more at verlin.com
    1. Re:This is why class-action is stupid by swillden · · Score: 5, Insightful

      And if it isn't, why can a bunch of lawyers step in for 7 million people and accept a crappy deal?

      It isn't a crappy deal. Not really. Oh, the cash is pitiful, but the terms are good for authors and readers both. Publishers are going to lose out, eventually, but that makes sense because they're becoming unnecessary.

      The biggest change this settlement creates is for authors whose works are currently out of print. These are people who currently aren't making anything for their books. Not only do they get a little in the settlement, they also get a new opportunity for their work to be read, and even sold.

      I expect even authors who are in print to benefit, though, for the same reasons that Baen's Free Library has proven to be such a windfall for both Baen and the authors who volunteered their works for the library. The very biggest obstacle any author has to overcome isn't a way to make sure they get royalty checks, it's obscurity. Once a significant number of people know and enjoy an author's work, making a living from writing is easy.

      The settlement will increase access, but will do it in a format that's inconvenient and unpleasant for reading, and in a way that's just a few clicks and a few dollars away from an actual printed copy -- and a subsequent royalty check delivered to the author.

      Time will tell, but my prediction is that most in-print authors will choose to opt *in* to full access through Google Reader, and their bank accounts will be glad they did.

      Meanwhile, the REAL purpose of copyright is fantastically well-served by this agreement. Note that the purpose of copyright has nothing to do with compensating authors, the real purpose is to encourage broad publication, and to maximize the access of the public to new works and new ideas. To do that, we need to provide just enough incentive to get writers to write, and an easy and efficient publication mechanism. This settlement preserves the opportunity for authors to make money (motivating them to write more) while making their works much easier to find and obtain.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  18. Welcome to Class Action Lawsuits. by pavon · · Score: 4, Interesting

    When a class action lawsuit is approved to go forward, then anyone and everyone defined in that class is bound by the terms of the eventual settlement unless they specifically opt-out in writing. The lawyers bringing the class action suit are supposed to contact the members of the class, but when the class is so large, this often only happens by means of a few postings in trade literature, or some commercials run on TV or the like.

    A similar thing happened to my parents. They (foolishly) bought a car on a lease-to-own program, where a certain amount of what you pay in the lease is supposed to apply to the eventual purchase price. Well, in addition to being a bad deal to begin with, the dealership did even not live up to these terms and also played games like applying additional payments toward future interest incurred instead of the principle. They broke their contract and the law in several instances cheating my parents (and all their other customers) out of thousands of dollars each.

    Anyway some lawyer decided to bring a class action lawsuit against them for this, and eventually "won". The result - the lawyer got a ton of money, each of the screwed customers got like $50 and the dealership got off for a fraction of what they had cheated their customers out of. The laywer claimed he mailed letters to all the customers affected by this notifying them of the class action (my parents were specifically listed as such a customer as found in discovery), but they don't ever remember getting such a thing. The first they heard about it was when they tried to bring legal action against the dealership and were told they couldn't because they had been part of a class settlement, but they could contact the lawyer and request their share of that settlement if they wished.

    Class action lawsuits may have been created with good intention, but the actual outcome is enrich scummy lawyers and to indemnify corporations against lawsuits for cheap.

  19. Google is a business, not the end-all by CorporateSuit · · Score: 2, Interesting

    Not hosting those books is not "Censorship", it's simply not hosting books they deem inappropriate (which is their right to do). If you have a website or a business with a website, then you have the right to NOT link to sites or articles which you completely disagree with or find inappropriate. If Google went around banning those books from every library, bookstore, and online bookstore -- then it would be censorship. They're not a government institution, and they're not a monopoly. Let them do whatever the hell they want.

    --
    I am the richest astronaut ever to win the superbowl.
    1. Re:Google is a business, not the end-all by roguetrick · · Score: 4, Insightful

      Due to this court decision, they are a monopoly in this particular case. That would be the problem.

      --
      -The world would be a better place if everyone had a hoverboard
    2. Re:Google is a business, not the end-all by Gat0r30y · · Score: 3, Informative

      If Google went around banning those books from every library, bookstore, and online bookstore -- then it would be censorship.

      Google will maintain rights to the books it deems inappropriate even though they are not hosting them.

      --
      Prediction: The real iPhone killer is going to be sex robots from Japan. Think about it.
  20. Re:Reality Check by HiThere · · Score: 2, Informative

    Yes, it's censorship. If Google, and only Google, has the right to scan and host a book, then for Google not to do it is censorship.

    If it weren't for the absurd decision of the court then I would agree that it wasn't censorship. As, however, the government has granted this monopoly to Google, then for Google to refuse to publish a work is censorship.

    I, personally, think that this decision is absurd, illegal, and unfair to everyone except Google and the lawyers. And I'm dubious that the court had the legal right to make the decision that it did. The authors' guild doesn't represent all authors, and it may well not even represent most authors. (I'll grant it probably represents all the authors in the English speaking world who make most of their income from writing. I won't admit that it considers their interests very seriously...except, possibly, in contract negotiations with publishers. [I'm neither an author of anything longer than a short technical manual, nor closely enough connected with any authors to have discussed how the authors' guild goes about representing them. But I know that they didn't represent me, and I *did* write that now obsolete and out of print technical manual.])

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  21. Peter Rabbit by Tired+and+Emotional · · Score: 3, Insightful

    I certainly hope they deem half naked (or worse!) anthropomorphic rabbits as inappropriate. Especially as this stuff tends to end up in the hands of children!

    --
    Squirrel!