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U of Michigan and Amazon To Offer 400,000 OOP Books

eldavojohn writes "Four hundred thousand rare, out of print books may soon be available for purchase ranging anywhere from $10 to $45 apiece. The article lists a rare Florence Nightingale book on Nursing which normally sells for thousands due to its rarity. The [University of Michigan] librarian, Mr. Courant said, 'The agreement enables us to increase access to public domain books and other publications that have been digitised. We are very excited to be offering this service as a new way to increase access to the rich collections of the university library.' The University of Michigan has a library where Google is scanning rare books and was the aim of heavy criticism. (Some of the Google-scanned books are to be sold on Amazon.) How the authors guild and publishers react to Amazon's Surge offering softcover reprints of out of print books remains to be seen."

160 comments

  1. Wow... by vishbar · · Score: 5, Funny

    So how many books cover functional programming?

    --
    Ride the skies
    1. Re:Wow... by snspdaarf · · Score: 1

      Sorry, these all come from the non-fiction section.

      --
      Why, without your clothes, you're naked, Miss Dudley!
    2. Re:Wow... by tool462 · · Score: 2, Funny

      Only one, but the catch is you have to pass it your own 'print' function.

    3. Re:Wow... by stephanruby · · Score: 1

      At least 16, if you go back 3,000 to 4,000 years back (I think). Vedic Mathematics is actually a lot like functional programming. Also, in the 17th century, the term 'computer' used to refer to the human being performing the actual calculations (for calculating the trajectory of cannon balls for example).

      Variable collisions is actually quite problematic when you're doing mental math. That's what Vedic Math solves for you. It gives you all the algorithms necessary to do math in your head, so that you just have one single number to remember at a time (which is what makes the feat even possible in the first place).

    4. Re:Wow... by jc42 · · Score: 4, Interesting

      Also, in the 17th century, the term 'computer' used to refer to the human being performing the actual calculations (for calculating the trajectory of cannon balls for example).

      That usage only died out recently. My wife likes to tell people that her first job title was "computer". This was around 1970, when she got a job working for a civil engineering firm, using their fancy new desktop calculators to do the math for surveying work. She actually only got out of that line of work in the mid 1980s, when the calculating was finally being moved over to those fancy new desktop computers. The use of "computer" as a job title had died out by 1980, though, as it had by then become widely known as the name of a kind of electronic device and was thus inappropriate to describe a human.

      Now she does computing work for medical organizations, which are finally being dragged kicking and screaming into the computer age. Her iMac is more powerful, and has more pixels on its screen, than any in use at her office. But it'll probably still be some years before your typical MD understands what can be done with those newfangled electronic gadgets.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    5. Re:Wow... by Tablizer · · Score: 1

      So how many books cover functional programming?

      Don't worry, the fact that they're out-of-print means OOP's out of style.
       

    6. Re:Wow... by badkarmadayaccount · · Score: 1

      I usually emulate a stack machine, and it works quite well.

      --
      I know tobacco is bad for you, so I smoke weed with crack.
  2. OOPs by thewils · · Score: 1

    I thought they were Object Oriented Programming books :( Had me going for a minute there...

    --
    Once I was a four stone apology. Now I am two separate gorillas.
    1. Re:OOPs by CarpetShark · · Score: 2, Funny

      I thought they were Object Oriented Programming books

      That's why you need to read these books ;)

      Every one.

    2. Re:OOPs by davester666 · · Score: 1

      "agreement enables us to increase access to public domain books"

      Why do they need to enter into an agreement with anybody to publish (in print or digitally) books in the public domain?

      --
      Sleep your way to a whiter smile...date a dentist!
    3. Re:OOPs by Anonymous Coward · · Score: 0

      Well, after I browsed the local book store, I must say that the number of titles dedicated to OOP would seem correct and certainly could have confused you. *ducks*

    4. Re:OOPs by Paul+Carver · · Score: 2, Informative

      Why do they need to enter into an agreement with anybody to publish (in print or digitally) books in the public domain?

      Because Amazon doesn't have the books and presumably the U of Michigan library doesn't want to be in the business of reproducing (either physically or electronically) the books that they have on their shelves.

      Just because you happen to have a rare out of print book on shelf in your living room doesn't entitle me to come barging in your front door with my photocopier or scanner to make myself a copy, nor does it obligate you to hand out copies to everybody who walks by. However, we could enter into an agreement where you let me come into your living room at a convenient time and make a copy of your rare out of print book at my own expense. We could not legally enter into that agreement regarding the latest bestseller that you picked bought yesterday because copyright law prohibits me from copying it and you from inviting me in to copy it.

    5. Re:OOPs by Anonymous Coward · · Score: 0

      Okay so the detail I want to know is: If these books are in the public domain, does that mean digital copies of them will be provided free of charge? Because no offense but the crappiest part of public domain in this day and age is the fact that people are able to make digital reproductions of them and then have them copyrighted for 90+ years. Esp if these things are rare enough that they're unlikely to let any volunteers come in and rescan them after google or amazon or whoever are done?

    6. Re:OOPs by Freetardo+Jones · · Score: 1

      But Amazon is reprinting these books they aren't providing digital copies. So, yes, they are probably going to charge something to cover the costs of printing.

    7. Re:OOPs by johny42 · · Score: 1

      What, they're not? I actually haven't consider this possibility until I read your comment! This is Slashdot, right?

    8. Re:OOPs by Eudial · · Score: 1

      My mind also went there. But then I thought, no way there are 400,000 books written on the subject. I mean, sure, it's big, but it's not THAT big.

      --
      GAAH! MY PRINTER IS ON FIRE!!! PUT IT OUT! PUT IT OUT!
  3. Sweet by Anonymous Coward · · Score: 0

    I love browsing college libraries, there is so much good stuff hidden in there that needs to see more light.

    1. Re:Sweet by Anonymous Coward · · Score: 0

      But not as much as I love browsing glory holes!

    2. Re:Sweet by p.harshal · · Score: 1
  4. And the Kindle? by dmomo · · Score: 3, Insightful

    We've been pushing to go from Paper to Digital. It's interesting that they're going in the opposite direction here. The article has no mention of the Kindle. I find it hard to believe that the Kindle doesn't play some big role in this. Perhaps they will offer these books for free on the Kindle to help push the device? Personally, I think they should be online and free.

    1. Re:And the Kindle? by noidentity · · Score: 2, Insightful

      I think it's better that they are in Permanent Paper instead of Disappearing Digital format.

  5. Public domain trampled on again by Dunbal · · Score: 4, Funny

    So Amazon is going to be so nice as to offer us the chance to PURCHASE what actually belongs in the public domain? Wow. I am impressed and excited.

    --
    Seven puppies were harmed during the making of this post.
    1. Re:Public domain trampled on again by Anonymous Coward · · Score: 0

      You are an idiot. They are offering you the chance to PURCHASE their labor spent scanning the books. Public Domain != Free.

    2. Re:Public domain trampled on again by SomeJoel · · Score: 1

      Ok, then how do we scan the books ourselves, so we won't have to pay for the public-domain works? That is, how can we obtain something that is owned by the public without spending any money on it?

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    3. Re:Public domain trampled on again by Dunbal · · Score: 4, Insightful

      They are offering you the chance to PURCHASE their labor spent scanning the books.

            And as soon as someone decides to type up the contents of one of the books and put it online, what happens to their business model then? Or are they going to claim, like a certain museum in the UK, that although the copyright on the original work has expired, the copyright on their "scans" is brand new?

            This is a dangerous idea, because it will either cost Amazon money since they won't be able to maintain their business model on expired works, or (the most likely scenario) the public domain will lose once again as courts end up deciding that this is a valid method to perpetuate copyright for all time, by making copies of your work the night before copyright expires.

      --
      Seven puppies were harmed during the making of this post.
    4. Re:Public domain trampled on again by Duradin · · Score: 2, Insightful

      The Count of Monte Cristo is in the public domain but if I want a dead tree version of it I have to be able to find a dead tree version of it and then generally will need to purchase that dead tree version.

      Now finding a copy of The Count of Monte Cristo is rather easy. Imagine trying to find a copy of something that is technically in the public domain but the book itself is rare enough to effectively not exist anymore (and there are no electronic copies of it) and the market so small that no one would bother trying to republish it even if they had the book to work from. Print On Demand is a perfect solution to that problem. You don't have to keep stock of books that will rarely sell but yet you can make those books available to for purchase.

    5. Re:Public domain trampled on again by Dunbal · · Score: 2, Insightful
      --
      Seven puppies were harmed during the making of this post.
    6. Re:Public domain trampled on again by Anonymous Coward · · Score: 1, Insightful

      If you own a hard copy of a public domain book, you can scan it and put it online... These are rare books that it seems Amazon is going through the trouble of finding copies and scanning them.

      Just because something is owned by the public doesnt mean that you shouldn't have to pay for it if there is some sort of service rendered to make it available to the masses.

    7. Re:Public domain trampled on again by Anonymous Coward · · Score: 0

      As the person below me states with his example of the Count of Monte Cristo, although the work is public domain, you need to pay for a hard copy.

      You could print your own copy if you wished, but the equpiment to do so is cost prohibitive.

      With electronic publication, yes, someone could copy it easily. However, Amazon happens to own a protected distribution channel - the Kindle.

      It is a closed platform, and I am sure that hacking it to copy works from it would be a violation of their ToS and would subject you to lawsuits. That is how their work is protected.

    8. Re:Public domain trampled on again by cashman73 · · Score: 1
      Ok, then how do we scan the books ourselves, so we won't have to pay for the public-domain works? That is, how can we obtain something that is owned by the public without spending any money on it?

      I suppose you're free to bring your laptop and a flatbed scanner over to the University of Michigan's library, find an empty corner, and scan away! Though it could take awhile to scan a book with 100-500 pages, so I hope you have lots of free time. Remember, you can't exactly feed a book through an automatic document feeder without destroying the book, and I don't think the library staff would be too happy if you did that to one of their books in the "old, out-of-print" section,...

    9. Re:Public domain trampled on again by eldavojohn · · Score: 5, Informative

      This is a dangerous idea, because it will either cost Amazon money since they won't be able to maintain their business model on expired works ...

      You are extremely misguided in your analysis of this situation. To address your immediate concerns, the books have been scanned digitally. What's done is done. Amazon's Surge process is print on demand. So there's no loss of anything right now. Not one sale could be made and little cash would be lost as no books would be printed. Granted, these soft cover bindings aren't the nicest books, they're books. And you're also overlooking the fact that now libraries can have public domain books in physical copy on the cheap. Let's look at the FAQ:

      Q. What is provided for in the agreement with BookSurge, part of the Amazon group of companies?
      The University of Michigan will make thousands of books -- some rare and one-of-a-kind -- available on Amazon.com as reprints on demand. BookSurge will use the digital copies of the original works from the U-M Library collection to create a soft-cover reprint and mail it to customers.

      Q. How long does the agreement run?
      The initial agreement is for two years.

      Q. Is this an exclusive agreement?
      No. The agreement does not limit the U-M to offering reprints only on Amazon. In the coming year, the university will be extending the program and working with other potential printing and distribution partners.

      Q. How will this work?
      The public will be able to search for a title through the U-M Library or on Amazon.com. On the U-M Library Web site, for instance, there will be a "buy this book" link added that will allow users to order a reprint. Anyone with a link to the Internet and a credit card will be able to order reprints.

      Q. When will these additional titles be available for purchase?
      We expect to have the books available for reprint later this summer. We'll continue to add titles as books are digitized for the next several years.

      Q. Where are the original books?
      All of the titles offered for reprint are books or other publications that exist in the U-M Library collections. Some are very rare. Some are deteriorating badly and cannot safely be handled. All are being carefully preserved.

      Q. Who will buy these reprints?
      We think there will be wide interest in public access to these books. History enthusiasts, scholars, students, teachers and other libraries are among those we believe will make use of this new, low-cost reprint service.

      Q. What will the reprints cost?
      We estimate that costs will range from as little as $10 to about $45 for larger and longer books. Books will be mailed directly to customers.

      Q. Who sets the price?
      The U-M determines the list price of each book, which will be based on the length and size of the book. Amazon may discount that price, but may not charge more than the list price.

      Q. Will the U-M make money on the reprints?
      Yes, but that is not the primary goal. We want to make these books more available to the public and to scholars and this agreement accomplishes that. The books will be priced to cover the costs of production and a small profit. The university will use its proceeds to cover the cost of production and some infrastructure costs related to the digitization effort.

      Q. Why would Google agree to sales on Amazon?
      The university has an agreement with Google to do what it does best: Create digital copies of these books. Now the university has an agreement with a unit of Amazon to do what it does best: Sell books and other items very efficiently on the Internet. We think both are great partnerships and the companies

      --
      My work here is dung.
    10. Re:Public domain trampled on again by Carik · · Score: 1

      And as soon as someone decides to type up the contents of one of the books and put it online, what happens to their business model then?

      Nothing. They're still the ones selling bound paper copies. Sure, you can download what someone else typed or copied and print it, but you won't have a real bound book, unless you've got some unusual equipment at home.

      They're not really asking you to pay for the data contained in the book. THAT is clearly public domain (except where it isn't, of course). They are, however, asking you to pay for the parts and labor, which are not in the public domain.

    11. Re:Public domain trampled on again by david_thornley · · Score: 1

      If you go to Barnes & Noble, you'll find some racks of nicely bound inexpensive books, all public domain. You can buy these books, just as you can buy CD-ROMs with completely free Linux distributions on them.

      Alternatively, you can download the contents from Project Gutenberg or your favorite distro site, respectively. It's a matter of convenience.

      In this case, it's more difficult to get your own scans. However, if a lot of you get together, and one person buys the Amazon copy, you can get together and scan your own. You just have to remove any creative content added in addition to the original scan.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    12. Re:Public domain trampled on again by Anonymous Coward · · Score: 0

      I suppose you're free to bring your laptop and a flatbed scanner over to the University of Michigan's library, find an empty corner, and scan away! Though it could take awhile to scan a book with 100-500 pages, so I hope you have lots of free time.

      These days you can get away with using a cheap digital camera for "scanning" books. It's a hell of a lot faster than flatbed scanning, it's easier on the binding, and it's certainly more portable than lugging around a laptop + flatbed.

    13. Re:Public domain trampled on again by Asic+Eng · · Score: 1
      It's print on demand, so the costs for Amazon could be quite low. It's not quite clear from the article, but it seems the scanning costs are covered by the university, so that would mean the only upfront cost would be to put the works into Amazon's database.

      So their business model might actually work, regardless whether someone puts it online or not. They'd just get the business of the people who'd prefer to have a paper copy.

    14. Re:Public domain trampled on again by Roger+W+Moore · · Score: 1

      You could print your own copy if you wished, but the equpiment to do so is cost prohibitive.

      Actually with modern, automated printing presses that is becoming less the case. We print a conference proceedings for 7 cents/page for a fully bound soft cover book that looks professional. All you would need to do is download the scans from Google, OCR them and do the layout. Still not a trivial amount of work but not impossible if you were somehow motivated by wanting to save a few dollars.

    15. Re:Public domain trampled on again by SeaFox · · Score: 1

      or (the most likely scenario) the public domain will lose once again as courts end up deciding that this is a valid method to perpetuate copyright for all time, by making copies of your work the night before copyright expires.

      No, because you could always go back and with your own effort make a copy of the same original Amazon used. Only Amazon's own scan of the work would be copyrighted, the book itself would not get a magical copyright extension because someone scanned it right before the expiration date.

      It sort of like a copyright on a musical recording. It's not related to the song itself. So I can make a recording of myself singing a folk song that is now in public domain, and Celene Dion's record company can't sue me because she did a version last year, because they don't own the rights to the song itself.

    16. Re:Public domain trampled on again by Anonymous Coward · · Score: 0

      You're paying for convenience: anyone can get the content, but they have the equipment to print (easier to read) and bind (easier to handle) it cheaply.

      So does the convenience outweigh the expense? Time and market forces will tell, but hope so. After all, I can purchase copies of Jane Austin pretty much anywhere, so why not other out of copyright works?

    17. Re:Public domain trampled on again by Helios1182 · · Score: 3, Insightful

      It will work. The options are 1) spend $10 on Amazon to get a bound copy in the mail, 2) download a copy online and spend $10 printing it at home before stapling it together, and 3) go the Ann Arbor and maybe get access to the only remaining copy of the book at be forced to read it under supervision in a clean room.

      I know which one I would choose.

    18. Re:Public domain trampled on again by Anonymous Coward · · Score: 0

      1. Google books
      2. archive.org
      3. project gutenberg

      all three either have scans of the public domain U. Mich. books for download or spellchecked OCR.

    19. Re:Public domain trampled on again by b0bby · · Score: 1

      From my understanding, the books are out of print, not necessarily out of copyright. If they are out of copyright, you might well be able to get a free copy from Project Gutenberg, but if you you want it neatly bound and printed, Amazon will send it to you. This is the case with Notes On Nursing - you can get it here: http://www.gutenberg.org/etext/12439. Maybe the U of Mich version is better edited, formatted, etc; there are lots of ways to improve on Project Gutenberg books. If they are merely out of print, I guess they will have some way for copyright holders to either get paid or be able to stop the printing.

  6. Technically in the Public Domain But, by dmomo · · Score: 4, Interesting

    I am curious about the right to copy a rare public-domain book. Let's say someone owns the only copy of a book. They do not allow anyone else to scan it. But, they do scan it themselves.

    Do they own the "scan". Can they copyright that? Could they sue me for copying their scanned version? Suppose they ran it through some OCR. Then they changed the layout but not the text. Now could they use that as a basis from stopping me from copying it? It's their font/layout configuration after all.

    I suppose further, I could run their scanned work through my own OCR, and since the text itself is not copyrighted, I could then distribute the text.

    Sounds silly and convoluted, but this is the kind of argument we can expect to see as information becomes easy to control and manipulate. And as more and more public domain items come into the light, there will be more and more "stake holders" trying to protect their cash cows.

    1. Re:Technically in the Public Domain But, by Anonymous Coward · · Score: 1, Informative

      At least in the US, Project Gutenberg has establish a pretty long standing precedent that scans do NOT constitute a new copyright. So, in your example, the scan docs are as public domain as the original book and if you get a copy of it, you have permissions to do whatever you want with it.

    2. Re:Technically in the Public Domain But, by Hungus · · Score: 3, Informative

      I am curious about the right to copy a rare public-domain book. Let's say someone owns the only copy of a book. They do not allow anyone else to scan it. But, they do scan it themselves.

      Do they own the "scan". Can they copyright that?

      yes

      Could they sue me for copying their scanned version?

      Yes

      Suppose they ran it through some OCR. Then they changed the layout but not the text. Now could they use that as a basis from stopping me from copying it? It's their font/layout configuration after all.

      Yes

      I suppose further, I could run their scanned work through my own OCR, and since the text itself is not copyrighted, I could then distribute the text.

      no because you used their work without permission An example of this is taking a photo of a work in the public domain. If it is your photo you can reproduce it and use it all you want. If it is someone else's photo you are SOL if you do not have rights to work with their photo.

      Sounds silly and convoluted, but this is the kind of argument we can expect to see as information becomes easy to control and manipulate. And as more and more public domain items come into the light, there will be more and more "stake holders" trying to protect their cash cows.

      you could however do it anyways and then they would have to prove that you used their copies to create your work. the problem is if it is a one of a kind and they can show you had access to it once again you are SOL.

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    3. Re:Technically in the Public Domain But, by Anonymous Coward · · Score: 0

      I am curious about the right to copy a rare public-domain book. Let's say someone owns the only copy of a book

      Then they have no rights. Only the registered copyright holder holds the rights to make copies. That's why its called a COPY right.

      They do not allow anyone else to scan it.

      Then it seems to me that no one else can scan THEIR copy. You are confusing COPYRIGHT with OWNERSHIP OF A VERY RARE OBJECT. Copyright is a legal term covered under national laws and international treaties. Ownership of a very rare object simply entitles the owner to be an asshat and keep the object for themselves.

      Glad we discussed that.

    4. Re:Technically in the Public Domain But, by CarpetShark · · Score: 1

      Do they own the "scan". Can they copyright that?

      yes

      Bull. Scanning is only one half of the (modern) photocopying process. So if I'm "creative" enough to think of photocopying your book, I own the photocopy, and can sell it as a new work?

    5. Re:Technically in the Public Domain But, by xouumalperxe · · Score: 1

      IANAL, etc etc.

      From what I understand, you're correct: you'd at most own copyright for the scan, not the text. So if I were to buy thte OCRed book off you, I'd be legally entitled to copy it word for word, and do whatever. Problem is, AFAIK you need to do something creative to actually qualify for copyright. So scanning the text doesn't give you copyright over the scans, but if you were to typeset the text, you'd have copyright over the layout itself, but not the text.

      I wonder how this would work with sound recordings, though. One could theoretically keep the master tapes safely stored, and issue new, slightly tweaked edits every time the edit in the market is about to run out of copyright time. Of course, anybody who still has the old media has a public domain copy, but you're never issuing anything that's already in the public domain yourself.

    6. Re:Technically in the Public Domain But, by Rene+S.+Hollan · · Score: 2, Insightful

      Oh, I disagree!

      They own the scan. They made it. But, I disagree that the scan is copywritable. It is not an original artistic work. It might be if it was a subsequently "cleaned up" version of the original, that was being re-released. Same, if it was OCR'd, but the issue would hinge on whether the OCRing was "merely transformative". Then, it would not be copyrightable.

      Of course, if you got their "only" scan in an illegal manner, and made copies of that, you might have committed the crime of theft, regrdless of copyright infringement. You might not have violated copyright, but you would have violated a proprty right -- taking without permission.

      Finally, in this case, I don't think it's the content that has value, but rather the manuscript, who's value is not diminished (and might, in fact be enhanced, if it's content proved popular). We can all get copies of Shakespeare's works, or a print of the Mona Lisa, and that does not diminish the value of an original manuscript, does it?

      --
      In Liberty, Rene
    7. Re:Technically in the Public Domain But, by Jurily · · Score: 3, Insightful

      Sounds silly and convoluted, but this is the kind of argument we can expect to see as information becomes easy to control and manipulate.

      No, this is what you get for treating information as property. Maybe the law needs to get in sync with reality once in a while.

      You can go on and on about how it costs money to create information in whatever form, but as long as it's free to replicate it (since the devices needed are common household items now), you need a different business model other than selling it. I'm generalizing here because it doesn't just apply to literature. Think software, music, movies, etc. That's the beauty of computers: all information can be represented as a sequence of bits, and as such, easily copied and modified. Add in the fact that most people don't have a moral problem with copying, and you have laws that are impossible to uphold without a police state.

      Oh, and let's not go into the finer points, like what happens when I write a program, and the compiler output played as audio happens to be a copyrighted song.

    8. Re:Technically in the Public Domain But, by Hungus · · Score: 3, Informative

      You may disagree all you want to but you would still be wrong. I was involved in a lawsuit 3 years ago that says otherwise. Scans are considered original works and are copywritable.

      --
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    9. Re:Technically in the Public Domain But, by Hungus · · Score: 3, Interesting

      Only if the original subject is in the public domain otherwise it is considered derivative. I was involved a few years ago with a rather stupid lawsuit where a publisher got ahold of a database containing tens of thousands of scanned pages of documents well into the public domain. (original documents were from the 17th and 18th century) They argued that they could publish the documents as they were in the public domain. The Owner of the scans argued that they were reproducing copyrighted work. The courts agreed with the owners of the original scans.

      --
      Bad Panda! No Bamboo for you! In matters of importance ACs will not be responded to. Want to say something critical,OK
    10. Re:Technically in the Public Domain But, by nzodd · · Score: 5, Informative

      IANAL, but I suspect they would not own copyright on a scan of a public domain work, at least not in the U.S., because of the precedent set down in Bridgeman v. Corel. Corel distributed non-original photographs taken by Bridgeman Art of public domain art works, and Bridgeman sued them, claiming they owned the copyright to those images. According to the decision, because the photographs were slavish copies of public domain works, the photographs themselves had no original element and thus couldn't be copyrighted. as Wikipedia puts it: "Bridgeman Art Library v. Corel Corp., 36 F. Supp. 2d 191 (S.D.N.Y. 1999), was a decision by the United States District Court for the Southern District of New York, which ruled that exact photographic copies of public domain images could not be protected by copyright because the copies lack originality. Even if accurate reproductions require a great deal of skill, experience and effort, the key element for copyrightability under U.S. law is that copyrighted material must show sufficient originality."

    11. Re:Technically in the Public Domain But, by Rene+S.+Hollan · · Score: 1

      I know it's bad form to follow up one's own post, but I have additional thoughts.

      The issue of copyright hinges on making an artistic contribution when involved in a transformative work -- the idea being that the effort deserves reward and protection in order to encourage that such efforts take place.

      It can be argued that a simple scan (as I did above) is merely transformative, not artistic, and therefore not copyrightable.

      But, having made the scan, and releasing copies of it, someone else might undertake to improve the quality of it. Had the original scan not been made, this could not happen, and therefore doing so added to publicly available knowledge. Perhaps it took great effort (and, maybe expense), to obtain the original work so that it might be scanned in the first place, or great care (and again, expense) to scan it non-destructively -- no one would dare just stick an original copy of the U.S. Declaration of Independence in a Xerox® machine now, would they?

      The question then becomes, "Is that worthy of protection, and promotion, and if so, what kind?"

      It boils down to "Hay! He (or she) could not have done that valuable thing, if I didn't do this difficult thing, so I should be compensated if he (or she) profits;" sort of a "contingent copyright" if you will.

      I know GPL authors would take exception if their code was used, modified, in a commercial product, without the modifications made free. The GPL solution is that no one may profit (merely) from the code itself. That said, I'm sure some GPL authors have sour grapes if their code becomes an enabler for a widely popular piece of hardware, in which they do not share in the profits it produces. Hence, we see (often amateur) "non-commercial" licenses: you can use this, but only if not for profit. Otherwise, let's strike a deal.

      I don't think, in this case, a new notion of a contingent copyright makes sense: it isn't necesasry. But I do thing a license on otherwise non-copywritable works does. EULAs, in principle, are not bad things, just because the historic pattern has been for them to be (a) draconian, and (b) shrinkwrapped (which, IMHO, makes them unenforceable, but IANAL).

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    12. Re:Technically in the Public Domain But, by PitaBred · · Score: 2, Informative

      Then the courts fucked up and you should have appealed. Photographs of public domain paintings are also in the public domain due to the work not being transformative, only technical.

    13. Re:Technically in the Public Domain But, by Anonymous Coward · · Score: 0

      True, the scan itself might be copyrightable, but the content is not. Thus if one obtained the scan and OCR'd (or manually typed) the text out of it, and copied that text (which was original to the manuscript) it would not be a copyright infringement.

      At least it would make it rather hard to prove that the copies being distributed were from his copy of the manuscript.

    14. Re:Technically in the Public Domain But, by maxume · · Score: 1

      Did the court rule on using the scans to generate copies of the text of the documents, or are you inferring that part?

      --
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    15. Re:Technically in the Public Domain But, by Rene+S.+Hollan · · Score: 1

      Well, I used the wrong word. Perhaps I should have used "technical" instead of transformative, as that is what I meant.

      For example, it would be abusrd to argue that I can buy a CD, make a cassette copy, and sell the cassettes under my copyright because it does not impinge the copyright holder from selling CDs. (It does, of course, affect their ability to exploit the nature of the work, the performance, in cassette format, and may detract from CD sales as well.)

      In this case, providing the work for scanning should be done uner EULA by the owner of the work. Just because it is in the public domain, does not mean the public has a free right to it, merely that they are free to do with it what they will if they freely obtain it. And her, one could argue that, yes, the public has a right to the content, but not the packaging, in a reverse of digital music EULAs.

      --
      In Liberty, Rene
    16. Re:Technically in the Public Domain But, by Chyeld · · Score: 1

      You are missing or avoiding the question, does the scan of the public domain work, constitute a new work (i.e. now under copyright of the scanner) or is it also in public domain.

    17. Re:Technically in the Public Domain But, by Anonymous Coward · · Score: 0

      I am curious about the right to copy a rare public-domain book. Let's say someone owns the only copy of a book. They do not allow anyone else to scan it. But, they do scan it themselves.

      Do they own the "scan". Can they copyright that?

      yes

      Not true. See Bridgeman v. Corel .

    18. Re:Technically in the Public Domain But, by Kadin2048 · · Score: 1

      Either there are some details involved in the case that you're leaving out, or the decision was a very poor one and should have been appealed.

      In much of the US (at least where many copyright cases are heard), Bridgeman v. Corel is one of the more recent cases establishing precedent. It dealt with photographs -- arguably more "transformative" than photocopies -- of famous paintings.

      The most famous USSC case (Bridgeman was a Federal District Court case, it never went to the Supreme Court) is Feist v. Rural Telephone Service, which was notable because it eliminated the so-called "brow sweat doctrine" where anything with substantial effort invested in it was apparently subject to protection. Feist replaced this with a test based on originality. There are some similar cases dealing with recipes, which I think are more interesting, since you can make a fair argument that developing a recipe is creative: nonetheless, the recipe itself -- the list of ingredients and the process itself, detached from the narrative text that describes it -- aren't subject to copyright protections. (I think the idea is that they're properly something that should be protected by patents or trade secrets law, if protected at all. The recipes case is interesting because Canada and some other Commonwealth countries have gone the other way with it.)

      A photocopy pretty clearly fails the originality test of Feist, and isn't transformative in a way that would satisfy Bridgeman (within the districts where it's applicable), so I can't see any way that it would fall under copyright (if the image or work being photocopied was public domain). Maybe there were specific circumstances that made the issue more complex for some reason, but in general it seems at odds with the direction of US jurisprudence in the past few decades.

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    19. Re:Technically in the Public Domain But, by Hungus · · Score: 2, Informative

      The decision turned on the collection issue. The court ruled that since entire works were scanned that they constituted a collection and reproduction of said collection was a copyright infringement.

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    20. Re:Technically in the Public Domain But, by MaerD · · Score: 1

      >

      Do they own the "scan". Can they copyright that?

      yes

      Could they sue me for copying their scanned version?

      Yes

      WRONG! We just bloody covered this
      In the US reproductions of public domain works are in the public domain. Unlike the previous story there can be no debate over which law (US or UK) applies to this case.

      Heck, even if I were to type the text out (or write long hand) the copy would *STILL* be public domain, despite involving far more work.

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    21. Re:Technically in the Public Domain But, by Hungus · · Score: 1

      I have answered this elsewhere it fell under the issue of being a collection.

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    22. Re:Technically in the Public Domain But, by Hungus · · Score: 1

      You a lawyer? Judge? Caps lock stuck? I am reporting, you are opining.

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    23. Re:Technically in the Public Domain But, by bgalbrecht · · Score: 1

      Do you have a citation for this? What are the facts of the case? Did the judge explain the ruling? Did the owners of the scans provide the scans under a contract with terms that did not allow republication of the scanned material? There's also such a thing as compilation copyright, so if the defendant copied the entire database instead of one particular document, the ruling may have been that the defendant violated that particular copyright.

      IANAL, but Project Gutenberg's rules for source material, which has been vetted by lawyers but probably never been contested in court, allow contributors to use facsimiles of out of copyright material, even if the facsimile publisher claims copyright. In this case, if the Amazon POD book is a facsimile, I think that someone buying the book would be able to scan it and do whatever they want with the scan.

    24. Re:Technically in the Public Domain But, by Anonymous Coward · · Score: 0

      Case name and cite? If you lost in district court, I don't want to hear it. Show me SCOTUS or COA precedent saying a scan of a public domain book qualifies for a copyright.

    25. Re:Technically in the Public Domain But, by MaerD · · Score: 1

      *sigh* Actually, I'm more being redundant to everyone else who has been citing: Bridgeman vs Corel.

      Also, I have some personal experience working with software that uses the text of a work you may have heard of, the King James Bible.

      It actually is an interesting point because in the US the text is public domain (and therefore scans, etc can be reproduced), while in the UK it falls under crown copyright.

      Now, the lawsuit you mention being involved in (a link providing some information about the case would be helpful here) sounds possible, but unlikely. The text would still have remained public domain, even if the presentation (software) surrounding it was held to be copyrightable.

      --
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    26. Re:Technically in the Public Domain But, by Anonymous Coward · · Score: 0

      >>I suppose further, I could run their scanned work through my own OCR, and since the text itself is not copyrighted, I could then distribute the text.

      >no because you used their work without permission An example of this is taking a photo of a work in the public domain. If it is your photo you can reproduce it and use it all you want. If it is someone else's photo you are SOL if you do not have rights to work with their photo.

      I have never been to Paris, France, yet I can draw a picture of the Eiffel Tower because I have seen it in a picture. Are you saying there is a law that says I can't do this?

      peter

    27. Re:Technically in the Public Domain But, by DerekLyons · · Score: 1

      You can go on and on about how it costs money to create information in whatever form, but as long as it's free to replicate it

      Since it's not free to replicate, I quit reading - because the rest of your comment is obviously bullshit.

    28. Re:Technically in the Public Domain But, by Adrian+Lopez · · Score: 2, Informative

      You may disagree all you want to but you would still be wrong. I was involved in a lawsuit 3 years ago that says otherwise. Scans are considered original works and are copywritable.

      You say here the court ruled that the works in question constituted a copyrighted collection. That doesn't mean the individual scans are protected by copyright, but that the collection itself is so protected. From your own description of the case, your assertion that copying the scans or text of public domain works constitutes copyright infringement remains altogether unsupported.

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    29. Re:Technically in the Public Domain But, by antek9 · · Score: 1

      So you are reporting, yet fail to provide a link, or a proper citation. What now, bad Panda _and_ bad journalism? Besides, if you are 'involved' in cases like that, you should learn how to properly spell 'copyright', should you desire to be taken seriously. Just my two cents.

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    30. Re:Technically in the Public Domain But, by Anonymous Coward · · Score: 0

      Add in the fact that most people don't have a moral problem with copying

      Copying, no - copyright infringement? Well, that's another story.

      I'm curious though: "Most" implies more than half - have you really verified that more than half of the people on the planet have no moral problem with copying? Or are you just spouting that bullshit to rationalize it?

      If you're so certain that it's not a moral problem, then why do you feel the need to make things up to justify it? Why not try speaking for just yourself?

    31. Re:Technically in the Public Domain But, by TheoMurpse · · Score: 1

      So much bullshit. I wish I were not in the middle of studying for the bar: I could write a 50 page paper on how much you should shut up about things you don't understand. And the +5 Informative moderation.

      I wish I could quit you, Slashdot.

    32. Re:Technically in the Public Domain But, by omb · · Score: 1

      No, it would be OK, but you forgot about The __OTIGINALITY__ test so your whole post is __CRAP__, read the law before posting!

    33. Re:Technically in the Public Domain But, by TheoMurpse · · Score: 0, Flamebait

      His citation is that he's an idiot who knows nothing of copyright law. The facts of his care are "I made up everything off the top of my head." You, who straightforwardly disclaims with IANAL, are closer to being a lawyer than this Hungus guy. Were I not in the middle of studying for the bar (starts in five days), I would explain better. No doubt someone else here will, but as there is no response to your post, I'll make a very brief explanation without any links. With my input, though, finding links should be trivial even for a non-lawyer.

      1. things in the public domain, no matter how many copies there are, remain in the public domain
      2. you can copy anything in the public domain with impunity from infringement lawsuits
      3. if someone makes a copy and infuses in that copy some new, even relatively trivial, amount of artistic expression, the copy is copyrightable, but only the added elements, not the original elements
      4. it is very close to 100% likely that "putting a book in a scanner and hitting 'scan'" doesn't count as adding new artistic expression
      5. thus, the copy has no copyright protection
      6. thus, hungus is posting way beyond his pay grade

      Beyond that, because the only newly copyrighted things are the added artistic elements and not the underlying public domain expression, you could look at the images and re-transcribe the original words with impunity.

    34. Re:Technically in the Public Domain But, by omb · · Score: 1

      I have doctorates in mathematics an recht (law).

      And no, I just shout at idiots.

    35. Re:Technically in the Public Domain But, by TheoMurpse · · Score: 1

      Hell, if he lost in district court, I can still pull the decision. I'll publish it for everyone here, judicial decisions being in the public domain and all.

    36. Re:Technically in the Public Domain But, by TheoMurpse · · Score: 1

      like what happens when I write a program, and the compiler output played as audio happens to be a copyrighted song

      It is impossible for a work to infringe if it is independently created.

      Now if you purposefully wrote your program to cause the compiler to play a copyrighted song, I think it's obvious this is just like compressing a song to an MP3.

    37. Re:Technically in the Public Domain But, by Hungus · · Score: 1

      No citations, I am simply relating what happened in the case I was involved with. As I have explained elsewhere:
      Company A scanned a large number of documents (around 60,000 pages if I recall) containing primarily books from the 17th and 18th Century.
      Company B (whom I was affiliated with) acquired a copy of the database.
      Company B said Hey these are all photocopies of public domain texts, we should bind them together and sell them, and did so.
      Company A said Not so fast thats our work and you can't sell those.
      Company B argued like so many people here on slashdot have and said Its all public domain no can haz copyright.
      Company A went to Judge C who said: individual pages are public domain, whole volumes are collections and are protected by copyright.

      If company B had done the photocopying and scanning maybe the judge would have ruled otherwise.

      For all those who claim I don't know anything, and they know everything because of this or that, again I am simply telling people what happened with us and how the judge explained it. Could you do the same thing and not be sued into oblivion? Possibly. The courts are not always right, neither are lawyers. How much money has the SCO debacle cost so far?

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    38. Re:Technically in the Public Domain But, by Anonymous Coward · · Score: 0

      Are you in USA? In USA(AFAIK, IANAL) it is perfectly legal to do it. In UK and most other places it is not. There was even a slashdot story about National Portrait Gallery vs Wikipedia contributor recently

    39. Re:Technically in the Public Domain But, by Hungus · · Score: 1

      I don't keep copies of every suit I have ever been in around, in fact I don't keep any. Further, the guys who got sued would likely not appreciate having their name tossed about again since they are getting on with things and recovering nicely.

      No one converted the texts, it was literally a database containing 60k+ tiffs of photocopies.

      For the record: all I did for the company was extract the pages from the database and order them into volumes.

      If the company had done something like extract the text maybe things would have gone differently, I do not believe the judge said anything about the raw text. He did however rule the volumes of photocopies and the database of images were collections and therefore protected.

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    40. Re:Technically in the Public Domain But, by Eivind · · Score: 1

      It depends on the jurisdiction. Most places require some artistry, creativity, creation to go into a production of something for it to qualify for protection, and a technical reproduction in the form of a full-frame scan of a 2D-document is unlikely to fullfill that criteria.

      It requires *expertise* and it is a lot of *work* to make it, but you're not creatively creating, infact you're doing your darnest to keep the work as close to the original as possible. (i.e to *AVOID* significantly adding or subtracting from the original work)

      Wikipedias position, for example, is that full-frame head-on technical reproductions of 2D works in the public domain are ineligible for copyright, and can freely be uploaded. Offcourse in the end the opinion of judges is what counts, but Wikipedia *has* sought competent legal advice for this position.

    41. Re:Technically in the Public Domain But, by Jurily · · Score: 1

      I'm curious though: "Most" implies more than half - have you really verified that more than half of the people on the planet have no moral problem with copying? Or are you just spouting that bullshit to rationalize it?

      http://tech.slashdot.org/article.pl?sid=09/01/29/0810250

      Please read the discussion as well.

    42. Re:Technically in the Public Domain But, by PitaBred · · Score: 1

      Just because it is in the public domain, does not mean the public has a free right to it

      Actually, that's exactly what it means. I don't care who does the packaging of a public domain work... that does not confer the copyright, and therefore control of COPYING that, to them. A CD is a completely different issue... it's still under copyright. And music performance is transformative... if it's a new performance of old work, it has a new copyright. But Edison's "Watson, come here, I need you" is not under copyright, and anyone who has a recording cannot legally do anything to prevent copying of it if they let anyone else have it. The court ruling was that the "packaging" was something that didn't change the actual work enough to make it newly copyrightable.

    43. Re:Technically in the Public Domain But, by skeeto · · Score: 1

      This is exactly what happened with the National Portrait Gallery in the UK. They have old paintings, and don't allow any photography whatsoever in the museum. They made their own careful, high-res photography copies and put them on their website claiming copyright. Wikipedia used the images as public domain. The NPG wasn't happy about this and started hassling Wikipedia and its users.

      The thing is, Wikipedia is right: copies of public domain works are in the public domain in the US, which the NPG acknowledges too. It's probably public domain in the UK too, but this hasn't been sorted out yet. Their argument, instead, is that the user circumvented some alleged copy restriction system they put in place, which is a DMCA issue.

      So, in the US at least, those scans of the books would not be under and kind of copyright, as there was no creative input. Hard work doesn't mean copyright. I'm no lawyer, but I bet the text of the OCR probably wouldn't be under copyright either.

      Despite all this, it doesn't mean the owner of the physical work won't harass you with copyfraud though, like NPG is doing.

      And as more and more public domain items come into the light, there will be more and more "stake holders" trying to protect their cash cows.

      If it comes to that, I bet either we see copyright laws change to increase it to the scope of copies of public domain works, or there will be draconian DRM over it so that making your own copies breaks the anti-circumvention parts of the DMCA.

    44. Re:Technically in the Public Domain But, by MaerD · · Score: 1

      So it did hinge on the presentation being allowed copyright as a collection.

      It also sounds like it would have gone differently if the volumes had been published as individual works instead of, as it sounds, continuing to be a single collected volume.

      Also, here we are dealing with an individual work being reproduced into an electronic form, which falls much closer to the Bridgeman case. For instance, if they physcially publish the work, you would still be able to take the text, minus any original work they did (like a foreward by Bezos, as an example), scan it and publish your own copy.

      --
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    45. Re:Technically in the Public Domain But, by SETIGuy · · Score: 1

      I am curious about the right to copy a rare public-domain book. Let's say someone owns the only copy of a book. They do not allow anyone else to scan it. But, they do scan it themselves.

      Do they own the "scan". Can they copyright that?

      yes

      They can put a copyright on the scanned version, but that doesn't mean that the copyright is valid. Is there any case law that says scanning a book is a creative process worthy of copyright protection?

      Could they sue me for copying their scanned version?

      Yes

      They can sue, but they might lose, which would prove that the copyright is invalid.

      Suppose they ran it through some OCR. Then they changed the layout but not the text. Now could they use that as a basis from stopping me from copying it? It's their font/layout configuration after all.

      Yes

      I suppose further, I could run their scanned work through my own OCR, and since the text itself is not copyrighted, I could then distribute the text.

      no because you used their work without permission An example of this is taking a photo of a work in the public domain. If it is your photo you can reproduce it and use it all you want. If it is someone else's photo you are SOL if you do not have rights to work with their photo.

      I highly doubt that. They do not own a copyright on the textual content of the work. How you obtain that textual content is irrelevant to whether you can use it. In your example (a picture of a public domain work) the picture is not and does not contain the public domain work. In the case of a scan, it does, in fact contain all of the public domain work. For example, you can't change the frame on the Mona Lisa and claim that nobody can take a picture of it because you own copyright on the frame/picture combination. You might, however, be able to require that people remove the frame from any pictures they take of it.

      Sounds silly and convoluted, but this is the kind of argument we can expect to see as information becomes easy to control and manipulate. And as more and more public domain items come into the light, there will be more and more "stake holders" trying to protect their cash cows.

      you could however do it anyways and then they would have to prove that you used their copies to create your work. the problem is if it is a one of a kind and they can show you had access to it once again you are SOL.

    46. Re:Technically in the Public Domain But, by SETIGuy · · Score: 1

      I have answered this elsewhere it fell under the issue of being a collection.

      Which means it would not apply to a book, since a book is not a collection. It might apply to a collection of books, but as long as you don't reproduce the entire collection in the same order and format you're OK.

    47. Re:Technically in the Public Domain But, by SETIGuy · · Score: 1

      I don't think, in this case, a new notion of a contingent copyright makes sense: it isn't necesasry. But I do thing a license on otherwise non-copywritable works does. EULAs, in principle, are not bad things, just because the historic pattern has been for them to be (a) draconian, and (b) shrinkwrapped (which, IMHO, makes them unenforceable, but IANAL).

      Such a license is only enforcable on the person who agreed to it. So A buys the book, agrees to the license, and loans it to B or gives it to B as a gift. B is under no obligation to agree to the license. B doesn't even have to read the license, unless the book can't be opened without agreeing to it. That would be a physically difficult mechanism to build.

    48. Re:Technically in the Public Domain But, by Hungus · · Score: 1

      And yet the judge said it did

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    49. Re:Technically in the Public Domain But, by Hungus · · Score: 1

      You do it and get a judge to rule on it. The company I was affiliated with tried and failed. Right or wrong, the judge said the opposite of what you are saying. As a small non-profit they did not have the money to continue the appeal process.

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  7. Why would the authors' guild care? by Jafafa+Hots · · Score: 2, Informative

    They can't sell reprints unless they are public domain. How many people who published works before 1929 are still alive?

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  8. Rare Florence Nightingale book by Anonymous Coward · · Score: 0

    rare Florence Nightingale book on Nursing which normally sells for thousands due to its rarity.

    As it will continue to sell for thousands due to its continued rarity, but you'll be able to get a cheaper new edition.

    1. Re:Rare Florence Nightingale book by Jeremy+Erwin · · Score: 1

      Notes on Nursing is a bad example. I'm pretty sure that it's been in print continuously since the 19th century.

  9. Tried and True by cdrguru · · Score: 1

    A huge problem today is anything that is from the past and successful is viewed as valuable. New stuff? Not so much.

    Part of the problem is that there are actually few books today that are worth much. Authoring a book is hard. Authoring a good book is much, much harder and actually requires skill. So an accepted marketing technique is to reclaim something from the past that has quality and reissue it. Which is what is going on here. It is like a remake of a 1940s classic movie, only without the bad special effects that would be added. Imagine a remake of Casablanca with new digital special effects.

    I would certainly agree that it would be nice if these books were available for the Kindle at $1 or less. Yes, scanning and proofing is hard work. But it is nothing compared to actually writing a successful book.

    1. Re:Tried and True by cashman73 · · Score: 0, Flamebait

      Wonderful! So that means that Ann Coulter's and Rush Limbaugh's books -- I mean, drivel -- is likely to become immensely popular in about 100 years, after they've all died! So we'll have a whole new breed of conservatives in the 22nd century combing the amazing wisdom of Rush, the Great Philosopher! He'll become like, the next Socrates, or something. I guess I need to find some Hemlock,... ;-)

    2. Re:Tried and True by twidarkling · · Score: 1

      Imagine a remake of Casablanca with new digital special effects.

      It's called Barb Wire. http://www.thatguywiththeglasses.com/videolinks/thatguywiththeglasses/nostalgia-critic/9527-barbwire

      --
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    3. Re:Tried and True by the+phantom · · Score: 3, Insightful

      Part of the problem is that there are actually few books today that are worth much.

      This is not a problem of old==good and new==bad. Start from the assumption that 95% of everything is crap. 95% of the books that were written 400 years ago were crap. However, only the good ones have survived. This gives the impression that older stuff is better, but this is a mistaken impression.

      On the other hand, much of the good and valuable stuff from the past is very hard to get ahold of. There are people that would really love to have a copy of Addington's guide to illustrating flaked stone artifacts, but they are difficult to find, as the book has been out of print for years (and is not into the public domain to boot), and those of us that own copies of the book are not likely to give them up. If Amazon wants to get the rights to the book and print off copies on demand, I would be happy to pay them for the service. As I see it, Amazon is attempting to fill a niche. Sure, they make money off of it, but I don't see it as a simple marketing ploy designed to capitalize off of nostalgia for the past.

    4. Re:Tried and True by jd2112 · · Score: 1

      Imagine a remake of Casablanca with new digital special effects.

      DIE HEATHEN!!! How DARE you even sugguest making a remake of Casablanca!

      --
      Any insufficiently advanced magic is indistinguishable from technology.
    5. Re:Tried and True by Waffle+Iron · · Score: 1

      . Imagine a remake of Casablanca with new digital special effects.

      Let's see... Maybe Sam gets remastered as a 3-eyed amphibious alien who plays his piano with 28 articulated tentacles.

      It could work.

  10. Re:Why would the authors' guild care? by eldavojohn · · Score: 2, Informative

    They can't sell reprints unless they are public domain. How many people who published works before 1929 are still alive?

    Not all of these books are in the public domain. While I do not have a list of them, the article said only some of them are in the public domain. There are plenty of non-public domain books that are no longer in print and difficult if not impossible to get a hold of even if you have money to pay for them. That was why Google paid the Authors Guild and publishers $125 million (see the article I linked that is related to this story).

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  11. *Poof!* by Kenshin · · Score: 1

    Out of print? That probably doesn't mean out of copyright.

    Better hope no one torpedoes whatever you purchase, or you may awake one morning to your e-book gone and a feeble "Sorry!" note from Amazon in your inbox.

    --

    Does it make you happy you're so strange?

    1. Re:*Poof!* by twidarkling · · Score: 1

      Nope, out of print is not equivalent to ooc. Google will be offering those books for free, directly from their Google Book Search service, I believe.

      --
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    2. Re:*Poof!* by Asic+Eng · · Score: 1

      According to TFA: 400,000 rare, out-of-print and out-of-copyright books.

  12. Totally Not Cool by ticklemeozmo · · Score: 1

    I'm going to be wickedly pissed if all my hard re-CATPCHA work was all so they could sell a book.

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  13. I don't have a problem as long as... by CaptainPatent · · Score: 1

    You know, I really don't have a problem with this as long as Google doesn't mind if someone takes one of their books, copies it straight out of the book and distributes it also. Regardless if it's more expensive, less expensive, free, etc. Google needs to remember that they do not own this public domain information and they are only a intermediary making this information more available. If they're ok with playing that role then more power to them.

    If they ever lift a finger to say that someone "copied" their work though, I would love to donate to the lawsuit against them.

    --
    Well, back to rejecting software patent applications.
    1. Re:I don't have a problem as long as... by Anonymous Coward · · Score: 1, Insightful

      I've seen the idea of buying and then copying and republishing, but is this really a risk for Google/Amazon? For simplicity, let's assume that the individual copying the book can type 100 words a minute, and that there are 1000 words per page, then for a 500 page book, you are looking at 5000 minutes or about 2 work weeks worth of effort for one book. Even at minimum wage, you are looking at $500/per book and likely to have a higher error rate than the Google/Amazon version. To break even then, he/she must resell something on the order of 40-80 ebook copies. Even on a volunteer basis, you'd have to distribute 40-80 ebook copies to make it worthwhile, and this is as a marginal player rather than an industry leader. I suspect that some of the reprints will sell well, with a good number being ones that Amazon/Google would be happy to sell 100 of. Actually where the two will reap in profits is if they can convince universities to order on demand books rather than inter-library loan. Think about it, libraries can pay shipping for a requested book or buy their own on-demand edition and get one to keep for probably 3x more (2x if they set up an on-demand printer in libraries). Actually if Journals picked up on that, you could end up printing your own physical journal on site and have them nicely bound to start rather than rebinding multiple issues.

  14. Already done by Anonymous Coward · · Score: 2, Informative

    This has already been done. There are several websites which do the same thing - reprint public domain content on the fly:

    http://bibliolife.com/
    http://www.kessinger.net/
    http://www.publicdomainreprints.org

    Interesting enough, BiblioLife was founded by the same people who founded BookSurge.

  15. For how long? by clarkn0va · · Score: 1

    I haven't RTA yet, are they saying how long until they take them back again?

    --
    I am literally 3000 tokens away from the chaotic crossbow --Stephen
  16. amazon sells many e-books that are free by Anonymous Coward · · Score: 0

    I discovered that amazon sells many books that you can get for free from the publishers website, so I fully expect amazon to sell all the books that google scans (after all, since they are available for free, the cost to amazon is just the cost to make the entry in their database and upload the electronic version)

    they are allowed to do this, just like we will be allowed to give them away for free, amazon is allowed to charge people to get the books.

    people who are willing to spend a little time can shop around and find it for free.

  17. They're not e-books... by argent · · Score: 1

    Amazon Surge prints softcover PAPER books, not e-books.

  18. Amazon To Offer 400,000 OOP Books by ArhcAngel · · Score: 2, Funny

    and subsequently delete them.

    --
    "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
  19. DRM Question by MarkvW · · Score: 2, Interesting

    The law makes DRM-cracking illegal. Does that mean that publishers can slap DRM on a public domain book (lapsed copyright or otherwise), and thereby for all practical purposes extend the copyright?

    1. Re:DRM Question by Nerdfest · · Score: 1

      Not a problem. Crack the DRM in a more reasonable country.

    2. Re:DRM Question by Anonymous Coward · · Score: 0

      Section 1201 of the DMCA:

      "(a) VIOLATIONS REGARDING CIRCUMVENTION OF TECHNOLOGICAL MEASURES- (1)(A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title."

      So, IANAL, but my understanding is that it's only illegal to crack DRM if it's protecting a copyrighted work.

    3. Re:DRM Question by the_weasel · · Score: 1

      Not a problem. Crack the DRM in a more reasonable country.

      Such a typical programmer/geek response. It's still a problem - you just found a workaround. Doesn't mean it doesn't need to be fixed :-)

      --
      - sarcasm is just one more service we offer -
    4. Re:DRM Question by tepples · · Score: 1

      Not a problem. Crack the DRM in a more reasonable country.

      Then how does one cover the cost of taking residence in a country? As I understand it, most people need to be sponsored by an employer in order to apply for permanent residency in most developed countries.

    5. Re:DRM Question by Anonymous Coward · · Score: 0

      Nope. Simply have someone in a progressive country without a DMCA-equivalent strip it off and distribute it. Now there's no DRM to circumvent, and the text is public domain.

    6. Re:DRM Question by rdnetto · · Score: 1

      No person shall circumvent a technological measure that effectively controls access to a work protected under this title."

      Wait, that does mean that it's OK to crack it if it isn't effective?

      --
      Most human behaviour can be explained in terms of identity.
    7. Re:DRM Question by Petrushka · · Score: 1

      Nope. Simply have someone in a progressive country without a DMCA-equivalent strip it off

      Inducing a foreigner to do it for you still sounds pretty much exactly like circumvention. I think you need a stronger defence! Of course, if you could prove that they did it without your inducement ... but even then it would depend on where the burden of proof lies ...

    8. Re:DRM Question by Kjella · · Score: 1

      "(a) VIOLATIONS REGARDING CIRCUMVENTION OF TECHNOLOGICAL MEASURES- (1)(A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title."
      So, IANAL, but my understanding is that it's only illegal to crack DRM if it's protecting a copyrighted work.

      Yes, as long as you use only pixie dust and don't violate:

      (b) Additional Violations.
      (1) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that
      (A) is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof;

      Basicly all the tools are illegal as long as at least one work (or part thereof) is still protected by copyright, i.e. forever.

      --
      Live today, because you never know what tomorrow brings
  20. Public Domain != Non-commercial by ZackSchil · · Score: 2, Insightful

    I suppose since Amazon and Google are taking the time to scan, clean up, edit, typeset, and republish these books, they should feel free to sell them like they'd sell it like any publisher can with other public domain works. The fact that the books are rare doesn't change the situation legally. If someone wanted to buy the restored Amazon/Google reprint of a rare public domain book, scan it, run it through OCR, remove the formatting, and give it away for free, they could. If someone else then took that text and printed it out into a book and sold it, they could do that too.

    1. Re:Public Domain != Non-commercial by wrappingpaper · · Score: 1

      Google/Amazon might be issuing facsimile copies, esp. in the case of the very old texts. Facsimile copies, despite what people think about them, can be quite good when the reproductions are from the original plates (almost every large publishing house does this with reissues).

      Re-setting, even with automatable tools such as LaTeX, is not trivial and requires case-by-case attention. And anyway, it opens up the copyright worm can, since it is the very definition of the phrase "typographical arrangement" so often encountered in discussions of copyright.

  21. Brilliant! by riboch · · Score: 1

    This could be amazing, almost like an iTunes for books. One person "rips" the book (what a bad phrase), then decentralized distribution. This could significantly reduce the price of things such as Textbooks.

    --
    GO BLUE!
    1. Re:Brilliant! by riboch · · Score: 1

      ... if copyright holders also okay this route of publication.

      --
      GO BLUE!
    2. Re:Brilliant! by Jeremy+Erwin · · Score: 1

      One person "rips" the book (what a bad phrase)

      Ever hear of shotgun sequencing? Shred the book, scan all the shreds, and have a computer reassemble.

  22. DAMN YOU SLASHDOT! by twidarkling · · Score: 0, Offtopic

    I was writing an essay on Google Book Search's library project, and it was due YESTERDAY. And today you drop this on me? You couldn't have dropped this yesterday? A little time travel? Just for me? Ugh.

    --
    Canada: The US's more awesome sibling.
  23. OOP? by Anonymous Coward · · Score: 0

    i read the RSS feed in firefox & wondered for a few seconds, "wow there's 400,000 Object Oriented Programming books out there!!!"

    realized what it meant when i opened the link....

    1. Re:OOP? by Anonymous Coward · · Score: 0

      "Wow, you're late to the party and didn't read *any* of the previous posters comments! You deserve to be modded -1 Redundant."

  24. not a new thing by Rogue+Haggis+Landing · · Score: 3, Insightful

    Other companies have been in the facsimile/reprint business for a while. The best known (at least in the U.S.) is probably Dover Press, but there are others. What makes it interesting is that this is Amazon doing the publishing, meaning that there will be an order of magnitude more titles available than what places like Dover can manage.

    My partner has ordered a few facsimile reprints of 17th century theological and philosophical works from Kessinger Publishing, works she wasn't able to get anywhere else. They're just poor facsimiles, almost photocopies, of old works, but even then manage to work in a little incompetence. Their printing of Sir Kenelm Digby's Of Bodies and of Man's Soul to Discover the Immortality of Reasonable Souls has on its cover (and as the title on the Amazon page!) one of the best editorial screw-ups ever.

    1. Re:not a new thing by wrappingpaper · · Score: 1

      Well, all the Dover books I own are English translations of foreign scientific books, and are quite good (obviously they would be setting these themselves). The real problem lies with the firms which do nothing except reprint PD facsimiles (the ones like Bibliolife). It is almost as though they are selecting books solely on their title, since the reproductions are quite poor. In fact they admit in some texts that even the scans were not done by them, so they probably are in it for the razor thin profit margin.

  25. *smack* by Tetsujin · · Score: 1

    Oh, I disagree!

    They own the scan. They made it. But, I disagree that the scan is copywritable.

    Gonna take a moment to smack you up-side the head.

    *smack*

    To describe something as "copywritable" is somewhat meaningless, of course - but to the extent it has any meaning at all, it would have the opposite meaning of copyright... Something "copywritable" would, presumably, be something you can copy. "Copyright" means that someone controls the right to copy something...

    --
    Bow-ties are cool.
    1. Re:*smack* by Rene+S.+Hollan · · Score: 1

      Copywritable, adj: able to be protected under copywrite.

      Something you can copy would be copyable.

      Similarly, something you can copywrite would be copywritable.

      Make sense now?

      --
      In Liberty, Rene
    2. Re:*smack* by antek9 · · Score: 1

      No, makes no sense at all. Which implementation of the English language would that be? Please define 'copywrite'. Writing a copy, as in advertising? When you are making smart-assed comments, don't leave out the smart part. ;)

      --
      A World in a Grain of Sand / Heaven in a Wild Flower,
      Infinity in the Palm of your Hand / And Eternity in an Hour.
    3. Re:*smack* by Rene+S.+Hollan · · Score: 1

      Crap. You should have dissed me for a spelling error.

      In any case, the intent should have been clear, given the contest.

      Should have been "copyrightable" instead of "copywritable".

      --
      In Liberty, Rene
    4. Re:*smack* by Anonymous Coward · · Score: 0

      In any case, the intent should have been clear, given the contest.

      That'd be "context", Sparky, not "contest".

      There, is that better?

    5. Re:*smack* by Rene+S.+Hollan · · Score: 1

      Much! :-)

      --
      In Liberty, Rene
  26. Re:Technically in the Public Domain Butt by Tetsujin · · Score: 1

    IANAL

    So does your mom.

    --
    Bow-ties are cool.
  27. Re:Technically in the Public Domain Butt by Anonymous Coward · · Score: 0

    So does your mom. And I have the scans.

  28. Juris-whose-diction? by tepples · · Score: 3, Informative

    Do they own the "scan". Can they copyright that?

    yes

    Under what law in what jurisdiction? In the United States, Bridgeman v. Corel excludes photocopies of an uncopyrighted work from copyright because they lack originality.

    1. Re:Juris-whose-diction? by Hungus · · Score: 1

      Try reading the case all the way through and commenting again.
      for example:
      For example, a recipe is a process, and not copyrightable, but the words used to describe it are; see Publications International v Meredith Corp. (1996).[2] Therefore, you can rewrite a recipe in your own words and publish it without infringing copyrights. But if you rewrote every recipe from a particular cookbook, you might still be found to have infringed the author's copyright in the choice of recipes and their "coordination" and "presentation", even if you used different words, though the West decisions below suggest that this is unlikely unless there is some significant creativity in the presentation.

      --
      Bad Panda! No Bamboo for you! In matters of importance ACs will not be responded to. Want to say something critical,OK
    2. Re:Juris-whose-diction? by rnelsonee · · Score: 1

      That's a photocopy, not a scan that we're talking about here, where the content may be presented differently. Apparently that decision only affects exact copies as
      "There has been no independent creation, no distinguishable variation from pre-existing works, nothing recognizably the author's own contribution"

    3. Re:Juris-whose-diction? by truesaer · · Score: 1

      Isn't a scan just a photocopy that hasn't yet been printed?

  29. NO SALE by Anonymous Coward · · Score: 0

    sorry too expensive for old things

  30. Juris-whose-diction? by tepples · · Score: 2, Informative

    I was involved a few years ago with a rather stupid lawsuit where a publisher got ahold of a database containing tens of thousands of scanned pages of documents well into the public domain. (original documents were from the 17th and 18th century) They argued that they could publish the documents as they were in the public domain. The Owner of the scans argued that they were reproducing copyrighted work. The courts agreed with the owners of the original scans.

    The United States has a 1991 Supreme Court case to the contrary: Feist Publications v. Rural Telephone Service . Which country are you talking about?

  31. Re:Technically in the Public Domain Butt by antek9 · · Score: 1

    And I hastily scanned both your moms, was dissatisfied with the results (too many earmarks, features unreadable, all yellow and faded), and ordered fresh copies. Still no answer from the copyright holders, though.

    --
    A World in a Grain of Sand / Heaven in a Wild Flower,
    Infinity in the Palm of your Hand / And Eternity in an Hour.
  32. Re:Public domain trampled on again, __NOT__ by omb · · Score: 2, Interesting

    Sometimes the CRAP here is amazing:

    1. Google is scanning the books, which makes it much less likely they will be lost

    2. Someone, probably Google, will index all the books, so we can find them, IN PRINT or not.

    3. Amazon will print, on demand, at a very reasonable price,

    Please, dip-shit, tell me what is wrong with that, you clearly have not waited for an "inter-lending library lending system" to find a copy of a book you want to read. It took >3 years to get the UK copyright libraries to produce AE van Volgt and Smith's Lensmen books, because they were fiction and thus "not serious".

    Personally I can not wait for google to create a new "Library of Alexandria" within which we can download books for 0 or a micro-transaction fee.

    Publishers begin to understand this, and typically, want to stop it, tough luck.

    Finally I subscribe to a number of pay for view sites (eg LWN.NET) which offer excellent value. and I would certainly subscribe to a good book/indexing service, commercial or otherwise.

  33. Dummy by omb · · Score: 1

    I conclude, from your writings, that you are a complete idiot, your are paying for someone to do scanning/indexing and then, to print the book on paper, and ship it to you.

    Otherwise do your own research and copy the book by hand.

    Otherwise STFU.

  34. It's about making money, and stealing from authors by Anonymous Coward · · Score: 0

    the point is not "oooh out of print books become available". Most books are out of print. There's a 2006 Michio Kaku title i can't get cos it's already out of print. The issue is, if i buy his book through Google/Amazon's scheme, will Michio Kaku make a cent from it? his ideas, his blood sweat and tears.

  35. "A Tale Of Two Cities copyright 2003" by Anonymous Coward · · Score: 0

    Yes, you WILL see that. Even on the US edition.

    They change a couple of words (may not even do that anymore) and yet still call it the Charles Dickens' A Tale of Two Cities. And get the full 90 year copyright on it.

    When the copyright lasted 14 years, this wasn't much of a problem, but with a copyright of 90 years,all you have to do is wait until the original copies are nonexistent then you can own the public domain work.

    Copyright on first print can last 10 years. Reprints 5.

    And works MUST be made available in a transformative version. Binary programs: source code available. DRM'd products cannot have copyright at all. Compressed works must be decompressible without restricted computation.

    After all, just because the source code is visible doesn't mean your source code can be taken in breech of copyright.

  36. Undoubtedly, the only possible answer... by castironpigeon · · Score: 1

    In Soviet America, public domain copyrights YOU!

    --
    mmmm...forbidden donut
  37. IMO by jandersen · · Score: 1

    All out of print books in the public domain should automatically be scanned and made available CHEAPLY for the public (and probably BY the public as well, ie. by the state); the price should only cover the actual cost of scanning and storing - and for printed version, the print costs.

    And, I think books in general should either be kept in print or go into the public domain after 5 years.

  38. That's pretty cool by Muad'Dave · · Score: 1

    I just recently picked up a 1906 edition of this book on Electricity and Magnetism. Having a scanned version available in no way diminishes the value of my hardback copy - in fact, it allows me to read passages that might otherwise be obscured by schmootz.

    --
    Tiller's Rule: Never use a word in written form that you've only heard and never read. You will end up looking foolish.
  39. Theses by uwes98 · · Score: 1

    The University of Michigan Press is the repository of PhD theses from all over, including mine. As part of the class-action suit Google is getting permission -- one author at a time -- to scan all these theses, which are OOP but not public domain. I wonder if any of them are included in the 400k claimed in the story.

  40. What about the Quality? by Ankh · · Score: 1

    The quality of scans from Google Books seems very low to me; much lower than I'd use on my own Web site, http://www.fromoldbooks.org/ - it's not uncommon for pages to be missed, and in one 19th century mechanics textbook I was looking at, the low scan resolution meant that most of the line drawings and diagrams vanished entirely.

    It's obvious to me that the Google work will need to be done again by people who care about the content. Note, by the way, that most flat-bed scanners destroy the binding of books, although some people are now using e.g. a Canon 5D full-frame-sensor SLR camera instead. For illustrations, some simple mathematics (and experience) shows 600dpi to be an absolute minimum for a scan of an engraving, with fine steel engravings needing at least 1200dpi (I used 2400) in order to prevent the lines from being aliased into a blotchy gray. This is much higher than the Canon SLR gives, but Betterlight have a 500 megapixel backend to a medium-format professional camera that would give enough resolution for a good digital fac simile, and e.g. the University of Wisconsin uses that sort of equipment. But it's much slower and hence more costly, and the files are huge.

    Here's a fragment of text from a Google book I've been working with:

            ALLEN ^Anthony), an English lawyer and antiquaiy,
            was born at Great Hadbam in Hertfordshire, about the end
            of the seventeenth century, and was edu<?^ted at ffton;
            whence he went to King's college, Cambridge, and took
            his bachelor's degree in 1707, and his master's in 1711.
            He afterwards studied law, was ciiJI^d.to' the bar, and bjr
            the influence of Arthur OnsloW^ speaker of the house of
            commons, became a roaster in chancery. His reputation
            as a lawyer was inconsiderable, Jbiut he was Esteemed a good
            classical scholar, and a man of Wit: and -convivial habits.

    The version I have at http://words.fromoldbooks.org/Chalmers-Biography/a/allen-anthony.html (I am still working on these) is based on scanning done at the University of Toronto, combined with four other digitisations, including two apparently independent ones by Google, both of the quality demonstrated here.

    It might turn out that it would have been less work to have scanned this 32-volume encyclopedia myself (I have a copy) and so the OCR with commercial software that works 1,000 times better than Google's, but, for reprints, the important thing is the quality of the scanned images, not the OCR - and there too, the Google scans are really sucky.

    --
    Live barefoot!
    free engravings/woodcuts