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Ursula Le Guin's Petition Against Google Books

Miracle Jones blogs about the petition against the Google Book Settlement created by science fiction writer Ursula Le Guin, winner of five Hugo awards and six Nebulas. Le Guin is urging professional writers who are opposed to the terms of the settlement to sign her online petition before the January 28th deadline. From the petition: "The free and open dissemination of information and of literature, as it exists in our Public Libraries, can and should exist in the electronic media. All authors hope for that. But we cannot have free and open dissemination of information and literature unless the use of written material continues to be controlled by those who write it or own legitimate right in it. We urge our government and our courts to allow no corporation to circumvent copyright law or dictate the terms of that control."

473 comments

  1. Your official guide to the Jigaboo presidency by Anonymous Coward · · Score: 0, Funny

    Congratulations on your purchase of a brand new nigger! If handled properly, your apeman will give years of valuable, if reluctant, service.

    INSTALLING YOUR NIGGER.
    You should install your nigger differently according to whether you have purchased the field or house model. Field niggers work best in a serial configuration, i.e. chained together. Chain your nigger to another nigger immediately after unpacking it, and don't even think about taking that chain off, ever. Many niggers start singing as soon as you put a chain on them. This habit can usually be thrashed out of them if nipped in the bud. House niggers work best as standalone units, but should be hobbled or hamstrung to prevent attempts at escape. At this stage, your nigger can also be given a name. Most owners use the same names over and over, since niggers become confused by too much data. Rufus, Rastus, Remus, Toby, Carslisle, Carlton, Hey-You!-Yes-you!, Yeller, Blackstar, and Sambo are all effective names for your new buck nigger. If your nigger is a ho, it should be called Latrelle, L'Tanya, or Jemima. Some owners call their nigger hoes Latrine for a joke. Pearl, Blossom, and Ivory are also righteous names for nigger hoes. These names go straight over your nigger's head, by the way.

    CONFIGURING YOUR NIGGER
    Owing to a design error, your nigger comes equipped with a tongue and vocal chords. Most niggers can master only a few basic human phrases with this apparatus - "muh dick" being the most popular. However, others make barking, yelping, yapping noises and appear to be in some pain, so you should probably call a vet and have him remove your nigger's tongue. Once de-tongued your nigger will be a lot happier - at least, you won't hear it complaining anywhere near as much. Niggers have nothing interesting to say, anyway. Many owners also castrate their niggers for health reasons (yours, mine, and that of women, not the nigger's). This is strongly recommended, and frankly, it's a mystery why this is not done on the boat

    HOUSING YOUR NIGGER.
    Your nigger can be accommodated in cages with stout iron bars. Make sure, however, that the bars are wide enough to push pieces of nigger food through. The rule of thumb is, four niggers per square yard of cage. So a fifteen foot by thirty foot nigger cage can accommodate two hundred niggers. You can site a nigger cage anywhere, even on soft ground. Don't worry about your nigger fashioning makeshift shovels out of odd pieces of wood and digging an escape tunnel under the bars of the cage. Niggers never invented the shovel before and they're not about to now. In any case, your nigger is certainly too lazy to attempt escape. As long as the free food holds out, your nigger is living better than it did in Africa, so it will stay put. Buck niggers and hoe niggers can be safely accommodated in the same cage, as bucks never attempt sex with black hoes.

    FEEDING YOUR NIGGER.
    Your Nigger likes fried chicken, corn bread, and watermelon. You should therefore give it none of these things because its lazy ass almost certainly doesn't deserve it. Instead, feed it on porridge with salt, and creek water. Your nigger will supplement its diet with whatever it finds in the fields, other niggers, etc. Experienced nigger owners sometimes push watermelon slices through the bars of the nigger cage at the end of the day as a treat, but only if all niggers have worked well and nothing has been stolen that day. Mike of the Old Ranch Plantation reports that this last one is a killer, since all niggers steal something almost every single day of their lives. He reports he doesn't have to spend much on free watermelon for his niggers as a result. You should never allow your nigger meal breaks while at work, since if it stops work for more than ten minutes it will need to be retrained. You would be surprised how long it takes to teach a nigger to pick cotton. You really would. Coffee beans? Don't ask. You have no idea.

    MAKING YOUR NIGGER WORK.
    Niggers are very, very averse to work of any kind. The nigger's most

    1. Re:Your official guide to the Jigaboo presidency by easyTree · · Score: 1

      Yay, someone else benefits from my inability to stab them in the face over the internet.

    2. Re:Your official guide to the Jigaboo presidency by Anonymous Coward · · Score: 0

      ROTFLMAO!! That is, without a doubt, the funniest troll I've ever read on Slashdot! Good on you, even if you are going to get moded into oblivion.

  2. Which corporations does Le Guin mean? by onionman · · Score: 3, Insightful

    "But we cannot have free and open dissemination of information and literature unless the use of written material continues to be controlled by those who write it or own legitimate right in it. We urge our government and our courts to allow no corporation to circumvent copyright law or dictate the terms of that control."

    So, which corporation is more evil when it comes to copyright: Disney or Google? Seems to me that Le Guin is in effect supporting the Disney model.

    1. Re:Which corporations does Le Guin mean? by Cruciform · · Score: 4, Informative

      No, she's saying that while copyright on the document is in effect that no corporation shall infringe upon that copyright.

      Disney wants "copyright == infinity".

    2. Re:Which corporations does Le Guin mean? by Anonymous Coward · · Score: 5, Insightful

      No, she's saying the authors should have control over their work, or whoever they sell those rights to.

      I don't have any problem with that. I think the Google deal is a bad one for everyone because A) why should Google have special privileges? Why can't anyone else get the same terms? And B) it doesn't focus on the real problem: indefinite extension of copyright terms and the illegality of DRM circumvention even if the activity would otherwise be legal.

      Copyright law is broken. It needs to be fixed, not fiddled with to Google's advantage only.

    3. Re:Which corporations does Le Guin mean? by Geoffrey.landis · · Score: 5, Insightful

      So, which corporation is more evil when it comes to copyright: Disney or Google? Seems to me that Le Guin is in effect supporting the Disney model.

      No.

      She's saying that, during the term of a copyright, a corporation should have to actually get permission from the copyright holder to use a writer's work.

      The google-model is opt-out-- "unless you specifically contact us and tell us not to, we now have your implied permission to use your work."

      I'm not real happy with opt-out models, myself.

      --
      http://www.geoffreylandis.com
    4. Re:Which corporations does Le Guin mean? by Cruciform · · Score: 1

      The United States Department of Justice agrees, having declared that Google should negotiate individually with copyright holders. The Director of the United States Copyright Office calls the Settlement “an end-run around copyright law.”

      Exactly. And that's the magic right there.
      No claim of extending copyright. Just fair treatment of copyright holders without special exemption for corporations... Google operates for a profit. Your local library does not.

    5. Re:Which corporations does Le Guin mean? by bth · · Score: 3, Informative

      Her copyright on her work in the US already exists for her lifetime. According to http://en.wikipedia.org/wiki/Sonny_Bono_Copyright_Term_Extension_Act, US copyright law already exists for the "life of the author plus 70 years ...".

    6. Re:Which corporations does Le Guin mean? by beadfulthings · · Score: 1

      Wish I had some mod points. What you say makes a lot of sense.

      --
      "Here's what's happening. You're starting to drive like your Dad..." - Red Green
    7. Re:Which corporations does Le Guin mean? by Anonymous Coward · · Score: 0

      It sounds like Ursula Le Guin wants copyright to exist for her entire lifetime. Control of "her work" in perpetuity.

      So, you're claiming that she's immortal?

      Your nick is truly accurate.

    8. Re:Which corporations does Le Guin mean? by RDW · · Score: 5, Informative

      Le Guin does not in fact support the 'Disney model', e.g. here:

      http://www.ursulakleguin.com/Copyright.html

      she describes the Sonny Bono act as "the recent excessive extension of copyright term by the U.S.A, which has imperilled the international copyright system". She just doesn't want to be screwed over by Google in a land grab deal negotiated by an 'Authors Guild' that doesn't represent her.

    9. Re:Which corporations does Le Guin mean? by MrHanky · · Score: 1

      That's how copyright works and has worked throughout modern time. What's wrong with lifetime anyway? Better that than to sign away the movie rights to Disney for free after an arbitrary length of time, which would in effect give them control of the work.

    10. Re:Which corporations does Le Guin mean? by MrHanky · · Score: 1

      I already answered that. How about spending 20 seconds reading a comment instead of just five?

    11. Re:Which corporations does Le Guin mean? by jedidiah · · Score: 2, Informative

      How about actually not spreading obvious bullshit.

      The notion that a copyright should last for the entire life of an author is a very new thing. It's only due to relatively recent (within a generation) changes in the law that works are automatically under copyright, don't require registration, don't require renewal and don't EXPIRE within a generation.

      While a 5 year term is extreme, it is infact more consistent with modern copyright law then the perpetual extensions that happen now.

      What I find peculiar about Miss Hugo is the fact that she talks up libraries while then whining about "control" when it comes to Google.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    12. Re:Which corporations does Le Guin mean? by jedidiah · · Score: 1

      Use? I thought copyright was about COPYing.

      Is Google making copies or not? If not then the authors and corporations whining about Google should shut the f*ck up.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    13. Re:Which corporations does Le Guin mean? by techno-vampire · · Score: 1
      The notion that a copyright should last for the entire life of an author is a very new thing.

      Only in America, and only since The US signed on to the Bern Convention. That's based on French law, where preserving the creator's rights for as long as possible is more important than any possible benefits that might come from releasing a work to the Public Domain.

      --
      Good, inexpensive web hosting
    14. Re:Which corporations does Le Guin mean? by winwar · · Score: 1

      "The google-model is opt-out-- "unless you specifically contact us and tell us not to, we now have your implied permission to use your work.""

      But as opt-out is currenty LEGAL, I don't see a problem. Any author/copyright holder not currently aware of the option probably doesn't give a damn. This isn't some mouseprint clause in a 50 page cell phone contract. And considering the public good that will likely come of this (as compared to extending copyright) copyright holders/authors can frankly go fuck themselves.

    15. Re:Which corporations does Le Guin mean? by GNUALMAFUERTE · · Score: 0, Troll

      But the real question is ... what is she doing out of the kitchen?

      --
      WTF am I doing replying to an AC at 5 A.M on a Friday night?
    16. Re:Which corporations does Le Guin mean? by DJRumpy · · Score: 4, Informative

      There is a reason they call it the Mickey Mouse Protection Act.

      "In addition to Disney (whose extensive lobbying efforts inspired the nickname "The Mickey Mouse Protection Act"), California congresswoman Mary Bono (Sonny Bono's widow and Congressional successor) and the estate of composer George Gershwin supported the act. Mary Bono, speaking on the floor of the United States House of Representatives, said:

              Actually, Sonny wanted the term of copyright protection to last forever. I am informed by staff that such a change would violate the Constitution. ... As you know, there is also [then-MPAA president] Jack Valenti's proposal for term to last forever less one day. Perhaps the Committee may look at that next Congress."

    17. Re:Which corporations does Le Guin mean? by MrHanky · · Score: 4, Informative

      New? 162 years? The registration bullshit is of course U.S. only, not elsewhere (1886), and is obviously grossly unfair to those who don't speak the language of bureaucracy.

      Neither I nor LeGuin have advocated perpetual extensions, only the author's rights, so I don't see why you bring it up. I don't support perpetual copyrights, nor renewal of copyrights.

    18. Re:Which corporations does Le Guin mean? by Cryacin · · Score: 3, Insightful

      As you know, there is also [then-MPAA president] Jack Valenti's proposal for term to last forever less one day.

      Then we all realise that mathematical illiteracy has just gone a step lower... Thanks edumacation system!

      --
      Science advances one funeral at a time- Max Planck
    19. Re:Which corporations does Le Guin mean? by Timothy+Brownawell · · Score: 1

      No, she's saying the authors should have control over their work, or whoever they sell those rights to.

      I don't have any problem with that.

      The natural state of things is that my thoughts are my own, and nobody needs to know when I share them with whoever I like. When original authors are given downstream control, they are given permission to intrude upon this. Why would anyone not have a problem with this?

    20. Re:Which corporations does Le Guin mean? by Bigjeff5 · · Score: 5, Informative

      As per the Bern Convention, French copyright law doesn't apply in America, the French are simply afforded the same copy protections as a US citizen would have when there is a case of infringement of a Frenchman's work in America, and vice versa and for all signatories of the Bern convention. There are minimums set in the Bern convention, but they were in line with what US copyright law already stated at the time, and they were nowhere near the roughly 140 year terms we have now.

      US Copyright law was never significantly altered because of the Bern Convention except to extend the copyright protections to non-citizens (specifically, citizens of signatory countries).

      The reason we have the outrageous copyright extensions is because large corporations (Disney being the most adamant) lobbied like hell for them. They were never instated based on another country's laws except as an argument for them. It was more like Disney saying "Look, the French do it, why can't we?" and dumbasses in congress actually listening to them.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    21. Re:Which corporations does Le Guin mean? by 0123456 · · Score: 4, Insightful

      Neither I nor LeGuin have advocated perpetual extensions, only the author's rights, so I don't see why you bring it up.

      Have you asked the copyright owners of 'South Park' for permission to call yourself 'MrHanky'?

    22. Re:Which corporations does Le Guin mean? by Weezul · · Score: 1

      Yes, but google doesn't need the opt-out model if copyright was restored to the original 14 year timeframe.

      --
      The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
    23. Re:Which corporations does Le Guin mean? by Timothy+Brownawell · · Score: 2, Interesting

      Use? I thought copyright was about COPYing.

      It covers more than that, including public performance (say, playing the radio at work), and modifying existing copies.

    24. Re:Which corporations does Le Guin mean? by Sparks23 · · Score: 5, Insightful

      But the objection that Ursula LeGuin (and others) have to the Google Books deal is nothing to do with the term of copyright or direct control. It's the fact that as part of this settlement Google has decided that 'unless you actually explicitly object, in writing, to our use of your work, you give us implied right to publish.' LeGuin and others are objecting to the idea that /during the term of copyright/ authors should have to 'opt out' of having their works made freely available online, rather than giving them the choice of 'opting in.' This isn't about length of copyright or anything else. But having this method be opt-out rather than opt-in puts authors in a bad spot, especially if they've sold electronic reproduction rights to an eBook publisher and then Google comes along and puts the book up for free because the author didn't opt-out quickly enough.

      Many of the authors I know of who object to this are ones who /also/ give away free (or incredibly cheap) eBooks of their work when the work is no longer held by a particular publisher. LeGuin herself has DRM-free eBooks of her own older work available for about $1 each through several eBook sellers, and is actually quite against extensions of copyright. As the forward to the brief explanation of copyright law she has on her website, she refers to:

      ...the recent excessive extension of copyright term by the U.S.A, which has imperilled the international copyright system.

      http://www.ursulakleguin.com/Copyright.html

      The problem LeGuin and those signing her petition have is the blanket expectation that anything -- even books which may be under a current publishing contract with some publisher who has bought electronic rights -- is fair game unless the copyright holder explicitly opts that individual title out. I mean, let's be fair, we've all seen that opt-out methods are generally not popular with those they target. How many of us actually liked the logic of opt-out spam, where if you haven't contacted the people to say /not/ to send them spam, then they assume you've given implicit permission to send you spam e-mail?

      --
      --Rachel
    25. Re:Which corporations does Le Guin mean? by macraig · · Score: 1

      Seems to me that Le Guin is in effect supporting the Disney model.

      She's only doing that because Disney hasn't done anything to screw her over yet. Her ethics are probably limited to what benefits or protects her, and the Greater Good gets the shaft. That's the way it seems to work for far too many people who consider themselves ethical.

    26. Re:Which corporations does Le Guin mean? by Anonymous Coward · · Score: 0

      That's ok. I was AC anyway :-)

    27. Re:Which corporations does Le Guin mean? by countertrolling · · Score: 4, Informative

      Copyright is about protecting publishers' rights, not the creators'

      --
      For justice, we must go to Don Corleone
    28. Re:Which corporations does Le Guin mean? by countertrolling · · Score: 4, Interesting

      I'm not real happy with opt-out models, myself.

      Well, in the case of orphaned works, this is the best option, but Google should not be granted any special privileges or exclusivity over those works.

      --
      For justice, we must go to Don Corleone
    29. Re:Which corporations does Le Guin mean? by Geoffrey.landis · · Score: 1, Troll

      "The google-model is opt-out-- "unless you specifically contact us and tell us not to, we now have your implied permission to use your work.""

      But as opt-out is currenty LEGAL, I don't see a problem.

      It is?

      I want your car. I will pick it up at my convenience, and will pay you one dollar per day for as long as I use it. You may opt out of this contract, but unless you specifically opt out (by certified letter to my home address), you consent to this agreement and the above terms.
      Thanks!

      --
      http://www.geoffreylandis.com
    30. Re:Which corporations does Le Guin mean? by Anonymous Coward · · Score: 0

      If you define Modern Time as since 1998 then you have a very limited concept of "Modern Times".

      Actually, why should anyone have life + 70 for a SF novel or Mickey Mouse or Star Trek or a text book.

      If I discover a cure for Liver cancer, I get 20 years. In 20 years I have to come with a new idea and my children have to make their own living.

      There isn't one human being around that would not be an "artist" if copyright was 15 years instead of life+70. If they can't make a living off the first 15 years, they won't make in the next 135 years. And why should their children? What did they do or contribute to society except suck at the teat of human thought.

      Only the whores in Washington like the dead Bono et al that only see Big Corp. money coming into their compaign funds can rationalize such a perversion. These are the same idiots that want to tax estates being passed on to children that consist of cash.

      The concept that someone can own words, concepts, characters and plots for 70-150 years is asinine.

      The sooner the artists die, the sooner their copyright expires. Sort of like people living on Medicare and Social Security.

    31. Re:Which corporations does Le Guin mean? by jedidiah · · Score: 5, Insightful

      The Google settlement sound remarkably reasonably actually.

      If you don't like what Google is doing to "your property", then you send them a "Cease and Desist" letter.

      What a poor dear you must be to actually have to let people know that your work isn't an orphan anymore.

      That really should be the default state of things. We should not have this
      stupid, crippling fear that anything that we might create could infringe on
      someone else's work and they might be able to come back and shake us down for
      more than their stuff is worth.

      This isn't just a theoretical problem.

      Who is actually supposed to be getting hurt here?

      Who is the victim exactly? ...and no I don't think full text search of a book is something that
      an author has any right to suppress. Trying to stop such a thing is
      intrusive and self-defeating.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    32. Re:Which corporations does Le Guin mean? by Capsaicin · · Score: 1

      It's only a half step better than Disney (as corporations are essentially immortal).

      Come again?

      Please tell us you do realise that the mortality of a corporations is entirely irrelevant to the duration of a copyright, even given the ridiculously long terms granted under contemporary law. You do, don't you?

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
    33. Re:Which corporations does Le Guin mean? by jedidiah · · Score: 2, Interesting

      No it doesn't.

      Unless you create and distribute copies, the Media Moguls are no real position to mess with you.

      "modifying an existing copy" is creating and distributing a derivative work just like if you would have tried violate the GPL.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    34. Re:Which corporations does Le Guin mean? by jedidiah · · Score: 1, Flamebait

      ...once again another lying copyright maximalist trying to conflate copies of something with a physical thing that can only be in one place at once.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    35. Re:Which corporations does Le Guin mean? by Toonol · · Score: 1

      Publishers often don't hold the copyright. They usually don't.

    36. Re:Which corporations does Le Guin mean? by rmushkatblat · · Score: 1

      ...which is totally irrelevant. If one had an infinite number of cars, it would still be wrong to take one under the assumption that the owner doesn't mind.

    37. Re:Which corporations does Le Guin mean? by Capsaicin · · Score: 1

      The notion that a copyright should last for the entire life of an author is a very new thing.

      Under the Copyright Act 1842 (UK), the term was 42 years or 7 years after the death of the author, whichever was longer. Under the Berne Convention 1886 the basic term was 50 years after the death of the author.

      True under the original copyright statute, Copyright Act 1709, 8 Anne c19, it was a mere 14 year term, and true, it took the US a century to sign the Berne Convention, but to insist that the "notion" that "copyright should last for the entire life of an author," is "a very new thing," is, if you will pardon my language, "spreading obvious bullshit."

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
    38. Re:Which corporations does Le Guin mean? by jedidiah · · Score: 1

      It is COMPLETELY RELEVANT.

      Theft is about deprivation, not being some sort of pathalogical control freak.

      If you gloss over relevant moral differences then you are infact a liar.

      Don't like that label? Too damn bad. It's the truth and not "merely flamebait".

      --
      A Pirate and a Puritan look the same on a balance sheet.
    39. Re:Which corporations does Le Guin mean? by Idiomatick · · Score: 1

      Uhhh so libraries currently get permission from the author to lend their books? ...huh...

    40. Re:Which corporations does Le Guin mean? by nabsltd · · Score: 1

      I don't support perpetual copyrights, nor renewal of copyrights.

      It's not like an author needs renewal anymore...after all, their copyright doesn't expire until their corpse is pretty well decomposed.

      OTOH, with cryogenic technology, Disney, et.al., might re-animate a dead author so they can argue for longer copyright.

    41. Re:Which corporations does Le Guin mean? by MrBigInThePants · · Score: 1

      I am not sure that is a fair comparison.

      Perhaps between google and the publishing companies..who tried to stop the public libraries she is talking about...

      Google actually lost my vote when they blocked the very same libraries and Gutenberg from their deal. Things are not all the same and this would be a monopoly situation in the hands of a profit motivated making corporate no matter how you swing it.
      A timely reminder of things not always being as they are is the selling of shares by the current google masters so that they (theoretically) no longer have a majority...

      It is NOT(!) ok for you to break the copyright laws (including foreign ones) to make money and block out other non-profits/community groups from having the same shot.

      I would actually class that as a form of evil to be honest.

      Which is a real shame. I think the concept of an international and complete library/bookstore system is awe inspiring and magical prospect.

    42. Re:Which corporations does Le Guin mean? by nabsltd · · Score: 1

      Under the Berne Convention 1886 the basic term was 50 years after the death of the author.

      Except that in 1886, life expectancy was about 50 years.

      So, it wouldn't be unsual for someone to author a work at 30 and die a little young and have the total length of copyright on their works be 65 years.

      Now, an author at 30 will get 100 years of copyright.

      The whole point of copyright was to encourage creativity, which means copyright should be shorter, not longer. With current rules, one best-selling book that gets turned into a movie gives the author all the money they will ever need for the rest of their life, so they have no further incentive to be creative.

    43. Re:Which corporations does Le Guin mean? by Anonymous Coward · · Score: 0

      They scan a book which makes a COPY of it. Then they show that to users which creates a COPY for each user who views it.

    44. Re:Which corporations does Le Guin mean? by Phanatic1a · · Score: 2, Interesting

      She just doesn't want to be screwed over by Google in a land grab deal negotiated by an 'Authors Guild' that doesn't represent her.

      What good is a petition, then? An agreement between Google and this 'Author's Guild' doesn't change the black-letter copyright law of this country. If she's not represented by the Guild, then when Google reproduces her work withour her permission, then she can sue them for copyright infringement.

    45. Re:Which corporations does Le Guin mean? by 10101001+10101001 · · Score: 2, Interesting

      Le Guin does not in fact support the 'Disney model', e.g. here:

      http://www.ursulakleguin.com/Copyright.html

      she describes the Sonny Bono act as "the recent excessive extension of copyright term by the U.S.A, which has imperilled the international copyright system".

      The 'Disney model' in this discussion (ie, vs the 'Google model') is about a copyright holder, well, holding a copyright. The 'Google model' is about the "free and open dissemination of information and literature". It sounds like Le Guin is convinced that without a Disney model to finance authors, there can't be a Google model to make the work widely available. Even if such were true, trying to attack the 'Google model' only works towards stopping the "free and open dissemination of information and literature". If Le Guin truly believes that 'the Sonny Bono act as "the recent excessive extension of copyright term by the U.S.A, which has imperilled the international copyright system"', work towards reducing copyright's term should be where she should be petitioning. But, then, I guess, she thinks she can possibly win a PR fight against Google and not against Disney.

      She just doesn't want to be screwed over by Google in a land grab deal negotiated by an 'Authors Guild' that doesn't represent her.

      If the 'Authors Guild' doesn't represent her, then it doesn't represent her. She can readily issue a takedown message toward her book with Google as if the Authors Guild negotiation had not been signed or existed. Google brazenly putting up books without getting an author's permission, directly or indirectly, is no different than ROM sites putting up ROMs without seeking approval of the copyright holder. Takedown messages tend to be the extent of the legal action, but there's nothing stopping Le Guin from suing Google is she feels so strongly about it.

      --
      Eurohacker European paranoia, gun rights, and h
    46. Re:Which corporations does Le Guin mean? by shutdown+-p+now · · Score: 5, Insightful

      The Google settlement sound remarkably reasonably actually.

      If you don't like what Google is doing to "your property", then you send them a "Cease and Desist" letter.

      It's not reasonable because it places an enormous burden on the rights holder to police the use of his creation, and every time something slips by him, you're effectively saying that it was legal.

      It's like saying that, if a cop didn't catch the thief, there was no crime committed.

    47. Re:Which corporations does Le Guin mean? by Anonymous Coward · · Score: 1, Interesting

      Copyright is about protecting publishers' rights, not the creators'

      In the C18th yes, but in C19th, C20th and C21st copyright law it is actually the creators' rights that are protected.

    48. Re:Which corporations does Le Guin mean? by Capsaicin · · Score: 1

      Uhhh so libraries currently get permission from the author to lend their books? ...huh...

      If the libraries are lending books they aren't copying anything, why would they need permission? If they were to make electronic copies of books in order to make them available online, it would be obviously a different mattere.

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
    49. Re:Which corporations does Le Guin mean? by owndao · · Score: 1

      It states originator or assignees.

      --
      Be as you would have the world become.
    50. Re:Which corporations does Le Guin mean? by nelsonal · · Score: 2, Informative

      If it's not easy to tell that your work is being used by Google, then they've failed at their goal (to make the information useful) and the issue is effectively moot. If they make it easy to search and find useful information, then it should be trivial to patrol the use of your creation.

      --
      Degaussing scares the bad magnetism out of the monitor and fills it with good karma.
    51. Re:Which corporations does Le Guin mean? by Daengbo · · Score: 1

      That's what my father always said: "It's only illegal if you get caught." Pragmatic, but wrong.

    52. Re:Which corporations does Le Guin mean? by MobileTatsu-NJG · · Score: 1

      If you don't like what Google is doing to "your property", then you send them a "Cease and Desist" letter.

      While Google == 1 your post is reasonable. When 100 companies are doing it, power to the corps.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    53. Re:Which corporations does Le Guin mean? by blahplusplus · · Score: 1

      "Disney wants "copyright == infinity"."

      Disney has that already, there is NO evidence that the copyright extensions and abuses will be alleviated only that the law will get worse and the people will still do as they wish.

    54. Re:Which corporations does Le Guin mean? by StarsAreAlsoFire · · Score: 5, Insightful

      You are right in all of your points. Every last one. ESPECIALLY the 'this should be the default state of things'.

      However, you missed one small aspect: I represent JRandomCorporations(0 through 10000). And I have decided that I am going to publish all abandoned works online. But feel free to e-mail or post me a letter if I accidentally publish your non-abandoned work.

      The letter you send to 're-up' your copyright should go to the copyright office. Every 10 years sounds fine with me. If you don't re-up, THEN the work is considered abandoned, and becomes public domain.

      And funny thing. This used to be the case here in the US. Alas. Lawyers.

    55. Re:Which corporations does Le Guin mean? by owndao · · Score: 1

      If the libraries are lending books they aren't copying anything, why would they need permission? If they were to make electronic copies of books in order to make them available online, it would be obviously a different matter.

      Has there been a successful online library yet? Where the electronic form (which may become the only form soon) is allowed to be borrowed as long as the library has ownership of that many or more "units". I know that we may be searched and prosecuted for making music available in the way libraries do books. A leather-bound tome can be copied by borrowers if so motivated. It seems to come down to a difference in degree of difficulty required to copy determining legality.

      --
      Be as you would have the world become.
    56. Re:Which corporations does Le Guin mean? by MaskedSlacker · · Score: 1

      It's not reasonable because it places an enormous burden on the rights holder to police the use of his creation, and every time something slips by him, you're effectively saying that it was legal.

      This is how copyright law works period, regardless of the Google settlement.

    57. Re:Which corporations does Le Guin mean? by Cyberllama · · Score: 5, Insightful

      Here's the problem. The opt-out approach is entirely necessary to Google's goals in this project, specifically with regards to so-called "orphaned works".

      There are many books out there who's copyright status is questionable. For whatever reason, the right's holders cannot be contacted. These works are essentially lost to us. Many were produced in very limited runs in the first place, and there are few copies still floating around. If your library happens to have one, then you can read one of these works -- but otherwise you're out of luck.

      While ideally, copyright law could be reformed to put these works into the Public Domain so that they can be reproduced and made available to anyone -- this is not something Google can realistically do.

      The opt-out implementation of the settlement gives them a way to put these works back into the public space -- though not quite into the public domain. It gives people a way to access works that are otherwise lost to them. It rescues them from obscurity and dusty bookshelves so that they can once again be read and enjoyed.

      And that, in a nut-shell, is why the settlement has to be opt-out instead of opt-in. Call it cheating if you want, but certainly it does far more to benefit everyone than it does to harm authors by forcing the hardship of opting out upon them. Yes, it does feel backwards to have someone say to you "I'm going to do xyz with your stuff unless you say 'no'" -- but at the end of the day, if it only takes you 5 seconds to say "no" and it only happens one time -- it's not that big of a deal.

    58. Re:Which corporations does Le Guin mean? by Anonymous Coward · · Score: 0

      No it isn't. Under "current copyright law" there are fines and copyright holders can seek damages.

    59. Re:Which corporations does Le Guin mean? by Sparks23 · · Score: 1

      Yes, but this isn't happening just one time.

      Let's say now Microsoft decides they want to compete with Google by doing some project called Microsoft Libre. Now you have to opt-out on both Google and Microsoft Libre. And someone else decides to make The Pirate Bookstore, where you can download any current NYTimes bestseller for free, as long as the author hasn't explicitly opted out that one book... and now that's three sites. And hey, someone else seizes on that business model, and now there's four... six... twenty-three... two-hundred and twelve...

      The problem is the precedent. If Google is the only person with this model, that's great. If /everyone/ goes by this model, and you must opt-out of every single use individually, it's much less reasonable. It's the difference between a Do Not Call list, and having to get yourself off of every single telemarketer's phone list individually.

      Most of those I know who object to the current state of the settlement would be /equally/ happy if the Copyright office returned to requiring that the copyright be renewed every 10 years. Then they could just mail in /one/ letter every ten years while alive renewing the rights on their works, and they'd be happy with that.

      --
      --Rachel
    60. Re:Which corporations does Le Guin mean? by Anonymous Coward · · Score: 0

      The parent post (currently marked "5, informative" makes (as far as I can tell) significant factual mistakes about the nature of the proposed settlement. Take, for example, the following:

      "It's the fact that as part of this settlement Google has decided that 'unless you actually explicitly object, in writing, to our use of your work, you give us implied right to publish.'"

      At least looking at the description of the settlement (http://www.googlebooksettlement.com), absolutely nothing talks about a right to publish. What Google is doing is:

      1. Digitizing books from participating libraries
      2. Storing a copy in their database
      3. Allowing users to search the database, and returning limited quotes from the book

      In analogy to a "human" model, this would be equivalent to me reading a large stack of books, and reciting a quote on request...no part of which would not be defensible as fair use. In terms of the computerized implementation, though, which is what Google is doing, they have to 1) digitize a copy (arguably defensible as fair use for format-shifting by the legitimate owner of a copy), 2) store the digital copy (again, arguably defensible if they owned a copy), and 3) return a short quote (usually defensible as fair use). The real problem, as I see it, is that (unlike the libraries) Google does not actually own a copy of the book in question. The settlement in effect is giving Google the right to make an internal copy, for the purpose of search.

      But, I don't see Google claiming the right to publish and/or sell author's works without specific (opt-in) permission. LeGuin's objections are vague at best; I can't tell exactly what she is objecting to other than the opt-out nature of the settlement. But I don't think she's claiming what the parent is claiming. She makes some argument that Google should have to obtain some rights from each individual author, but it's not clear to me what rights (assuming that Google procured its own copy of the book) they would need to negotiate. I don't think she's trying to claim that Google should require special permission to buy a copy of a book, so...I'm not following her argument.

      That being said, I have mixed feelings about the Settlement - mostly, because this is a chance to demonstrate the importance of allowing a lenient Fair Use defense as a matter of policy. You shouldn't have to be a large corporation with a big pot of money to make payoffs, in order to exercise your "digital rights". Either Google did something defensible (or, which can be made defensible with a minimal fix), in which case it should be made clear that anyone can do it - or they did something illegal, in which case no one can do it (until we fix the law so that it makes sense - hey, I can be hopeful, right?).

    61. Re:Which corporations does Le Guin mean? by Bartab · · Score: 2, Insightful

      Google operates for a profit. Your local library does not.

      Probably not, but there's no reason they can't. Blockbuster operates for a profit after all. Libraries, be they book or video, work because of the inherent physicality of the work. I own 5 copies of a book, I can rent out 5 copies. Even if I charge, there's nothing an author can say about that.

      It's the "e"-book that's throwing a kink in things, not either the library aspect or the profitability of it. If Google purchases e-book licenses, I fail to see why existing rules cannot apply. If an author doesn't make e-book licenses available, I'm in favor of declaring the work abandoned in the face of expanding technologies and preemptively void copyrights. Owned by Disney, Le Guin, or Susie the cook from down the street.

      --
      Any sufficiently advanced technology is indistinguishable from a rigged demo.
    62. Re:Which corporations does Le Guin mean? by Capsaicin · · Score: 1

      It seems to come down to a difference in degree of difficulty required to copy determining legality.

      Clearly copyright holders are very concerned about the difficulty of copying, however the basic difference here is between lending and reproducing. If the library were to write out the contents of copyright protected books on vellum, in sheeps blood using ostrich feather quills and bind them in the finest pig leather, they would be in the same position vis a vis basic copyright law as they would be if they scanned and reproduced the works as pdfs.

      I know that we may be searched and prosecuted for making music available in the way libraries do books.

      That's not basic copyright law (it's all this newfangled digital agenda 'readingright' law), nor is it universally applicable. IAAL, but I'm still unclear whether this is breach of copyright law in my jurisdiction (it seems not to be). In any case there are a number of complicating factors in play here, including without limitation that the copies we would make available are themselves infringing copies, or where they are legitimately purchased, how far fair use rights (esp. in the US) extend to making and using personal copies, or where they were purchased in electronic form just what it actually is that we are buying when we buy online music from licensed vendors (more than likely a bare license). Books clearly are chattles and libraries clearly buy them on terms otherwise then that they cannot be lent out.

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
    63. Re:Which corporations does Le Guin mean? by Anonymous Coward · · Score: 0

      The Google settlement sound remarkably reasonably actually.

      If you don't like what Google is doing to "your property", then you send them a "Cease and Desist" letter.

      What a poor dear you must be to actually have to let people know that your work isn't an orphan anymore.

      If you don't like me walking up to you and punching you in the face, you're free to tell me to stop whenever you want.

      Requiring people to ask first seems pretty reasonable to me.

    64. Re:Which corporations does Le Guin mean? by Bartab · · Score: 2, Interesting

      she describes the Sonny Bono act as "the recent excessive extension of copyright term by the U.S.A, which has imperilled the international copyright system".

      Seriously? Is this just reflexive Berkeley anti-americanism or some specific anti-americanism of her own part?

      The Sonny Bono act was to bring the US into agreement with -already-existing- EU law, and is based entirely upon the Berne Convention for the Protection of Literary and Artistic Works which the "international copyright system" is based upon.

      I expect more from somebody as educated as Le Guin is. Kneejerk reactionaries should be left to MSNBC and CNN.

      --
      Any sufficiently advanced technology is indistinguishable from a rigged demo.
    65. Re:Which corporations does Le Guin mean? by Anonymous Coward · · Score: 0

      If you define Modern Time as since 1998 then you have a very limited concept of "Modern Times".

      Clearly he does have a limited concept of "Modern Times" even if he doesn't define it as beginning in 1998.

      Life+ copyright has only existed since 1842 for the UK, since 1866 for the industrialised world except US, and since 1976 for US. Given that modernity is generally accepted as beginning on July 14, 1789 it's clear that for the roughly the first quarter of modernity there was no such thing as copyright for life. Not only that, but there was no copyright at all in Soviet Russia!

      In Soviet Russia, the rights copy you!

    66. Re:Which corporations does Le Guin mean? by Idiomatick · · Score: 1

      Ironically it is the libraries that are copying the books for google :P

    67. Re:Which corporations does Le Guin mean? by raistlinwolf · · Score: 1

      Then we all realise that mathematical illiteracy has just gone a step lower... Thanks edumacation system!

      Does that mean math literacy has gone a step upwards?

    68. Re:Which corporations does Le Guin mean? by Anonymous Coward · · Score: 1, Interesting

      Just play along.

      This is exactly what we need. It does not hurt me that some authors get a bit pissed off. However, googles deal with put a crack in the whole copyright system.
      We need such cracks. It is too hard for individuals to put them there, so let google do the work.

      Then, once they have the deal for some time. Set up competing services and if you get problems, get a lawyer to get the same deal (you must have some
      kind of equality principle there in the US?). Google is just the hammer we need.

    69. Re:Which corporations does Le Guin mean? by Fallingcow · · Score: 1

      Well, what we need then is a central government agency with which authors can register that their copyright is still active, and all companies can just check against that. If they fail to do so, then their stuff is fair game. Don't want them having to do it all the time, so how about--oh, every 7 years or so.

      Gee, this is sounding familiar....

    70. Re:Which corporations does Le Guin mean? by narced · · Score: 1

      Everything in life is an opt out model.

      I'm going to quote you on my website unless you tell me not to.

      I'm going to copy this music for my friend, unless you tell me not to.

      I'm going to project a movie for my block party unless you tell me not to.

    71. Re:Which corporations does Le Guin mean? by DerekLyons · · Score: 1

      She just doesn't want to be screwed over by Google in a land grab deal negotiated by an 'Authors Guild' that doesn't represent her.

      What good is a petition, then? An agreement between Google and this 'Author's Guild' doesn't change the black-letter copyright law of this country.

      Yes, it does. By creating an opt-out system whereby Google can reproduce the work of any author merely by paying a fee to 'Authors Guild', whether or not that 'Authors Guild' has any legal right to represent that author. I really don't understand why this needs to be repeated each and every time this settlement appears on Slashdot.
       

      If she's not represented by the Guild, then when Google reproduces her work withour her permission, then she can sue them for copyright infringement.

      Under the terms of the current settlement - she has lost her legal right to sue over copyright infringement because Google has been given the unlimited right to reproduce any works it chooses after paying a nominal fee to the 'Authors Guild'. The only right she has left is to apply to the 'Authors Guild' for her share of the fees paid to them. (And it's not clear that they are actually legally obligated to pay - since she has no contract with them.)

    72. Re:Which corporations does Le Guin mean? by hughk · · Score: 1

      It's not reasonable because it places an enormous burden on the rights holder to police the use of his creation, and every time something slips by him, you're effectively saying that it was legal.

      That is how copyright works. If someone rips off your work and publishes it in India, you may not know about it unless someone tells you. You can then send your C&D and the publisher may withdraw it as India is relatively compliant. China may be another issue. It mqay sound unfair but that is how copyright has always been - a civil offence.

      --
      See my journal, I write things there
    73. Re:Which corporations does Le Guin mean? by Anonymous Coward · · Score: 0

      Wait a minute, now you are twisting things up, and you get +5 insightfull??

      Basicly what you're saying is that google should be alowed to make money off of peoples books because if they would not be able to do this it would somehow crimp your creativity and make you live in fear?
      What?

      The victim in this story is the writer, who dedicated a portion of their life to writing a book and then finds that google picked it up to make money off of it by giving it away for free.

      Now if google were to pay some fee to the writers for publishing the work, THAT is realy how things should be by default.

    74. Re:Which corporations does Le Guin mean? by sp3d2orbit · · Score: 1

      As far as I know only one corporation has made an agreement, not 10,000. Also, once you identify yourself as the owner of a copyrighted book it is no longer orphaned so your argument about having to do this every 10 years is inaccurate.

    75. Re:Which corporations does Le Guin mean? by sp3d2orbit · · Score: 2, Informative

      Google doesn't have special privileges. Any company is free to negotiate the same terms.

    76. Re:Which corporations does Le Guin mean? by sp3d2orbit · · Score: 3, Informative

      No. Google's model only applies to orphaned books, ones that don't have an identifiable owner. Both you and Le Guin want us to believe that Google can use any book they want whenever they want without permission.

    77. Re:Which corporations does Le Guin mean? by Kharny · · Score: 1

      except that copyright is already the opt-out in this situation.

      Google basically says:"we are going to ignore the original way you told us to not publish these works, and you have to AGAIN tell us not to."

      This might be a good solution for exceptional cases, where copyright holders might be hard/impossible to contact, but should not be a default.

      The fact that copyright currently is messed up to start with is not really important to the discussion at hand.

      --
      Make a man a fire and he will be warm for a day, set a man on fire and he will be warm for the rest of his life
    78. Re:Which corporations does Le Guin mean? by telomerewhythere · · Score: 1

      How about a closer fitting car analogy.

      Let's say Toyota designs a car. Toyota builds a few of them and tests them. Toyota fixes and repeats. Then Toyota starts to sell them.

      Now for the sake of argument, you and I want a Toyota. Currently for cars, if Toyota made and sold one car, either you or I could have it. Not both. But fast forward a few years when we have replicators. Now Toyota sells one car, and I Replicate it once. (at the same cost for Toyota to replicate it) You get one and I get one.

      The one I sell to you was never possessed by Toyota. Obviously there are some problems* there, but that's not the same as walking on the local Toyota dealership and taking one they paid to replicate. What I deprived them of is a theoretical sale. Not a vehicle.

      __

      *Basically Toyota needs its creation cost back. And some profit as a carrot for the creation of more cool cars I can replicate when Toyota finishes creating them.

    79. Re:Which corporations does Le Guin mean? by cpt+kangarooski · · Score: 1

      Registration is an essential feature of copyright, and one which needs to be dramatically strengthened.

      Authors should only receive copyrights when it benefits the public to grant them, and then those rights should only be as broad in scope and lengthy in duration as is absolutely necessary, so as to minimize the cost to the public of granting them, and thus to maximize the value to the public of a created and published work.

      If an author would create a work without needing a copyright, then he shouldn't get one, because he didn't require one. If an author would create a work if he could only get a copyright lasting one year, and which only restricted reproduction, then that's all he should get, because it's all he requires. And if an author would only create a work if the copyright lasted forever, and encompassed anything even vaguely related to the work -- selling used copies, mentioning the work in a review, making a later work that had a setting or plot that is even tenuously connected -- then we ought to seriously consider whether we should grant that copyright at all; the value of the work to the public may be less than the harm caused by granting the rights necessary to incentivize the author to create and publish it.

      This is all common sense: if someone offered to wash your car for free, and you knew they'd do a good job, why not let them? Paying them for a free service might be nice, but it is ultimately wasteful, and would be inappropriate if you were paying with someone else's money (or in the case of copyright, the restrictions on the rights of the public to created and published works). If someone offered to paint your house for $100, and you knew they'd do a good job, again, why not let them? But don't pay them $100,000 -- that's just wasteful. If they're happy with the low number, having had the ability to ask for more, who are you to not accept it?

      Registration is useful because we cannot read the minds of authors so as to know precisely how little copyright they will accept and be satisfied with; instead we let authors tell us outright by periodically opting in to the system. When we had registrations, most authors didn't bother to get copyrights for the works that they created and published. This was good for the public, since we got works for free. The relatively small number of authors that did register, usually didn't renew. This meant that while the public had to suffer some restrictions as 'payment' for those works, we ultimately got them for free sooner than we otherwise might. And only a small number of authors did rewnew, which was annoying, but ultimately acceptable.

      Given that copyright is merely an economic incentive to authors (it can't make you famous, it can't cause you to be inspired, there are ways to make money other than copyrights, even today), and given that the vast majority of creative works have no copyright-related economic value, and that of the small number that do, their value is usually realized quickly after publication in a given medium, and that only a truly minute handful of works have lasting economic value, we could easily reduce the length of a copyright term to a year, and the maximum length of copyright if annually renewed to fifteen years, and we would pretty certainly see no reduction whatsoever in the number of works created. (Copyright is concerned with quantity, by the way, since the government is unable to judge quality, which is largely a matter of taste, and we wouldn't want it to try in this matter, anyway)

      Now, copyright registrations should be trivial for authors to obtain. The form is already about as easy as the change of address form you fill out with the post office when you move. The registration fee is quite low. So long as it isn't absolutely free and automatic -- so as to avoid outright abuse -- I'm happy for it to be easy, to be available in many languages, and for the Copyright Office to assist authors around the world in obtaining copyrights. It isn't meant to harm authors, just to get them to identify them

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    80. Re:Which corporations does Le Guin mean? by DMiax · · Score: 2, Insightful

      This is only true if Google is the only entity to do this. If Yahoo eBay and another three random sites start scanning books it will be very hard to monitor. And I do not see a reason why other entities should not have the same rights as Google. Heck, I do not see why *I* should not be allowed to scan and publish until the author opts out.

    81. Re:Which corporations does Le Guin mean? by Anonymous Coward · · Score: 0

      What a poor dear you must be to actually have to let people know that your work isn't an orphan anymore.

      What a lazy git you must be not to bother checking first. Is the author still alive? Yes? It's not an orphan. If not, was the author been dead for at least 70 years? No? Then it's not an orphan.

      That really should be the default state of things.

      And opt-in system would be favourable.

      We should not have this
      stupid, crippling fear that anything that we might create could infringe on
      someone else's work and they might be able to come back and shake us down for
      more than their stuff is worth.

      Except that this has nothing to do with creating new works, or even derivative, but everything to do with offering somebody else's existing work for free without their permission.

      Who is actually supposed to be getting hurt here?

      The author's rights aren't being respected. And yes, authors have rights too.

      and no I don't think full text search of a book is something that
      an author has any right to suppress.

      If that service is offered to the public without the author's consent, the author has EVRY right to object to it and exercise their right to deny the requisite permission. If Google acquired the authors' permission before making their works available, this would not be an issue.

    82. Re:Which corporations does Le Guin mean? by DMiax · · Score: 1

      Copyright is granted by the government. If there is someone that can get away with this approach then it must be the government itself, not the first corporation that sees a revenue.

      Moreover, the scarcity of a book is not a reason to make free copies. If the copyright has not expired you cannot copy a book, even if there are ten copies remeining.

      Also, if big corporations get a free pass from the lawbecause they are big, while the same law is enforced against private individuals, what chance is there to have it changed for the better? Corps have already too much weight in current political decisions, if they can disregard the law they will push to keep it as strict as possible for the layman. What kind of justice is that?

    83. Re:Which corporations does Le Guin mean? by MrHanky · · Score: 1

      Come on. Let's beat that strawman to a pulp!

    84. Re:Which corporations does Le Guin mean? by saiha · · Score: 1

      So that would be a solid "no".

    85. Re:Which corporations does Le Guin mean? by MrHanky · · Score: 1

      No, it's an entirely American feature of copyright. The rest of your comment is a ludicrous fantasy, and would demand so much in bureaucratic manpower that it would cost the public a lot more than simply keeping the status quo.

      It's an awfully long comment from someone who clearly do not understand what copyright is and what it's for, so you'll have to excuse me for only reading the first three paragraphs. Seriously: it's a waste of time, since your idiotic thoughts won't be taken seriously outside the "I want stuff for free" Slashbot segment.

    86. Re:Which corporations does Le Guin mean? by MrHanky · · Score: 1

      It's not needed under current law, no one has argued its necessity, a name wouldn't fall under copyright law anyway, and there was certainly no reason to bring it up in the discussion. It's off topic. Or "+5, insightful" in Slashbot parlance.

    87. Re:Which corporations does Le Guin mean? by Phanatic1a · · Score: 1

      Yes, it does.

      No, it doesn't. USC 17 is the law. It was passed by Congress and signed into law by the President. Two parties can enter into a contract if they want to, it doesn't change the law for those not party to that contract.

      Under the terms of the current settlement - she has lost her legal right to sue over copyright infringemen

      What settlement? She's not party to any settlement. You can I can't enter into a settlement that remove's the RIAA's right to sue over copyright infringement, Google and a group of authors can't enter into a settlement that removes the right of other authors to sue for copyright infringement.

    88. Re:Which corporations does Le Guin mean? by giorgist · · Score: 1

      That is dead right,
      in other more familiar terms

      "You are innocent, until proven guilty"

      It is the same thing.

      Why is what you did a crime if it is not proven. Should I treat you as a criminal before you are considered as such ?

      I feel like Godwin-ing this thread ...

    89. Re:Which corporations does Le Guin mean? by TheVelvetFlamebait · · Score: 1

      Yeah, I don't think Valenti meant "forever less one day" as a solid amount. It meant making copyright last a finite, but ridiculously long amount of time.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    90. Re:Which corporations does Le Guin mean? by TheVelvetFlamebait · · Score: 1

      The only way to effectively protect creators' rights is to protect publishers' rights. The two actions are functionally indistinguishable.

      (I'm assuming here that counter-trolling is fair game.)

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    91. Re:Which corporations does Le Guin mean? by Opportunist · · Score: 1

      I forgot who said it but it's true, the original copyright lasted way shorter in a time when it took way longer to get your stuff published and to your customer. How does it make sense that in a time when it's trivial to get content to your destination (if you can't, corporation, take a look at release groups who often get your stuff to your potential customer before the release date) the exclusive right reaches the "infinite" limit for any sensible perspective?

      Do you honestly want to tell me that Disney didn't manage to regain the investment in Mickey Mouse by now? That it would not have been economically feasible to create this object of "art" (loose definition of art), that it would not have paid off by now, or by the 50s?

      If anything, infinite copyright hampers creation rather than spur it. Imagine I create the next Mickey Mouse or the next White Christmas. Some piece of art that stands the test of time, that I could sell and sell and sell forever. Why should I ever create again? The royalties I'd get would sure allow me to live a comfortable life for the rest of my days, why bother working ever again? We can be effing glad that Disney kept making the wrong investments time and again in his life so he had to continue creating, and that it seems that Walt actually prefered creating to making money (and in that case, he would have created, copyright or not, before anyone claims that creation for art happens no matter if copyright is infinite. THAT kind of creation would also exist if there was NO copyright at all!).

      Sidenote: I'm a producer of content myself. I write programs. And if I ever wrote a program that I could milk forever, I'd stop developing the same instant. Yes, that means a lot of similar cool products would never see the light of the day, but I sure as hell prefer making money to working. Like, I guess, anyone.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    92. Re:Which corporations does Le Guin mean? by HuguesT · · Score: 2, Insightful

      Yes, any company with enough (monetary) clout. Choose the fortune 500 that you prefer for this ?

    93. Re:Which corporations does Le Guin mean? by TheVelvetFlamebait · · Score: 1

      Probably not. Why should he?

      They probably didn't even invent the name Mr Hanky; it's probably another person from their childhood, like their school counsellor Mr Mackey.

      Yep, your comment doesn't really work on a serious or snarky level I'm afraid. It made a nice troll though.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    94. Re:Which corporations does Le Guin mean? by TheVelvetFlamebait · · Score: 1

      And funny thing. This used to be the case here in the US. Alas. Strawmen.

      Well, that's what I read.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    95. Re:Which corporations does Le Guin mean? by TheVelvetFlamebait · · Score: 1

      You make a good point.

      I would think, as a compromise, perhaps an enforced minimum period of advertising a new book before it's displayed. Give the author a chance to reject or OK it before anyone can actually get to read it.

      Of course, there's still the problem of authors and publishers scrambling to keep control of their copyright, but at least there's some mitigation.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    96. Re:Which corporations does Le Guin mean? by Richard_at_work · · Score: 1

      Thats the problem, Google did not make an agreement with the copyright owner, they made a generalised agreement with 'everyone', regardless of whether the actual copyright owner knew about the agreement or not. Whats not wrong about that?!

    97. Re:Which corporations does Le Guin mean? by L4t3r4lu5 · · Score: 2, Interesting

      We're discussing Disney protecting the character "Mickey Mouse."

      Have you ever covered yourself in fecal matter and associated with children? If not, I think you're legally in the clear... In more ways than one.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    98. Re:Which corporations does Le Guin mean? by Anonymous Coward · · Score: 0

      I represent JRandomCorporations(0 through 10000).

      I assume that you have made each of these corporations independent, so they each have their own opt-out model? So any author needs to discover which corporations exist, deduce that they each have an opt-out publishing model, and then write to each and every one of them separately to inform them of the opt-out.

      And I assume you have reserved the right to create new corporations with further independent opt-out policies at any time?

      Gradually this settlement doesn't seem quite so reasonable any more....

    99. Re:Which corporations does Le Guin mean? by Anonymous Coward · · Score: 0

      You are a fucking asshole and a worm. Ursula Le Guin is one of the greatest SF writers out there, you know, this is not about the RIAA trying to cash in on crappy music at your mother's third wedding. When someone with this much talent speaks her mind, vermin like you should cut the 'everything on the Net is mine' whine and listen, maybe by sheer osmosis something good will come to your pile of junk DNA.

    100. Re:Which corporations does Le Guin mean? by zorg50 · · Score: 1

      If an author doesn't make e-book licenses available, I'm in favor of declaring the work abandoned in the face of expanding technologies and preemptively void copyrights. Owned by Disney, Le Guin, or Susie the cook from down the street.

      Even if Susie the cook has enough computer experience to feel comfortable doing this, which she probably doesn't, do you have a free solution to provide to her that will allow her to manage these required licenses in a reasonable and timely fashion?

    101. Re:Which corporations does Le Guin mean? by Tim+C · · Score: 1

      You do realise that your entire argument could be applied equally well to Free software, don't you?

      Don't like what $randomCompany is doing with "your" code? Just write them a letter asking them to stop!

    102. Re:Which corporations does Le Guin mean? by Anonymous Coward · · Score: 0

      You can't copyright a name.

    103. Re:Which corporations does Le Guin mean? by reg106 · · Score: 1

      Yes, copyright law places the burden of policing on the rights holder, as it is in patent and trademark law. Complaints about the DMCA often revolve around the amount of power it gives the rights holder in policing infringement. Publishers are already on the lookout for copies of ebooks that continuously pop up around the web. Sending a note to a Google doesn't seem overly burdensome.

    104. Re:Which corporations does Le Guin mean? by Anonymous Coward · · Score: 0

      But in this instance cant the cop then tell the thief he committed the crime when he learns of it and the thief will return the stolen item?

    105. Re:Which corporations does Le Guin mean? by reg106 · · Score: 1

      How many libraries would we have if each library had to negotiate the distribution rights for every book?

    106. Re:Which corporations does Le Guin mean? by jedidiah · · Score: 1

      If you can't be bothered to publish your work then Google shouldn't have to be bothered either.

      This isn't about Google going into the local Barnes and Noble and having a field day. This is about Google preserving works that the "owners" clearly don't give a sh*t about. Otherwise they would not be in an orphaned state to begin with.

      Creative works are supposed to eventually enter the public domain, not just wither away until they are lost to the ages.

      If creative works were really treated in the same manner as real property as some people like to push for then there would be no recourse for these absentee owners anyways. Abandonment would terminate their rights. That would be a better thing really.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    107. Re:Which corporations does Le Guin mean? by jedidiah · · Score: 1

      Why is it that all of the anti-Google crowd seem to be spouting hysterical 3rd hand Gossip?

      This isn't about "stealing from Le Guin". The only people that seem remotely interested in
      actually protecting the works in question is Google and the relevant libraries. Everyone else
      including the likes of you and Le Guin are content to let them rot until they disappear.

      If original authors and relevant unions can't be bothered then those that step up and take on
      the task should not be bothered by those that can only complain that stuff is now available
      again. This is not limited merely to Google but Google is certainly the most visible case of
      this.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    108. Re:Which corporations does Le Guin mean? by cynyr · · Score: 1

      If i had an infinite number of the same car, i would be unable to tell if you took one or not.(1) Also in your case it would be more along the lines of; "If i had a mater replicator it would wrong to duplicate someones car as i walked by it because i liked it."
      Which I disagree with quite a bit, as neither of us has lost anything. In fact if you ask nicely and tell me how much power the thing is likely to use duplicating my car and how long it will take i'd probably be happy to let you plug it in and let you know when the car will be around that long. Heck, i'd be okay with you putting the "scan" of my car on the internet if you could, although i probably would have beaten you too it. I hope that mater replication comes about during my lifetime. i for one can not wait to "print" out my car/boat/plane/spaceship/robot/desk/food/etc. Think of the havoc that will play on the economy!

      (1) See definition of infinite.

      --
      All of the above was encrypted with a Quad ROT-13 method. Unauthorized decryption is in violation of the DMCA.
    109. Re:Which corporations does Le Guin mean? by srmalloy · · Score: 1

      The Google settlement sound remarkably reasonably actually.

      If you don't like what Google is doing to "your property", then you send them a "Cease and Desist" letter.

      Isn't this the literary equivalent of the same thing that the CRIA is being sued over -- the creation of the "pending list", where instead of having to get a license from the copyright holder before they used their music, they would go ahead and use the song without waiting for authorization or making payment, adding the song to a list of music that is 'pending authorization and payment'? "Yes, there's a valid copyright on this work, but it's too much trouble for us to find the copyright holder to get permission to use it, so we'll just go ahead and digitize it and put it up on the Net, and if the copyright holder objects, they can tell us to take it down, no harm, no foul, right?" is going to be about as much legal protection as tissue-paper body armor when it gets to the courts.

    110. Re:Which corporations does Le Guin mean? by pubwvj · · Score: 1

      Disney's desire for eternal copyright (okay, minus a day) is a far more evil. Google's not even coming close to doing evil. Works are based on societal context and copyright should expire fairly quickly. Lets return to the original time limit. What was it, 17 years max?

    111. Re:Which corporations does Le Guin mean? by maroberts · · Score: 1

      It's not reasonable because it places an enormous burden on the rights holder to police the use of his creation, and every time something slips by him, you're effectively saying that it was legal.

      It's like saying that, if a cop didn't catch the thief, there was no crime committed.

      But that is the state of copyright law; copyright infringement is essentially a civil action brought by the rights holder against the infringer; the burden of policing it is up to the rights holder.

      --

      Donte Alistair Anderson Roberts - hi son!
      Karma: Chameleon

    112. Re:Which corporations does Le Guin mean? by RingDev · · Score: 1

      I'd say it would be more akin to having to make the cop look at every single interaction that ever occurs and giving them his blessing. As opposed to the cop investigating abuses and detaining the violators.

      -Rick

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    113. Re:Which corporations does Le Guin mean? by KnownIssues · · Score: 1

      I wouldn't call a business being able to bypass the law simply because it allows them to do the business they've chosen to do "cheating". I'd call it illegal. You are actually arguing (it seems to me) that if a business needs to break the law because it allows them to engage in an activity they've chosen to do, then they should be exempted from that law, at least if it's for a good cause.

      You say it's easy to opt out, but what if I don't know I've been opted in? Because that's the whole point of opt-out is that the company that wants to do something I don't want them to do doesn't want to have to be bothered with informing me of it. Google wants me to do the work they should have to do, but it's annoying for them and they'd rather have me be the one annoyed. And yes, I know about Google, they are huge. But what happens when 1000 organizations are doing this; I should be responsible for keeping track of all of them?

    114. Re:Which corporations does Le Guin mean? by jecblackpepper · · Score: 1

      I agree with Le Guin, a corporation should not be able to abuse copyright just because it is inconvenient to them.

      I see two alternatives:

      1. Reduce copyright terms back to something like 20 years. Then there will be fewer orphaned works that are still under copyright, and the majority or authors will still get exactly the same revenue as before
      2. Allow anyone to petition a government run "copyright office" to get a truly orphaned work to be declared public domain such that anyone can reproduce it. Then it's not a corporate who decides what is orphaned and what is not, it is controlled and there is a level playing field.
    115. Re:Which corporations does Le Guin mean? by jecblackpepper · · Score: 1

      And where would you advertise it? This is just another opt-out scheme. You have to know to keep checking the Google web site to see if they've decided that your book is orphaned. And once there are 1000 companies pulling the same trick you suddenly find it is a disproportionate amount of effort, you might as well scrap copyright at that point.

    116. Re:Which corporations does Le Guin mean? by shutdown+-p+now · · Score: 2, Insightful

      That is how copyright works. If someone rips off your work and publishes it in India, you may not know about it unless someone tells you. You can then send your C&D and the publisher may withdraw it as India is relatively compliant. China may be another issue. It mqay sound unfair but that is how copyright has always been - a civil offence.

      No, it's not how copyright work. The difference is that, once you find out that your work has been distributed without you knowing, you can sue the person that had done so, as they have committed a civil offense.

      In this case, everything Google does until you catch them is legal. You can't sue them and make them pay out any damages they might have caused by distributing your copyrighted works. Thus, they actually have an incentive to take your work, mark it as "orphaned", and distribute it as much as possible without paying you a single cent, until you find out and ask them to stop. You still don't get a dime for the distribution that had already happened until that point.

    117. Re:Which corporations does Le Guin mean? by shutdown+-p+now · · Score: 1

      Why is what you did a crime if it is not proven. Should I treat you as a criminal before you are considered as such ?

      The point here is that you can prove beyond any doubt that Google had distributed your works, and they still don't pay you anything for doing so - because the work was "orphaned" until you came in and claimed your rights.

      In your example, once the crime is proven, the perpetrator is treated as a criminal for what he did, even though the actions took place before the proof.

    118. Re:Which corporations does Le Guin mean? by Anonymous Coward · · Score: 0

      ...But as opt-out is currenty LEGAL, I don't see a problem. Any author/copyright holder not currently aware of the option probably doesn't give a damn. This isn't some mouseprint clause in a 50 page cell phone contract. And considering the public good that will likely come of this (as compared to extending copyright) copyright holders/authors can frankly go fuck themselves.

      Have you looked at the Google Books opt-out process? It's not that simple, requires a log in and various things that would be very difficult for many older people.

      I'd rather not spend my time watching Google to see if they've decided that I died. Or if there is a rumor that the book is out of print because Amazon can't squeeze a good deal out of our small publisher and lists our book as "out of print". Yes, Amazon has actually done this, more than once. Our niche engineering reference/text book has been in print continuously since 1995, sells about 1000 copies/year because (I suppose), no one has written a better book yet.

    119. Re:Which corporations does Le Guin mean? by Dare+nMc · · Score: 1

      FYI, reading the settlement. Until you (the copyright holder) complains 2 things happen.
      1) google can exercise a "fair use" right to use portions of your book, to sell your book.
      2) if your book is not in print, google can sell your book, giving you 63% of the revenue.
      On item 2, if they can't locate you, they give that money to the authors guild to distribute, until you contact them to receive your payment.

    120. Re:Which corporations does Le Guin mean? by Dare+nMc · · Score: 1

      I wasn't clear:
      item #1 is selling the book, involves getting the book/e-book from your publisher (currently Google just gets the advertisement revenue for sending the sale to retailers like amazon)
      item #2 is selling copies/e-books that Google creates from scanning books from a library.

    121. Re:Which corporations does Le Guin mean? by shutdown+-p+now · · Score: 1

      But in this instance cant the cop then tell the thief he committed the crime when he learns of it and the thief will return the stolen item?

      The thief is still liable for theft, even if he voluntarily surrenders the stolen items.

      With Google, even if you catch them, they're not liable for any distribution they did up to the point you told them to stop.

    122. Re:Which corporations does Le Guin mean? by Bigjeff5 · · Score: 1

      Actually, you should read the stated purpose of copyrights and patents in the Constitution. They are specific exemptions to the public's natural right to copy any item they physically own, and to distribute that item however they wish, in order to spur the creation of more works for the betterment of society at large. This is why we have things like fair use provisions. It's not that fair use was added on to copyright, it's just the opposite. Fair use is a natural right that the Copyright exemption restricts, but Copyright only restricts fair use as far as necessary to ensure the author/artist will continue to produce new works. That's also why it is judged on a case by case basis, because there is no way to come up with a set criteria to meet that purpose for every piece out there.

      In other words, Copyright is a carrot dangled in front of authors and artists in order to make sure the public has as much literature and art as possible. That's why Copyright had limits, the whole idea was that eventually the works would be publicly available. The limits have been moved up into absurdity, restricting to a great degree the public's consumption of works with little to no further economic value to the artist, which is pretty much the opposite of what Copyright law is intended to produce.

      Two lifetimes? Seriously? 90+% of all money made on a copyrighted work is made in the first two years, with most of that being in the first six months, do we really need 130 more years (assuming the author lives to at least 75-ish) to get that last 10%? Is it even worth it?

      Do you know what would happen if Micky Mouse went into public domain today? They certainly wouldn't close their doors, there is way too much money to be made. I'll tell you what would happen, Disney would have to come up with a new icon, instead of riding the same icon they have been for the last hundred years. Hey that's funny, that looks awfully close to exactly the kind of thing that Copyright law was originally trying to accomplish! New icons, new culture, new stories, new art, hmmmm...

      You've got to remember that copyright is not there for the author or the artist or the publisher, it's there for the PUBLIC. The provisions in copyright law exist to incentivise authors and artists to produce more works for the PUBLIC, it is simply necessary (and fair) that we ensure authors and artists are rewarded for doing so. When you lose sight of the purpose, though, things go crazy, and selfish people with vested interests start pushing for permanent copyrights and tighter restrictions on fair use, which goes against everything copyright law was written for.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    123. Re:Which corporations does Le Guin mean? by gleick · · Score: 1

      I need to make an important factual correction to the above.

      The settlement is NOT "opt out" where in-print books are concerned. Google cannot display ANY part of a book that is commercially available without FIRST getting permission from the publisher and author. Even where Le Guin is distributing her own e-book of an older work for $1, it is considered in print for purposes of the settlement; thus, she does not have to opt out. She may not understand this important point.

      The only books that Google may use on an opt-out basis are out-of-print books. Since there is, by definition, no current market for those books, I feel that authors have nothing to worry about here. If they start getting money through the Google program, and they don't like it, they can always opt out.

    124. Re:Which corporations does Le Guin mean? by RingDev · · Score: 2, Insightful

      Because theft is a CRIME.

      Infringement is a TORT.

      -Rick

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    125. Re:Which corporations does Le Guin mean? by MrHanky · · Score: 1

      Why the hell should I care about your constitution? Or such hogwash as the idea of "natural rights"? It's only rhetoric. The U.S. is only a part of the world, and it's certainly not the country you want to dictate international copyright law (since U.S. copyright law again is dicated by Disney and is the most draconian around). Obviously, your constitution has been of absolutely no help.

      Also, the restrictions on public consumption of culture you speak of evidently does not exist: you're practically drowning in cultural expressions, the majority produced in the country of perpetual copyright (which, as I've stated on numerous occasions in this thread, I do not support, and which you Slashbots still think is pertinent to bring up again and again despite it being a very poor strawman). Empirical evidence suggests your reasoning should lead you to the exact opposite conclusion of where you arrive. Which probably means you're not exactly honest in your intensions: you simply want things for free.

    126. Re:Which corporations does Le Guin mean? by bkaul01 · · Score: 1

      That could be a trademark issue, but not copyright. They're not at all the same thing.

    127. Re:Which corporations does Le Guin mean? by sp3d2orbit · · Score: 1

      Google did not make an agreement with the copyright owner, they made a generalised agreement with 'everyone'

      This statement is completely inaccurate. The agreement pertains only to orphaned books, ones without a known copyright owner.

      regardless of whether the actual copyright owner knew about the agreement or not.

      Again, if there is a copyright owner then, by definition, this agreement does not apply. On the other hand, if an orphaned book's author finds out about the agreement they can contact Google to be compensated or remove the book.

      Google, as part of their settlement, has purchased print advertising in every country on Earth in attempt to contact these owners. Also, this issue has gotten tons of media attention especially in the book publishing industry.

    128. Re:Which corporations does Le Guin mean? by cpt+kangarooski · · Score: 1

      No, it's an entirely American feature of copyright.

      Well, we got the idea from the British, who had a registration system before we did, but in any event, I never said it was commonly found around the world. I said it was essential. The vast majority of copyright laws are deeply flawed, and one of the major flaws to be found is the practice of granting copyrights automatically, rather than only granting them when requested, and requiring further requests to renew it periodically.

      would demand so much in bureaucratic manpower

      Not at all, as we know from having required it for most of our history. First, most authors won't bother seeking a copyright for most works, because they simply don't care about it (either at all, or for those works in particular), and who are we to issue copyrights when they aren't wanted by the people who would get them?

      Second, of those authors who will seek a copyright for a particular work, history again shows that fewer and fewer renewals will be requested over time, further lessening the burden on the bureaucrats.

      Third, by providing an online system for registrations and renewals (and perhaps in some cases, deposit), a lot of the work can be automated. Hardcopy forms should still be accepted, but the Copyright Office is already moving in this direction, just as the PTO already did for patent and trademark filings. This system could also be used for copyright searches.

      Fourth, by requiring that copies of copyrighted works published in the US include the copyright's application or registration number (as appropriate, if there was one at the time the copy was published) in some reasonable manner, and by requiring that legal documents, demands and filings (contracts, cease and desist letters, DMCA takedown notices, civil complaints, etc.) contain that information, we can leverage the interest of parties hostile to the copyright holder to engage in error checking with regard to works that are in some way contentious. True, errors regarding a work that no one other than the author ever cares about might go uncaught, but there's little harm if so.

      It really isn't any trouble at all. This isn't like the patent system, where examiners have a lot of work to do per application. Unless there's a really obvious fault, I'd expect most copyright registrations to issue.

      It's an awfully long comment from someone who clearly do not understand what copyright is and what it's for,

      Well, I am known for writing awfully long comments. But I think I've got a clue as to what copyright is, and what it's for. It's a government-granted monopoly, which restricts free speech, and it is intended to serve the public interest by promoting the progress of science. Only granting copyrights when requested, instead of doing so mindlessly for everything under the sun seems like a good way to serve the public interest to me.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    129. Re:Which corporations does Le Guin mean? by Dare+nMc · · Score: 1

      distribute it as much as possible without paying you a single cent

      actually google pays you * 63% of Revenues Earned in Google Book Search
      And a minimum of $63, that is until you complain, then they stop selling it unless they reach a new agreement with you.

    130. Re:Which corporations does Le Guin mean? by eleuthero · · Score: 1

      Probably not, but I am pretty sure it does mean that somewhere the "writing/reading literacy" rate is dropping.

    131. Re:Which corporations does Le Guin mean? by Golddess · · Score: 1

      Better that than to sign away the movie rights to Disney for free after an arbitrary length of time, which would in effect give them control of the work.

      Um, no? While Disney could create a movie based on your story without needing to pay royalties to you, so could anyone else.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    132. Re:Which corporations does Le Guin mean? by Darinbob · · Score: 1

      I am planning on breaking into every Slashdot readers houses and browse/search through their refrigerators. They just have to send me a cease and desist letter to prevent this, otherwise I will assume they tacitly approve this arrangement.

      Basically Google is saying "we will violate your rights unless you first tell us not to". That's backwards.

    133. Re:Which corporations does Le Guin mean? by Darinbob · · Score: 1

      You're making the assumption that this is a binary system - disney vs google. Those are not the only two models, and they're not even just the outliers on a linear one dimensional spectrum.

    134. Re:Which corporations does Le Guin mean? by lennier · · Score: 1

      "It's not reasonable because it places an enormous burden on the rights holder to police the use of his creation"

      Yes.

      It SHOULD be a big, heavy thing to "police the use" of OTHER PEOPLE'S SPEECH.

      Authors SHOULD think twice before dropping the heavy hammer of the law on people making reference to their work.

      Does an author have the moral right to automatically prevent everyone, everywhere from even discussing their works? I don't think so, no. I'm with Google on this.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    135. Re:Which corporations does Le Guin mean? by lennier · · Score: 1

      "Moreover, the scarcity of a book is not a reason to make free copies. "

      Yes it is, morally and ethically, if you value the preservation of information (a REAL good) rather than "rights-holding" (an artificial "good" which imposes scarcity).

      How many pieces of orphaned media, like early Doctor Who tapes, have been rescued for posterity and even commercial resale because of the actions of fans who "broke the law" to do the right thing and preserve data?

      Data is real. Copyright is a convenient fiction. When the fiction gets in the way of reality, we have a problem that needs to be fixed.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    136. Re:Which corporations does Le Guin mean? by lennier · · Score: 1

      "And once there are 1000 companies pulling the same trick you suddenly find it is a disproportionate amount of effort, you might as well scrap copyright at that point."

      And civilisation would breathe a sigh of relief at having averted a 1000-year Copyright Dark Age.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    137. Re:Which corporations does Le Guin mean? by lennier · · Score: 1

      "I'm not real happy with opt-out models, myself."

      Would you prefer a non-opt-out compulsory license, as with music covers?

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    138. Re:Which corporations does Le Guin mean? by cpt+kangarooski · · Score: 1

      The U.S. is only a part of the world, and it's certainly not the country you want to dictate international copyright law

      I don't think that any country should dictate international copyright, or that there should even be international copyright law. Each country should implement whatever laws are best for its own people. International cooperation with regard to copyright should be limited to informally ensuring that their laws are not mutually exclusive such that an author would be unable to get copyrights in all of them, should he choose (and should they be available).

      Why the hell should I care about your constitution?

      If you're not an American, that's fine. But in crafting any law that applies here, it is very important.

      Obviously, your constitution has been of absolutely no help.

      Nowhere else seems to be doing better. The problem is one of corruption and/or indifference in lawmaking bodies, allowing industries to write the law.

      Also, the restrictions on public consumption of culture you speak of evidently does not exist: you're practically drowning in cultural expressions, the majority produced in the country of perpetual copyright

      Copyright must serve the public interest by encouraging authors to create and publish as many works as possible, while restricting the public as little as possible. Merely having a lot of works isn't sufficient. Works should also be as close to being in the public domain as possible while copyrighted, and enter the public domain as rapidly as possible.

      Which probably means you're not exactly honest in your intensions: you simply want things for free.

      Well, of course. That's the ultimate goal of copyright: to have as many public domain works as possible, as soon as possible. If we didn't want things for free, we wouldn't have copyright.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    139. Re:Which corporations does Le Guin mean? by Cyberllama · · Score: 1

      Again, I think your argument is strictly a philosophical one. That's what all the objections seem to boil down to. It's wrong that they are able to do this because it would mean "insert long hypothetical situation that'll never happen here".

      For starters, Google tried just do this and got sued immediately. They weren't going to do any in-print works at all (Well they were going to scan them, but only for search indexing, not for ebook versions). They only decided to do that after their settlement had been reached.

      Ultimately, Google is the only company big enough to do this and if they don't do it, probably nobody ever will. So we can all object to what Google is doing on a philosophical basis, or let them go ahead with a potentially revolutionary project with obvious benefits to society.

      Any company that tries to do what Google is doing without a settlement with the Authors guild would be sued into the ground. There's no reason to think this is likely to be anything more than a one time event.

    140. Re:Which corporations does Le Guin mean? by Cyberllama · · Score: 1

      But it will be, in fact, a one time thing.

      Microsoft started down this road and said screw it.

      Forget the difficulties and cost of securing an agreement with the Authors guild (the lack of which ensures a doomed project as Google quickly found out) -- there's the very real and very substantial difficulties in digitizing the books in the first place. Scanning books in, page by page, correcting OCR software mistakes, gaining permission libraries to digitize their collections and organizing the workers and equipment to get it done. This is not an easy process.

      It took google several years and ridiculous amounts of manpower and money to make this happen. No other company will do this in our lifetimes, I can almost guarantee it.

      If this doesn't happen now, some of these works may be lost forever. We're talking, in some cases, about very region specific titles that may have only had a few hundred copies printed ever. It's not unrealistic that some of these books may not exist outside of the 1 or 2 libraries that happen to have copies.

      What happens if a venerable old library burns down tomorrow? There's a very real chance that they might have the only known copies of some obscure book (say a study on 18th century New England thimble themes) that might have little value to most people, but might have tremendous value to someone else.

      I agree that there some aspects of the situation do leave a bitter taste in your mouth, but not nearly as bitter a taste as current copyright law and to not go ahead with the project because of these reservations is like throwing the baby out with the bathwater, shooting the baby, and then burning down the house to cover the evidence with grandma still inside.

      Yes, copyright reform would be a far, far, better solution (Grandma gets ice cream, in that analogy) -- but it doesn't seem to be a real option at this point. It would be great if there was a way to petition a work into the public domain if the author could not be found -- of course such a system would be just as vulnerable to the type of abuse you suggest (where an author is continually forced to confirm his copyright or risk losing it).

    141. Re:Which corporations does Le Guin mean? by MaskedSlacker · · Score: 1

      Only if they police the use of their creation, and every time something slips by them no damages are paid.

    142. Re:Which corporations does Le Guin mean? by TheVelvetFlamebait · · Score: 1

      You would advertise it right there, at Google Books. If you search for the book, it would come up as an entry saying the book will be added in X number of days.

      You are right, of course, this is another opt out scheme, but, as I said, the parent makes a good point. This system keeps abandoned books in the public eye, and contacting authors can be difficult. This service is, culturally, extremely valuable. If Google manages to stick only to consenting artists, public domain works, and abandoned works, then without significant harm to the artists, they can bring vast portions of our cultural past to us for free.

      Right now, this is only Google doing this. It's a unique settlement between them and various authors' groups. There isn't going to be 1000 other companies doing this, unless these groups wish to make the same deal with each of them. We are in no particular danger of copyright collapsing around us.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    143. Re:Which corporations does Le Guin mean? by DerekLyons · · Score: 1

      I take it you have just arrived on this planet and are utterly unaware of how our legal system works?
       

      No, it doesn't. USC 17 is the law. It was passed by Congress and signed into law by the President. Two parties can enter into a contract if they want to, it doesn't change the law for those not party to that contract.

      Here on planet Earth we have this thing called case law - which can and does alter how black letter law is interpreted.
       

      Under the terms of the current settlement - she has lost her legal right to sue over copyright infringement

      What settlement? She's not party to any settlement. You can I can't enter into a settlement that remove's the RIAA's right to sue over copyright infringement, Google and a group of authors can't enter into a settlement that removes the right of other authors to sue for copyright infringement.

      Now you have the first faint glimmerings of why so many people are upset over the settlement. When you've spent a few more weeks on this planet and have had a chance to catch up on the issue you'll find that this settlement does alter her legal rights in a way completely contrary to the law.

    144. Re:Which corporations does Le Guin mean? by countertrolling · · Score: 1

      My bad.. I meant copyright grants them special, temporary privileges. An attempt to apply tangible rules to intangible objects. The conflict is intractable. It really has nothing to do with "rights" at all.

      And there is no dash in countertrolling..

      peace

      --
      For justice, we must go to Don Corleone
    145. Re:Which corporations does Le Guin mean? by Anonymous Coward · · Score: 0

      But policing their owed content is entirely up to the copyright holder, NOT anyone else...

      according to Wikipedia "Assuming the plaintiff proves ownership of a valid copyright, the holder must then establish both actual copying and improper appropriation of the work. The burden lies with the plaintiff to establish these three elements in what is known as the prima facie case for infringement."

      and no, your anology does not work here.

    146. Re:Which corporations does Le Guin mean? by Dare+nMc · · Score: 1

      The agreement pertains only to orphaned books, ones without a known copyright owner.

      Actually I think the Grandparent comment is more accurate; the agreement is for all persons and entities that, as of January 5, 2009, own a U.S. copyright interest in one or more Books or Inserts
      And the books google will be allowed to sell without opting out is all out of print books, not unknown copyrights:
      http://www.googlebooksettlement.com/help/bin/answer.py?answer=118704&hl=en#q29

      But google is paying those rights holder a pretty good sum, 63% of Google's revenue, minimum of $60. With percentages like that, the only thing a author is likely to be pissed about, is that their publisher could start printing the books again and they would be stuck getting the less than $1 per book, that is currently typical for even known authors (I am assuming google charges more than $1 for the e-books they scan.)

    147. Re:Which corporations does Le Guin mean? by sp3d2orbit · · Score: 1

      And the books google will be allowed to sell without opting out is all out of print books, not unknown copyrights

      The American Association of Publishers and the Author's Guild gave Google permission to use known works as part of their settlement. Orphaned books, on the other hand, have no copyright owner and therefore no representation. The agreement to allow these books as a default opt-in applies to orphaned books only. All other works were opted-in by the AAP and AG.

      Should the American Association of Authors / Author's Guild have the right to speak for all American book copyright owners?

      Personally, I don't know and I don't care. Either way it isn't Google's responsibility.

    148. Re:Which corporations does Le Guin mean? by Dare+nMc · · Score: 1

      Should the American Association of Authors / Author's Guild have the right to speak for all American book copyright owners?

      No, and they didn't. Very similar to the union situation at my job, they proposed agreed to and basically endorse the agreement. They then put the agreement out for discussion. Since it is impossible to get everyone to agree, if they get more positive than negative endorsement it goes forward. In this case anyone can then opt out(or not), seams very foolish to do so IMHO.

    149. Re:Which corporations does Le Guin mean? by JimFive · · Score: 1

      The opt-out approach is entirely necessary to Google's goals in this project, specifically with regards to so-called "orphaned works".

      How are Google's goals relevant to whether this is legal or not? It doesn't seem reasonable that Google can "make a settlement" with all unknown rights holders. It seems to me that the only legitimate option for Google is to perform due diligence to attempt to identify each individual rights holder, if found make a deal, if not found put it up and deal with each challenge individually. Since these are orphaned works there probably won't be that many challenges (if there are, Google would need to revisit its due diligence process). Google is trying to be lazy and say that this is too much work, but the other option "Just put everything out there and wait for challenges" seems to be more risky. At least if they are reasonably diligent their damages would be mitigated. With Google's proposed method they are relying on (especially the heirs of) rights holders to not know that they own the rights to an infringed book.
      --
      JimFive

      --
      Please stop using the word theory when you mean hypothesis.
    150. Re:Which corporations does Le Guin mean? by salleywrites · · Score: 1

      Yes, it would be terrific for those doing academic research, especially, to have access to many "lost" books. (Although a good many books are "lost" for good reason. They're dated, or just not useful.) One serious problem with the Google settlement proposal, however, is that there's nothing in it that specifies how hard they have to search to find "missing" rights-holders, what steps must be taken, or any public oversight over the quality of the effort or the determination that a book is orphaned.

    151. Re:Which corporations does Le Guin mean? by sp3d2orbit · · Score: 1

      I don't think they should have the right to either, but that is one of the downsides of allowing one's industry to unionize or form guilds. The reason those groups exist is to be the legal arm of the publishing industry. They were the ones that brought the suit against Google and they were the ones that gave Google permission to use everybody's work. If someone is culpable for screwing over the American copyright holder it is these two groups, but not Google.

    152. Re:Which corporations does Le Guin mean? by reg106 · · Score: 1

      Google does not have unlimited rights to reproduce any work. In-print, in-copywrite works may be reproduced in preview form by google books only if the rightsholder opts in. If the work is out-of-print but in-copyright, the rightsholder still has options. The settlement allows the rightsholder to opt-out from display in google books on a title by title basis. (This is not the same as opting out of the settlement.)

    153. Re:Which corporations does Le Guin mean? by Anonymous Coward · · Score: 0

      c'mon! any average teenager could tell you that 'forever less one day' equals exactly 69 years and 364 days.

      (make it 20 years less for developing countries :)

    154. Re:Which corporations does Le Guin mean? by Richard_at_work · · Score: 1

      This statement is completely inaccurate. The agreement pertains only to orphaned books, ones without a known copyright owner.

      My statement is perfectly accurate - there is no such thing as an orphaned book or work, just one that *you* do not know the copyright owner for. The copyright is still owned by someone, you just do not know who - therefore, Google is making an agreement to use the book without informing said copyright owner.

      It is part of copyright that allows an owner to control distribution, even to the extent of not distributing at all - and in my mind, a copyright owner should not have to continually opt out of distributing due to these schemes.

    155. Re:Which corporations does Le Guin mean? by sp3d2orbit · · Score: 1

      a copyright owner should not have to continually opt out of distributing due to these schemes.

      They do not have to continually opt-out. The opt-out is one time, it is online and it takes less than 5 minutes to fill out. Google couldn't make this process easier.

      I know what you are thinking "They shouldn't have to opt-out at all".

      If the book is older and the copyright owner is unknown then there is a chance that person is dead. What now? Perhaps the heirs will claim the work, or there may not be any heirs. If not, the book is lost. The only way to find a copy of it will be to travel to a library that has a physical copy. Once that physical copy deteriorates, gets destroyed, or stolen, then it is gone forever. To me, it seems like a terrible trade-off to protect the copyrights of people who are too lazy to spend 5 minutes to protect their own works.

    156. Re:Which corporations does Le Guin mean? by Richard_at_work · · Score: 1

      They do not have to continually opt-out. The opt-out is one time, it is online and it takes less than 5 minutes to fill out. Google couldn't make this process easier.

      The problem is, will this sort of 'agreement without authority' extend to other parties? That is what I mean by continual opt-out. Continually having to reaffirm to someone else that you do not want them to distribute your work on your behalf - just remaining silent should be enough.

      I know what you are thinking "They shouldn't have to opt-out at all".

      If the book is older and the copyright owner is unknown then there is a chance that person is dead. What now? Perhaps the heirs will claim the work, or there may not be any heirs. If not, the book is lost. The only way to find a copy of it will be to travel to a library that has a physical copy. Once that physical copy deteriorates, gets destroyed, or stolen, then it is gone forever. To me, it seems like a terrible trade-off to protect the copyrights of people who are too lazy to spend 5 minutes to protect their own works.

      Well, firstly Google is digitising these works, so they have to have a physical copy to begin with - so the book is not 'lost', you just have to wait out the copyright expiration before you can distribute new copies of it.

      There is nothing stopping Google from storing the physical copy until then, or even digitising the work *now* and storing both for a future date. But no, what they want to do is circumvent copyright and release the works *now*, for profit.

    157. Re:Which corporations does Le Guin mean? by sp3d2orbit · · Score: 1

      The problem is, will this sort of 'agreement without authority' extend to other parties? That is what I mean by continual opt-out.

      Good point. Since there is only one agreement right now I can't say if they would have to continually opt-out. I would imagine any future agreements would need to take this into consideration to prevent repeated opt-outs.

      you just have to wait out the copyright expiration before you can distribute new copies of it.

      Isn't that something like a 126 years? Again, I see your point. But, it is a trade off. I don't think the benefits of protecting a few lazy /dead authors is worth the trade off.

      If Google had no mechanism to opt-out, or if the opt-out process was extremely difficult, or if the Author's Guild / American Association of Publishers had not given them a blanket opt-in I could see why authors would be upset. To me, it seems like Microsoft or Amazon or somebody else paid a few authors to raise a non-existent issue just to keep Google from making money.

    158. Re:Which corporations does Le Guin mean? by Anonymous Coward · · Score: 0

      I supports your all laws of copy writing.

        P90X

  3. Author's deserve to be paid! by Tobenisstinky · · Score: 3, Insightful

    I'm all for electronic distribution, as long as the author is still paid for their work; but perhaps they become public domain upon their death; none of this estate stuff...

    --
    wha'? where am i?
    1. Re:Author's deserve to be paid! by calmofthestorm · · Score: 1

      I'm ok with estate (surviving spouse), it's America's de-facto perpetual copyright combined with abuse of international copyright treaties (keep renewing in a different country to circumvent laws) that pisses me off.

      --
      93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
    2. Re:Author's deserve to be paid! by Cruciform · · Score: 3, Insightful

      Do you realize how quickly JK Rowling and other authors would be murdered if that were the case?
      Book publishers would end up with their own mercenary task forces to get access to popular works.

    3. Re:Author's deserve to be paid! by MichaelSmith · · Score: 1

      Do you realize how quickly JK Rowling and other authors would be murdered if that were the case?
      Book publishers would end up with their own mercenary task forces to get access to popular works.

      Heinlein would have loved that idea...

      A big compound with the lights which tell float craft not to try it, and a lime pit behind the hot tub.

    4. Re:Author's deserve to be paid! by Anonymous Coward · · Score: 3, Insightful

      "none of this estate stuff..."

      This always drives me nuts as a writer. Okay it can take a decade or more to get your work out there. Say I write a dozen books and finally get one published then a day later die in a car accident leaving my family with nothing but the work I spent ten years writing. Are you saying they don't have the right to benefit from my work? Some writers only become popular after their death even though they may leave a large body of work. Why should the public benefit but not my family? I'm anti corporation because out current system basically forces the artist to give up rights to see their work published. I think artists should be able to retain rights and their families benefit if they die. If my family isn't going to be allowed to benefit from my work then I'd rather do something with my time they are allowed to retain so they can live without going on welfare if I happen to die young. Why should the public have rights over and above the creator? It makes no sense. If there's no incentive to publish then I have no choice but to stop and do something else with my time. If I built investment houses for a living there wouldn't be a debate about taking them away from my family after I died. Say I'm a sculptor and I have a warehouse full of sculptures when I died should those be taken away from my family upon my death? Why are writers and creators of media singled out for loosing everything upon their deaths? My work is my legacy to my family as much as it is to the world.

    5. Re:Author's deserve to be paid! by Anonymous Coward · · Score: 0

      "Say I write a dozen books and finally get one published then a day later die in a car accident leaving my family with nothing but the work I spent ten years writing. Are you saying they don't have the right to benefit from my work?"

      They can have whatever you signed with your editor. Same as everybody of us, mere mortals.

      Or are you implying they won the right to get a life out of no work from themselves? The day I don't go to work is the day I am not payed my wages. Why do you think you "deserve" any kind of reward because of your unasked-for efforts? And I you get to have such a right, why I can't have the right to be rewarded by my hard produced farts?

      "Why are writers and creators of media singled out for loosing everything upon their deaths?"

      Are you implying that somehow somebody will go after your bank accounts to deprive your heirloom from whatever money is there?

    6. Re:Author's deserve to be paid! by 0123456 · · Score: 5, Interesting

      Why are writers and creators of media singled out for loosing everything upon their deaths?

      You're not. Anything you physically own before you die will be passed on to your family (local laws permitting), just like any other person on the planet... house, money, car, copies of your books, porn mags, etc.

      The real question should be: why are writers and creators singled out for _EXTRA_ rights which aren't given to anyone else? If I die, my kids won't be able to go to my boss and demand that he continues to pay them my salary, why should writers be any different?

    7. Re:Author's deserve to be paid! by symbolset · · Score: 1

      If you had said literary critics instead of authors, I'd have bought it. In The Number of The Beast there was a literary convention where they housed the critics in a Klein bottle (entrance but no exit) and provisions were by the Kilkenny Cats method.

      The old man was practical about authorship - it was indoor work with no heavy lifting, and paid better than honest work.

      --
      Help stamp out iliturcy.
    8. Re:Author's deserve to be paid! by Atlantis-Rising · · Score: 1

      His point is that he did the work, and the benefit from that work should not cease with his death.

      If, for example, I build houses for a living, what happens if I build a subdivision and then don't manage to sell them before I die? Why should my family not be able to get the benefit of that work I did before my death?

      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    9. Re:Author's deserve to be paid! by Cruciform · · Score: 1

      Heh, I find it amusing that some people tag that comment as trolling.

      Imagine any product or technology capable of generating billions of dollars of income.

      Let's say.... Viagra.

      Now instead of the copyright/patent/trademark being in effect for a set amount of time (short/long/whatever) you base it entirely on the moment of death for a specific individual.

      Want to take bets on how quickly that individual would die?

      Setting a 5/10/15 year limit as opposed to "free on death" is additional protection for the creator.

    10. Re:Author's deserve to be paid! by Usekh · · Score: 1

      If I created a chair, I could leave it to my family. If I created a painting or a statue I could leave it to my family. Why should a book be any different?

    11. Re:Author's deserve to be paid! by lawpoop · · Score: 1

      If I die, my kids won't be able to go to my boss and demand that he continues to pay them my salary, why should writers be any different?

      If you do work-for-hire (most people do), after you die, you stop working, so you stop producing value, so you are no longer paid, and nothing gets passed on to your survivors. An author of a book or other creative work which continues to sell is still generating value, so their survivors would have a claim. They're sort of working from the grave, so to speak.

      Certain kinds of other benefits continue to be given to the survivors after death of the original recipient, such as retirement accounts. Are you against that also?

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    12. Re:Author's deserve to be paid! by MichaelSmith · · Score: 1

      RAH would of course be the biggest, nastiest shark in the sea, so a policy of hunting people to cancel their copyright would only work in his favour.

    13. Re:Author's deserve to be paid! by 0123456 · · Score: 1

      Why should a book be any different?

      Yes, that was my question. I was hoping to get an answer.

      (Of course if you meant a physical book, it is no different from any other physical property you leave to your family.)

    14. Re:Author's deserve to be paid! by Anonymous Coward · · Score: 0

      "loosing"? And you're a writer, huh?

    15. Re:Author's deserve to be paid! by broken_chaos · · Score: 1

      If you worked in a chair factory all your life, why don't your family own every chair you made? That's a bit more apt an analogy (but still suffering greatly) than comparing a singular physical object with rights to a particular sequence of words that is printed, reprinted, and copies are sold millions of times.

    16. Re:Author's deserve to be paid! by Usekh · · Score: 1

      My question to you is why physical property should be treated any differently? what makes it so unique that only it can be left to children? and not "intellectual" property or whatever you want to call it.

    17. Re:Author's deserve to be paid! by Draek · · Score: 3, Insightful

      If it were so she'd have been murdered already, given that the copyright expiration clock doesn't start ticking as long as she breathes.

      Though given that corporations can't generally think 5 minutes ahead of them, let alone 50 years, it may just be that I'm giving corps far more credit than they deserve.

      --
      No problem is insoluble in all conceivable circumstances.
    18. Re:Author's deserve to be paid! by Idiomatick · · Score: 1

      /. worries me when they mod things like this interesting rather than funny @_@

    19. Re:Author's deserve to be paid! by Idiomatick · · Score: 1

      How about 15 years if you die or not. Fair?

      That said the goal of copyright law is simply this: To encourage artists to produce.

      Not complicated. Artists need to get paid enough to continue doing what they do. They need to be able to make enough to encourage the arts production. That's all. Do you think artists are SIGNIFICANTLY more likely to produce if they know that their grandchildren will be getting a cut? The answer is of course not. And as your mentioned, these days most artists rights are owned by corporations. So the grandkids aren't seeing that money anyways.

      As a side note your legacy is meant to involve saved money in the form of an inheritance. Desk jockeys don't leave their children penniless, they save things in a bank and their kids get it when they die. I see no reason why artists should be any different. Your example of dying right after releasing a book is easily fixed by having a set time limit.

    20. Re:Author's deserve to be paid! by CrimsonAvenger · · Score: 1

      If, for example, I build houses for a living, what happens if I build a subdivision and then don't manage to sell them before I die? Why should my family not be able to get the benefit of that work I did before my death?

      Assuming your family inherits in the normal manner, they'll own all your interest in those houses you built. Which means they can then sell the ones that didn't sell during your lifetime (assuming, of course, that they can find buyers).

      In other words, very bad example.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    21. Re:Author's deserve to be paid! by Anonymous Coward · · Score: 0

      Shore hes a righter. Have ewe scene how many book's he writed?

    22. Re:Author's deserve to be paid! by Anonymous Coward · · Score: 0

      "Why are writers and creators of media singled out for loosing everything upon their deaths?"

      Last I checked, "You can't take it with you" applies equally to everybody. But, yeah, usually a family inherits your stuff, although they might have to pay taxes on it.

      "Why should the public have rights over and above the creator? It makes no sense."

      Who exactly is paying for the justice system that investigates and prosecutes copyright infringement cases? You think all that control over your work thanks to copyright comes for free? The public pays for a lot of it. And the bargain is simple: you get to control and to make money from your work first, with the full power of the law to bear for the enforcement of that control. Then the public eventually collects on the debt when the work gets deposited into the public domain.

      Don't like the bargain? Don't release the work. It's like the sculptures in the warehouse that you mention. Keep them there and it is private and you have much more comprehensive control. The public does not have "rights over and above the creator". They only gain some rights when *you* decide to publicly distribute the work under copyright, and the rights they get are pretty limited for a long time, until well after your death. It's a fair deal that you have little to complain about.

      That being said, I am supportive of "death + 20 years" for copyright terms so that a family has ample time to put things in order and prepare to earn income by being creative on their own. Or, alternatively, to decide to publish your unpublished private writings you were working on just before you died.

    23. Re:Author's deserve to be paid! by Anonymous Coward · · Score: 0

      An author of a book or other creative work which continues to sell is still generating value

      Garbage. They are extracting money from society that could have been spent on living people instead [Broken Window Fallacy]. That new band who are still creating albums is deprived of money that could enable them to work in favor of being given to the estate of a dead person who isn't going to produce anything any more. [In my understanding, "producing" and "generating" both mean "to make something"; I fail to see what makes an artist's corpse more productive then someone else's]

      Value is made in the creation, once creation is over (publication) then the value has plateaued unless they continue to expand it (sequels, whatever).

    24. Re:Author's deserve to be paid! by Anonymous Coward · · Score: 0

      In other words, very bad example.

      If by bad you mean good, then you are correct.

    25. Re:Author's deserve to be paid! by Anonymous Coward · · Score: 0

      Apples and oranges. You get a retirement, I don't. You get benefits, I don't. All I potentially own is the work I create. There are no "extra rights" I keep hearing about artist simply want the same rights as anyone else. On your death no one tries to take your property so why should people take my property from my family? If IP rights are so worthless then why is everyone so determined to claim them? The artists are caught in the middle. On one side I've got publishers saying I shouldn't be allowed to keep my rights and on the other side I have people that want my work claiming I shouldn't have the rights in the first place. No one is looking out for the artist in this fight. Trust me I know first hand that without lawyers you have no rights. I worked four years on a property and had it literally stolen from me before it was released, I'm talking taken from my house stolen. The law wasn't interested and said it was a civil matter. I had put every cent into developing it so I had no money left for lawyers. The end result, I had no rights and now I'm being told I have too many! There is no system in place to protect artist rights. If some breaks into your house and steals your TV the police are there. If they steal writing no one cares. My personal situation is too complex for a post but my point is there is no part of government enforcing rights. If you have no lawyers by definition you have no rights. Try spending four years of your life and everything you had in the world on a project only to have it stolen. It's extremely upsetting to be then told I have "EXTRA_ rights". Artists have no inherent rights and the laws are only enforced by lawyers.

    26. Re:Author's deserve to be paid! by Anonymous Coward · · Score: 0

      "This always drives me nuts as a writer. Why are writers and creators of media singled out for loosing everything upon their deaths?"

      You are lying about being a writer. No real writer would use the non-word "loosing".

    27. Re:Author's deserve to be paid! by Anonymous Coward · · Score: 0

      If I invented and patented a new reclining chair mechanism, then my family would own that patent when I died. If I write a book about reclining chairs, my family should also own the copyright when I die.

      Comparing physical objects to ideas just won't work. That's why we had to think up special ways to commoditize ideas.

    28. Re:Author's deserve to be paid! by roju · · Score: 1

      My question to you is why physical property should be treated any differently?

      Because it's different?

    29. Re:Author's deserve to be paid! by Anonymous Coward · · Score: 0

      Do you realize how quickly JK Rowling and other authors would be murdered if that were the case?

      So there is an extra side-benefit.

    30. Re:Author's deserve to be paid! by MobileTatsu-NJG · · Score: 1

      You'd rather the big corps get the millions instead of the family of the people that created it?

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    31. Re:Author's deserve to be paid! by MobileTatsu-NJG · · Score: 1

      If I die, my kids won't be able to go to my boss and demand that he continues to pay them my salary, why should writers be any different?

      Do you own the company you work for? In which case are you arguing that your children shouldn't inherit it when you die?

      The author owns the work that's being published. You don't own what you're working on for your 'boss'. So you're right, writers shouldn't be treated any different. Their estate should continue to earn their share of the money coming in from the work. Writer != Office Peon.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    32. Re:Author's deserve to be paid! by graden · · Score: 1

      Anything you physically own before you die will be passed on to your family [...]

      Why draw the line at something a person *physically* owns? Putting time, money and energy into creating a physical sculpture is OK and the sculpture (and the rights to it) should be inherited, but if you do the same with a book they should not? And what about software you wrote?

      Perhaps assign a time limit to each creation, physical or otherwise. The rights to that creation could then be inherited.. or whatever you wish to do with them when you die. So long as there is a time limit, estate won't be a problem

      If I die, my kids won't be able to go to my boss and demand that he continues to pay them my salary, why should writers be any different?

      Because you (most people, anyway) are paid each month for something they contribute each month. Writers etcetera perform the work up-front and are then paid when people buy their books. The comparison is flawed because the situations are very different.

    33. Re:Author's deserve to be paid! by remmelt · · Score: 1

      How is that different from the status quo?

    34. Re:Author's deserve to be paid! by DerekLyons · · Score: 3, Interesting

      Why are writers and creators of media singled out for loosing everything upon their deaths?

      You're not. Anything you physically own before you die will be passed on to your family (local laws permitting), just like any other person on the planet... house, money, car, copies of your books, porn mags, etc.

      The real question should be: why are writers and creators singled out for _EXTRA_ rights which aren't given to anyone else? If I die, my kids won't be able to go to my boss and demand that he continues to pay them my salary, why should writers be any different?

      Except your example is nothing like the situation a writers family is in. A writers family is in the same situation I am - I inherited a piece of property, and I have every right to insist the tenants on that property continue to pay rent. I inherited a sales contract on an automobile, and I have every right to insist the payments be made on time and in full. Etc. etc..
       
      So no, the writers family isn't any different. They inherit property and contracts the same as you and me.

    35. Re:Author's deserve to be paid! by mjwx · · Score: 1

      Do you realize how quickly JK Rowling and other authors would be murdered if that were the case?
      Book publishers would end up with their own mercenary task forces to get access to popular works.

      Not really. Definitely not as fast and open as you think. Corporations still have to get around that pesky murder charge. the bribes and legal wrangling will make it economically infeasible to simply kill every author to get their works, besides this once they are dead all your competitors and that bothersome general public can copy the works willy nilly. No this will not do, the corporations must continue to co-opt copyright so the artists has no rights.

      Your point has some merit, Copyright never ended with the authors death when it was made in the late 1800's due to this kind of threat when deaths weren't investigated. But copyright terms need to be bought back down to reasonable limits, 15 years or so regardless of the authors pulse. This life+75 has done more damage to the creation of new art and will continue to do damage until we get beat copyright down to a reasonable limit.

      Further more, I think we should prohibit creators from selling their works and prevent media or holding corporations (perhaps even all corps) from owning a work. Instead we should allow a creator to license works to a production company, exclusive or not with the production company taking no more then 60% gross revenue and a cost sharing along the same percentage as the profit sharing (minus any loans, can be paid back from the authors share, as per usual) for a term specified by the Author not exceeding the copyright period. The increased profit for the creator should offset any additional costs for them. Details for this may need refining but you get the idea.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    36. Re:Author's deserve to be paid! by Anonymous Coward · · Score: 0

      Look at it this way: say your work is building apartment buildings, and you invest your profits from each building into buying apartments in those buildings, renting them, and living off the rent.

      In many countries, if you die, your kids inherit the apartments, and are in every right to go to whomever rented those apartment and demand that they continue paying rent to them. When the contract ends, they may rent the apartments to other people, and continue making money from your work for as long as the buildings stand.

      The case could be made that books are no different from apartments - as long as the books are printed and solds, the author's descendants (or whomever inherits the books in the literary work sense of the word, rather than the physical copies) should be able to demand the publisher pay them the money earned from those works, same as they would earn money by renting apartments.

    37. Re:Author's deserve to be paid! by Anonymous Coward · · Score: 0

      Silly silly analogy..

      So things that aren't physical can't be passed on? Quick kids, make sure grandpa gets all his "fantasy" money out of the bank and converted to cash and diamonds. We wouldn't want that imaginary money disappearing once he dies.

      Your kids can't go to your boss and demand payment for value that hasn't been delivered - you're dead, you're not earning a salary. Someone who does real work - whether it's building a house or writing a book - deserves to be compensated accordingly. And if that compensation extends beyond your lifetime, to helping your own kids out, then so be it. It's not a "special" right - it's natural. Do the work, reap the reward.

    38. Re:Author's deserve to be paid! by Purist · · Score: 0

      What are these "porn mags" you speak of??

      --
      I used to fear clowns...but I'm discovering that chimps are far, far, worse.
    39. Re:Author's deserve to be paid! by Usekh · · Score: 1

      So when something is the product of your hands it should be different to the product of your mind? why should it be treated differently?

    40. Re:Author's deserve to be paid! by tburkhol · · Score: 2, Interesting

      So when something is the product of your hands it should be different to the product of your mind? why should it be treated differently?

      Both a book and a chair are products of the mind. A specific instantiation of the chair has the additional constraints that raw materials were required to construct it and that some physical skill and wear was required to form and assemble it. It's quite common for chairs to be copied, though generally the raw materials and workmanship that go into the copy are of lower quality than the original, and decrease the total value of the original only slightly.

      The chair creator expects physically participate in each instantiation of his chair and expects to be paid for each instantiation and to recoup his costs on each instance. The book creator has no expectation to participate in the production and distribution of their book, but they expect to be paid for effort that may take the publisher years and tens of thousands of instances to recoup. The author/publisher expects to be paid gradually, over years (14-1400 years, depending on the author), for their creativity today. Because the creative aspect of the chair is so closely linked to the unique physical object, it's easy for us to assign the creative aspect to the value of that one object. It's difficult to directly value the creative aspect. How much would you pay for a Maloof chair made by Joe the Carpenter? Because the physical effort of creating a book is such a small, and relatively unskilled, fraction of the creative effort, it's much more difficult to assign a value to a single book, let alone the sum of all the copies that will ever be made.

    41. Re:Author's deserve to be paid! by maroberts · · Score: 1

      If you created a chair, or a painting or a statue, you could either sell it to someone in your lifetime, or leave it to your family - you couldn't do both. With book authorship, it shouldn't be any different.

      Copyright should be a government recognition that art should be encouraged and promoted by protection for a limited time. Most people have no objection to 15-20 years of copyright, but the current lifetime + 70 years is a bad joke. If you died within the 15-20 years, then your heirs should be able to have the rights for the remaining term.

      --

      Donte Alistair Anderson Roberts - hi son!
      Karma: Chameleon

    42. Re:Author's deserve to be paid! by cynyr · · Score: 1

      lets go, 14 years from time of creation(first time someone besides the creator sees it), estate gets it for the remainder of the 14 years if the creator dies before the expiration. I mean really, life+70 is a long long time, especily when Disney(the company not the guy or a guy at disney) owns the copyright. Since Disney isn't "dead" yet.....

      --
      All of the above was encrypted with a Quad ROT-13 method. Unauthorized decryption is in violation of the DMCA.
    43. Re:Author's deserve to be paid! by HeckRuler · · Score: 1

      I believe the general argument from this point would be:
      Copyright isn't property or a contract

      It's the right to restrict use of your works for a set period of time. In a very loose sense, it's a contract with the government, one which should have a clause that makes it null and void with your death.

      But really, tell your little trust funds that they need to go be productive members of society rather then sucking off their dead daddies teet at age 30. It will do them good.

    44. Re:Author's deserve to be paid! by jecblackpepper · · Score: 1

      Corps need to pay back their stock holders this year, not in 50 or 100 years. So taking out a contract on JK Rowling now wouldn't really benefit them in the short or medium term (and of course risks them being caught and their executives going to jail). If on the other hand there was a realistic possibility that if she died today and that they could make a fortune selling copies of her books this year then the risk equation of whether they'd be caught vs the immediate profit soon changes.

    45. Re:Author's deserve to be paid! by jecblackpepper · · Score: 1

      But perhaps they'll be able to have pension benefits or life insurance pay outs depending on the contract you had.

      To answer your question though, the main reason is that authors are basically entrepreneurs, they invest a lot of effort up front with no guarantee that they'll get a return. We as a society have decided that we quite like the idea of authors writing books to enrich our lives and culture and have decided that we'll create copyright laws to guarantee them a limited time monopoly so as to allow them to benefit from writing their book, and to make it further encourage them to produce these books that we generally like we've allowed that monopoly to continue after their death so that their dependent can benefit from their hard work.

      Ultimately it's because we as a society value creative works.

      In reality, I think the only contentious point for most people is the length of copyright not the principle.

    46. Re:Author's deserve to be paid! by mimiru · · Score: 1

      And how exactly would those publishers benefit if they "murder" the author? the work will go into public domain, not to the publisher. You can't benefit from popular works if everyone's able to print and market their own copy (i.e. no monopoly).

    47. Re:Author's deserve to be paid! by HeckRuler · · Score: 1

      A chair is the product of the mind as much as a bar of gold is. Someone had to think about where to mine, how to smelt it, and what shape it should take. But that has zero impact on it's value. The value of a bar of gold is the ACTUAL GOLD CONTENT. The value of a chair is it's ability to hold up my ass.

      As for copying chairs, you would be ludicrous if you were to try to claim that someone owns the idea of ye olde three-legged-stool. It's a plank with three sticks in it. It's common knowledge by this point. It's as basic as a 90 degree angle. The time for claiming the exclusive rights for sliced bread is over. Likewise, the period at which you should have exclusive rights to your work should have limits

      But as much as I dislike how copyright is setup, you're going about this the wrong way. The purpose of copyright is to promote the creation of copywriteable works. So argue that you wouldn't create anything if it wouldn't feed your kids in the case of an unfortunate scenario.

      Of course, neither does my job, which is why I'll buy life insurance like all the other peasants you seem to think you're above.

    48. Re:Author's deserve to be paid! by ifwm · · Score: 1

      "I believe the general argument from this point would be:
      Copyright isn't property or a contract"

      And that argument would fail because it's fundamentally incorrect.

    49. Re:Author's deserve to be paid! by lennier · · Score: 1

      "And that argument would fail because it's fundamentally incorrect."

      Incorrect by what definition? The arbitrary whims of law, or by the actual physical reality of what information versus matter is?

      Society can pass whatever laws they want, but law can't make something which is physically INCORRECT 'correct'.

      Information can be copied without losing value - in fact it gains value in the process. Matter can not.

      Property is the ownership - spatial localisation and control - of matter.

      Information cannot be 'property' because the laws of physics say it just ain't so.

      Information can only be controlled (and bought and sold and rented) LIKE property if we willingly engage in a massive society-wide fiction such that everyone with an ear and a mouth (or a computer) willingly or unwillingly restrict their natural rights to listen and speak. This apparatus of control imposes a huge cost to all human thought and action.

      Lawyers and legislators are certainly welcome to attempt to redefine the laws of physics, but they'd be more gainfully occupied sitting on the beach telling the tide to remain still.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    50. Re:Author's deserve to be paid! by Usekh · · Score: 1

      I agree with this, I think current copyright and the way it is applied is stupid. However that does not mean I don't think that intellectual property should somehow have less rights than a chair I picked up from walmart :P

    51. Re:Author's deserve to be paid! by DerekLyons · · Score: 1

      believe the general argument from this point would be: Copyright isn't property or a contract

      Except, under the law, it is treated exactly like property or a contract - it can sold, inherited, leased, transferred, voided, abandoned, etc... etc...
       

      It's the right to restrict use of your works for a set period of time. In a very loose sense, it's a contract with the government, one which should have a clause that makes it null and void with your death.

      A belief that comes from people who believes their desires to not have to respect other peoples legal rights trumps those rights. This belief isn't based on any principle in law, only a selfish disregard and complete lack of respect for other people's property and rights.

    52. Re:Author's deserve to be paid! by bit01 · · Score: 1

      Do you realize how quickly JK Rowling and other authors would be murdered if that were the case?

      This persistent meme needs to die. There may be other reasons for allowing copyright after death but this isn't one of them.

      ---

      I own it therefore I get to decide what happens to it is a meaningless tautology. Ownership by definition is the right to control. The more interesting question is who owns it?

    53. Re:Author's deserve to be paid! by ifwm · · Score: 1

      "Incorrect by what definition? The law"

      FYP to make it sound less douchey and retarded.

      And YES actually, and since those are the only whims that matter, the rest of your post is worthless.

      You don't LIKE it? Fine.

      That changes nothing, and doesn't make you less wrong.

    54. Re:Author's deserve to be paid! by broken_chaos · · Score: 1

      my family would own that patent when I died

      Only if you died within, what is it, 20 years? Patents expire much, much quicker than copyrights.

    55. Re:Author's deserve to be paid! by loneDreamer · · Score: 1

      This is exactly why they coined "intellectual property", so you would think it actually is property and make that same argument. Bottom line, ideas and tales were not propery, and IMHO they shouldn't be.

  4. Limited times by hackwrench · · Score: 3, Insightful

    But we cannot have free and open dissemination of information and literature unless the use of written material continues to be controlled by those who write it or own legitimate right in it.

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

    So, what in her mind happens when that time expires?

    1. Re:Limited times by e9th · · Score: 2, Interesting

      Not sure what Ursula has in mind, but I think that copyright is one thing the Founders got right back in 1790.

    2. Re:Limited times by wizardforce · · Score: 1

      Simple. It never expires. She seems to have a very very distorted idea of what "free and open dissemination of information and literature" means. Apparently she thinks that information needs to be controlled by its author(s) in order to be open or some such nonsense. It's an extreme sense of entitlement.

      --
      Sigs are too short to say anything truly profound so read the above post instead.
    3. Re:Limited times by drinkypoo · · Score: 1, Interesting

      You have hit it on the nose. "free and open dissemination" simply does not jibe with it being "controlled by those who write it or own legitimate right in it." Putting it in the public domain is free and open; using a Free distribution license like Creative Commons also is. And of course, infringement of copyright law is also free and open dissemination. Anything else is not, but PD and so-called piracy are both clear examples of free and open distribution which do not involve author/owner control.

      I don't have a problem with copyright law as it once was written, which is to say that copyrights actually expired. But I do have a problem with an author who doesn't understand the language in which they write. I'm done buying LeGuin books, and yes, I do buy books new, and that has included several of hers.

      Does this remind anyone else of a certain Metallica-related event?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:Limited times by MrHanky · · Score: 1

      And what's your alternative?

    5. Re:Limited times by Scrameustache · · Score: 3, Funny

      But we cannot have free and open dissemination of information and literature unless the use of written material continues to be controlled by those who write it or own legitimate right in it.

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

      So, what in her mind happens when that time expires?

      Nothing, obviously: Under ACTA, copyrights will expire roughly two weeks after the heat death of the universe.

      --

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

    6. Re:Limited times by 0123456 · · Score: 4, Insightful

      And what's your alternative?

      Well, we could start with securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries to promote the progress of science and useful arts. And then after a few years it would go into the public domain and someone could cut all the mind-numbingly boring parts out of 'The Dispossessed' and release a version that's worth reading... no, actually, that's probably impossible. They could at least stick more sex and explosions in there, I guess.

    7. Re:Limited times by broken_chaos · · Score: 1

      I'm done buying LeGuin books, and yes, I do buy books new, and that has included several of hers.

      I find books to be actually worth the paper they're printed on, particularly for good books. There's just something about a real, properly printed/bound book that's worth $10-$15 to me, no matter if I can acquire the text freely elsewhere or not. I enjoy also having an electronic version of the text, but I prefer to not exclusively have an electronic version for most (particularly fiction) books.

    8. Re:Limited times by shutdown+-p+now · · Score: 1

      So, what in her mind happens when that time expires?

      From a brief overview of copyright issues from author's perspective her web site:

      "... I don't even talk about electronic rights, which have become a total hornet's nest in the last few years; nor do I discuss the recent excessive extension of copyright term by the U.S.A, which has imperilled the international copyright system."

      So it looks like she's not exactly in favor of (+INF-1) copyright terms and the like.

    9. Re:Limited times by peacefinder · · Score: 1

      She is on record as saying she does not believe in perpetual copyright, and has derided the Sonny Bono act as so outrageous as to actually weaken copyright in the long run.* It is probably worth considering, however, that she is currently still alive, and thus has a pretty clear and legitimate interest in the way her wholly-owned work is used.

      She states that she thinks the Author's Guild has no business negotiating away her rights to her work given that she's not a member. That is not at all the same thing as supporting perpetual copyright.

      [*: And she's very much correct, no? With de facto perpetual copyright in place, who is inclined to respect any copyright any more?]

      --
      With reasonable men I will reason; with humane men I will plead; but to tyrants I will give no quarter. -- William Lloyd
    10. Re:Limited times by j00r0m4nc3r · · Score: 1

      But we cannot have free and open dissemination of information and literature unless the use of written material continues to be controlled by those who write it

      I don't see how it's free and open if it's being controlled by those who write it... She is in complete contradiction of herself here.

    11. Re:Limited times by psnyder · · Score: 1

      I'm done buying LeGuin books

      This is just another case of a very intelligent person defending a bad idea. And this idea is extremely subtle to most people who grew up in this copyright society, so I'm inclined to forgive the person, even while giving no quarter on the bad idea.

      When you see extremely intelligent family members or anyone you love, vehemently defending things you know to be faulty logic, and you realize you can still love the person despite their stubbornness in their stupidity, then whether you buy the books or not doesn't matter. Because, unless she begins preaching in her books, the books are separate entities, and the stubborn faulty logic in a topic where she is emotionally involved, is unrelated.

    12. Re:Limited times by drinkypoo · · Score: 1

      Because, unless she begins preaching in her books, the books are separate entities, and the stubborn faulty logic in a topic where she is emotionally involved, is unrelated.

      Do you really believe that a person's thought and belief systems don't come out in their writing? There are no disconnected beliefs in the human brain. Everything is in there somewhere and comes out semi-randomly. A person who is batshit crazy in one area only becomes more crazy in other areas. And finally, there is something called morality. You don't compromise it becomes it's convenient; you either have morals or you don't. Mine don't include support for those who preach for things I am against. Buying books from LeGuin only supports her making more bullshit statements like those, and so long as she has a large readership those quotes will be picked up and replicated. I don't like those kind of nonsense statements, so I won't buy her books, doing my part to deprecate her political voice. I support her right to say any crazy shit she wants, but I will not help her build a soapbox to stand on.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    13. Re:Limited times by psnyder · · Score: 1

      Do you really believe that a person's thought and belief systems don't come out in their writing?

      You said you bought her books in the past. I have too. I don't remember seeing anything in them close to this issue of copyright, but there's many I haven't read. Have you read anything of hers that touches the subject?

      Secondly, an author who writes about vicious despots is not necessarily trying to push that as their belief system. They often just explore the insane psyche. The same with fantasy or anything else. So yes, there can be a disconnect. It's quite possible that this copyright issue is a sore topic and not one she wants to focus on while writing. Also, this seems to be a relatively new idea to her, as she was writing a long time before she found people spreading her books on the internet. So it's most likely that any previous writings would not be influenced by this idea.

      There are no disconnected beliefs in the human brain.

      Every person has beliefs that contradict themselves. These are often found because of conflicting desires. So yes, there are disconnected beliefs in human brains. They stay disconnected until both are brought to the forefront and one has to make a decision. The brain is not a machine devoid of confusion. The ability to differentiate contradicting beliefs and choose one over the other is a key component in maturation.

      When one does not see the faulty logic of their views, it is often because of emotional involvement. (It is often compounded by scarcity of information and having to fill in the blanks on our own, thus forming unfounded beliefs. But emotion can override intellect even when a mountain of evidence is present.) Emotions are what cause us to do anything and everything. This is seen most easy with lobotomies. Intellect is emotion's helper. Through the intellect, we can guide our emotions to make better decisions, but it is the emotion that causes us to make that decision.

      When one emotion is too powerful it overrides logic. It's very interesting to see studies based on political and religious views and how the brain works. Completely different areas of the brain are used when listening to political candidates you agree with, and when you listen to those from the opposing party. It is emotion that dictates how our brains process the information.

      And finally, there is something called morality. You don't compromise it becomes it's convenient; you either have morals or you don't. Mine don't include support for those who preach for things I am against.

      Have you ever had a family member whom you disagreed with? Did you stop supporting them, loving them, because of it?

      To put it bluntly, there is not one person on Earth that has exactly the same beliefs as you. There will always be something, however minor, that you disagree with. This is the case with everyone. Do you dismiss everything that they have done, over one disagreement?

      Chances are, you still love the person, even through a disagreement. Chances are, you've made compromises before even though you still believed you were right. This is not a compromise of morality. On the contrary, recognizing everyone (including yourself) as a multifaceted person with various strengths and weaknesses is what builds the strongest foundations of morality. It allows you to love someone despite their faults.

      I strongly disagree with Le Guin on this subject, but to dismiss her and all of her work entirely because of it is silly. She is human.

    14. Re:Limited times by eyrieowl · · Score: 1

      Absolutely. Her definition seems closer to doublethink than to truth. There are lots of rational arguments for some sort of intellectual property protection that are at least based in reason...that it somehow preserves the free and open dissemination of ideas is not one of them.

    15. Re:Limited times by drinkypoo · · Score: 1

      I strongly disagree with Le Guin on this subject, but to dismiss her and all of her work entirely because of it is silly. She is human.

      If you compromise your ethics, you don't have them. Once you know the results of your actions, if they run counter to your stated beliefs, you must change your behavior or be a hypocrite. I'm putting my money where my mouth is. I pity you for not understanding that this is the only way to guide capitalism.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    16. Re:Limited times by psnyder · · Score: 1
      I appreciate your pity, and I'm thankful for people like you that can guide capitalism properly.

      However, I never mentioned compromising ethics. Far from it, I agree with you in not compromising them.


      To understand what was meant, you have to hold three thoughts in your mind at once.
      1. A creation is separate from the creator. (meaning: a table is not a carpenter)
      2. Different creations have different values.
      3. All humans (including yourself) have taken stances defending faulty logic. (meaning: they've made mistakes)

      Mature reflection upon these 3 priori leads to certain understandings:
      All creators have made mistakes, including the creators of your most favorite art, music, and literature, yet the creations have their own values.
      The mistake a creator makes does not necessarily cause a mistake within their craft.


      You believe it is unethical to pay for a craft created by someone you believe to be mistaken. I'd submit that if that were the case it would be unethical to buy anything.

      However, if you distinguish the creator and the creations as separate entities, you can assign different values to each creation.

      For example, your signature, "Please read and at least attempt to understand comment before replying, kthxbye.", is arrogant, and an obvious attempt to somehow claim intellectual superiority to people you've never met; a defense mechanism. That creation (or use of it) is detrimental; worthless at best and a negative value at worst. But that signature is not you. You are a multifaceted human being that can make good things despite your mistakes. I assign much more value to your other words.

      And the irony is that you seem to be a smart person defending a bad idea due to an emotional attachment to the subject. And this is the exact same thing that Le Guin is doing.

    17. Re:Limited times by drinkypoo · · Score: 1

      You believe it is unethical to pay for a craft created by someone you believe to be mistaken. I'd submit that if that were the case it would be unethical to buy anything.

      Wrong. I believe that people listen to authors only when people buy their books; I believe that buying her books therefore increases her cachet. And since she is saying something that I do not want to be said, buying her books would be wrong. I don't believe it's wrong for people who agree with her and thus would like to help her spread her message to buy her books, but I do believe that they are mistaken.

      However, if you distinguish the creator and the creations as separate entities, you can assign different values to each creation.

      And yet, that is completely orthogonal to my point.

      For example, your signature, "Please read and at least attempt to understand comment before replying, kthxbye.", is arrogant, and an obvious attempt to somehow claim intellectual superiority to people you've never met; a defense mechanism.

      It's a defense mechanism, but not for feelings of inadequacy. It's a defense against the stupid fucking comments I get from people who failed to read my comment, or possibly simply could not understand it. Many people fly right off the fucking handle after reading the first few seconds, and I'd like them not to reply to my comment if they haven't read the whole comment, and at least attempted to understand what I might be saying. This is consistent with my posting history. You can see many examples where I say "If you're saying what I think you're saying, you should (DIAF|Go on with your badself|Get a medal) [depending on the situation] which pretty much proves that I'm at least trying to interpret their words.

      See? You have totally failed to understand my comment, and now I am having to correct you on every point. Yet if you had simply read it for what is there, rather than trying to invent things I didn't say, you wouldn't have had this problem.

      Please see sig.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  5. the parental model by MickyTheIdiot · · Score: 5, Insightful

    It occurs to me that authoring a book should be a lot like raising a child. You should have the right to full control of your progeny for a little while then it's not "yours" any more. To hold on to that relationship too long is unhealthy for everyone involved, including society as a hole.

    This idea that artists control their work forever is unfair to everyone.

    1. Re:the parental model by wjc_25 · · Score: 4, Insightful

      That's a good image; I'll have to remember that one. LeGuin doesn't seem to be saying that artists should hold onto their work forever. She's saying that while the copyright is in effect a large corporation (in this case Google) should not have the ability to twist the law to their own ends. I would have thought the typically left-of-center audience of Slashdot would sympathize with this sentiment.

    2. Re:the parental model by sensei+moreh · · Score: 1

      Or society as a whole! I agree

      --
      Geology - it's not rocket science; it's rock science
    3. Re:the parental model by MickyTheIdiot · · Score: 1

      I write too quickly. It's true.

    4. Re:the parental model by peragrin · · Score: 1

      NO she is saying she wants the Disney model where her great great grandchildren get paid for doing nothing because they are related to her. The google model while not much better at least lets the works become useful after her death.

      --
      i thought once I was found, but it was only a dream.
    5. Re:the parental model by rts008 · · Score: 1

      More of us would be sympathetic with that sentiment if copyright laws/terms were not so out of whack.

      The original terms of 14 years, with an extension to double that was spot on. Now days, 28 years can be an eternity with software, among other digital forms of media.
      Add to that the always connected trend in recent years, social networking, youtube(and similar), etc., and you begin to see that 95+years can seem excessive.(especially when it seems to Joe Sixpack that most rights to stuff is owned by big corporations.)

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    6. Re:the parental model by Zero__Kelvin · · Score: 0

      "To hold on to that relationship too long is unhealthy for everyone involved, including society as a hole ."

      So let me guess ... you are not a professional writer ;-)

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    7. Re:the parental model by Anonymous Coward · · Score: 3, Interesting

      I love how all the people proposing these theories here have never published a book that actually could be sold for real money.

      Why is it unfair that artists control their work? That's like saying that people who build or buy a house should eventually have to give it back to society. If you have talent and tremendous dedication, go make another work that may be inspired by the works you admire. Just don't copy passages verbatim or use the same names.

      If you don't have both talent and tremendous dedication, well then. I guess you post here and get 300 other slashdotters to mod up your posts for each other's approbation.

    8. Re:the parental model by jedidiah · · Score: 3, Insightful

      The "audacity" here is simply a literal reading of the law.

      That law includes the relevant uber-law.

      Copyright is not a natural right but something that the state is allowed to do as a means to some other end.

      What audacity you must have to dictate to me how I use something you've sold to me.

      A song is not a wedding dress. The moment you attempt to conflate the two you are engaging in obvious dishonesty.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    9. Re:the parental model by zippthorne · · Score: 1

      Society as a hole is a good metaphor, though. Or simile.

      --
      Can you be Even More Awesome?!
    10. Re:the parental model by turbidostato · · Score: 1

      "Where do any of you get off saying that there should be a point where things I create should not be mine"

      Because it's fucking obvious. The moment you make something public it becomes, well, public.

      "If my wife makes a wedding dress, why shouldn't it belong to her until she passes it on to my daughter to wear at her wedding?"

      If your wife makes public her wedding dress design why should she expect that nobody will replicate its design? If she doesn't want the design to be copyied, she has the easy solution of maintain her dress well cared in the closet.

      If you mind your mind products being disseminated, just leave them to your own.

      "Would you actually say: You shouldn't own that. You didn't make it! ?"

      Not at all. I would say: It's still your authorship, nobody will deny that but once published the copies are not your own. *I* did the copy so this copy belongs to *me*, not you.

    11. Re:the parental model by jedidiah · · Score: 4, Insightful

      > Why is it unfair that artists control their work?

      Why? Because you have to trample on the rights of others to do so.

      A dress is not in many places at once. If you want to control what happens
      to a dress, or a car, or a chair then it is a fairly simple matter. Any
      attempt to control physical property is by the nature of non-imaginary
      property very limited in scope.

      In order to "control" what's in the ether you have to be ready, willing and
      able to interfere with people in their own homes and businesses in their own
      offices. The scope and scale of the necessary meddling involved is as infinite
      as the nature of the "property".

      COPYright is about making copies. Anything else is just bogus artistic megalomania.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    12. Re:the parental model by icebraining · · Score: 1

      Oh, she can own the paper (and ink!) she wrote the books on forever, and pass it to her grandchildren. Well, nowadays it would be the original DOC file or whatever.

      Please don't mistake IP with physical property. IP is not about *owning* something, it's about preventing other people from copying it.

    13. Re:the parental model by GNUALMAFUERTE · · Score: 0

      You are putting physical property at the same scale as """""""intelectual property""""""" (No amount of quotes is enough for that travesty).

      Your wife can be buried to rot in that dress for all I care. Now, preventing every woman from making a similar dress is STUPID. That's what copyright is.

      Your book is the one you wrote. You don't want other people copying your book? Then don't fucking publish it.

      --
      WTF am I doing replying to an AC at 5 A.M on a Friday night?
    14. Re:the parental model by Zero__Kelvin · · Score: 0, Troll

      "Your wife can be buried to rot in that dress for all I care. Now, preventing every woman from making a similar dress is STUPID. That's what copyright is."

      Nobody is saying don't go out and write a story in the style of your favorite author. They are saying the story the author wrote is theirs. Buy the right to read it if you want, but don't steal it, make copies, and give them away.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    15. Re:the parental model by Zero__Kelvin · · Score: 1, Insightful

      "Because it's fucking obvious. The moment you make something public it becomes, well, public."

      The only thing that is obvious is that you have no idea what you are talking about. Nobody "made it public." When the author says: hey, here's my story. You can all have it and copy it and give it to others!" then we have a license for that called creative commons. If it wasn't released under that license or something similar, it wasn't "made public"

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    16. Re:the parental model by Dare+nMc · · Score: 3, Insightful

      The google case is only about 2 things 1) out of print "orphaned books." 2) showing small sections of all other books.
      She is only complaining about the orphaned books. I would support her if she was proposing some way of saving these books, it appears to me her real motive is she doesn't want google awaking competition to her books. Her only proposals seamed aimed solely at increasing the cost to google, not increasing access to these books.

    17. Re:the parental model by xZgf6xHx2uhoAj9D · · Score: 1

      It's more like building a house, selling it to someone else, and then trying to dictate what the new owner can and can't do with their own house! The bits of artists controlling their works has the nice side-effect that it helps them get paid and no one's against artists getting paid, right? The problem is it gives them all sorts of bizarre rights that don't exist in any other domain in society. If a woodworker tried to keep control of his art after he'd sold it he'd be rightly told to go fuck himself; why is a writer given special permission to tell people what to do with the things they've bought just because they're creating something that's not physical?

    18. Re:the parental model by Anonymous Coward · · Score: 0

      including society as a hole.

      I've never seen it written quite so... Freudian.

      How's that pronounced exactly?

    19. Re:the parental model by jedidiah · · Score: 1

      And what work precisely is Google doing this sort of thing with?

            "disseminating to anyone who cares to download a copy"

      OTOH, a full text search database is a very handy thing. It's even more
      handy than the virtual DVD jukebox I have of every bit of media I have
      ever owned on optical disk.

      I even have a Gutenberg CD and a Baen CD in there.

      Really? What works are the Google boys giving away. Please be specific so
      that we can take advantage before jerks like you shut them down.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    20. Re:the parental model by jedidiah · · Score: 1

      The moment you made a million copies, you made it public.

      A wedding dress is more like your social security card. It is not something you ever published and it's something you never intend to publish.

      It's "personal papers".

      This "copyright fixation" that people have with information needs to die a quick death.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    21. Re:the parental model by ChipMonk · · Score: 1

      I have news for you pal. If I sell you a book, you already don't have the right to make copies of it and give them to anyone who wants one.

      And I have news for you, pal. If that book is the King James Bible, or "A Christmas Carol," or "Frankenstein," yes, I do have the right to copy those texts, freely. Within my lifetime, I have always had that right. Within your lifetime, you have never had the right to prevent me from making such copies.

      That is the point of the phrase "for limited time" in Article 1, Section 8 of the US Constitution. We are all richer for these works having passed into the public domain.

    22. Re:the parental model by Zero__Kelvin · · Score: 0, Troll

      "The moment you made a million copies, you made it public."

      So what you are saying is that Microsoft Windows is owned by the general public. You need to accept that you haven't thought this thing through at all, or you will go through the rest of your life making ridiculous claims that can be refuted with a single point like the one I just made. The first step to solving a problem is accepting you have one and understanding what it is. Right now your problem is that you have no idea what you are talking about, but keep talking anyway.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    23. Re:the parental model by rmushkatblat · · Score: 1
      That's called "rent".

      It definitely something we do with houses, cars, and furniture (hey, obviously with art too). I hope you've heard of it.

    24. Re:the parental model by GNUALMAFUERTE · · Score: 1

      Since the author remains in possession of the original book after I make a copy, It's not stealing.

      There's already a name for it, It's called copying.

      So, If I BUY a copy of the book from the author, and make a copy of it, is that stealing?

      Does reading it and memorizing the book still count as copying it? Does mentioning the book to a friend count as trademark violation?

      This is stupid.

      http://www.maxconsole.net/content_img/pirnotheft.jpg

      --
      WTF am I doing replying to an AC at 5 A.M on a Friday night?
    25. Re:the parental model by Draek · · Score: 3, Interesting

      True. Thing is, however, that we've been screwed for so long by copyright laws that to many of us, this Google deal is a perfect opportunity to shout "fuck you!" to those scumbags in return, even if it's not the best way to go about it (mostly because only Google gets the benefits, the "opt-out" can stay as far as I'm concerned).

      --
      No problem is insoluble in all conceivable circumstances.
    26. Re:the parental model by Draek · · Score: 1

      I love how all the people proposing these theories here have never published a book that actually could be sold for real money.

      No, we for the most part create far more useful works. You may know them as "software" and "mathematics".

      --
      No problem is insoluble in all conceivable circumstances.
    27. Re:the parental model by Idiomatick · · Score: 1

      So that book I bought and paid for... What right does the person I bought it from's great grandchildren have to say to my great granchildren about what they do with the book?

      If I bought that dress and died it blue or sold it to a friend or even *gasp* had someone make blueprints from it... while offensive you couldn't sue me for 1million dollars (or w/e copyright violations go for today).

      Copyright holders of today have a weird sense of entitlement that is hard to see since it is normal today. Take an author of any place or time >200 years ago and they'll tell you that you've gone mad.

    28. Re:the parental model by shutdown+-p+now · · Score: 2, Insightful

      The google case is only about 2 things 1) out of print "orphaned books." 2) showing small sections of all other books. She is only complaining about the orphaned books.

      No, she's complaining that all books are assumed "orphaned" by Google, unless the author notices and tells otherwise.

      The only sane way to fix copyright is by significantly reducing the term (so that true orphaned works just fall into public domain quickly). The "Google solution" is nothing but a corporate power-grab.

    29. Re:the parental model by Idiomatick · · Score: 1

      If i buy that house from a builder and want to rent it out, let others enjoy it... hell just have guests. You expect me to pay the builder?

      Anyways copyright law is supposed to be there to ensure works are produced, that artists have sufficient encouragement to go out and make things. That happens in under 20 years for music probably under 5.

      The goal isn't to make artists happy. If we made laws to make specific groups happy then fuck I want free computers. And I'd be wicked happy if I could imprison people that don't use my software, just because. See my point?

    30. Re:the parental model by iphinome · · Score: 1

      Because said work is almost certain to contain stuff scraped from works already in the public domain. In the western world maybe an allusion to a bible story or fairy tale? A phrase Shakespeare managed to add into the English language? Anything that's part of the hero's journey has likely been done before. No doubt what someone gets published is different enough to be a new work but it would be built on the collective culture that came before it. When a work is controlled forever or a patent lasts forever sooner or later everything starts to infringe on everything else, with nothing you can build on there's no progress. Copyright is a compromise, we delay building on your work for a few years while you try to make a buck and in exchange after those few years we get to make copies of your whatever, remix it, re-imagine it, see how it works when you replace the puppies with kittens, see how the story changes if it takes place in a different place or time or maybe just reference the one clever phrase you've ever come up with in your life. If you want to keep control forever don't publish.

    31. Re:the parental model by Genda · · Score: 1
      Society as a hole is a good metaphor, though. Or simile.

      I believe "Sphincter" is the word you're rooting around for...

    32. Re:the parental model by roju · · Score: 1

      You're making a big assumption there. There are lots of creative folks on slashdot.

    33. Re:the parental model by Anonymous Coward · · Score: 0

      I hope somebody mods you up. This distinction is the whole problem with "Orphaned Works". The work is either "orphaned" or it's dependent on a staff with lawyers to aggressively defend it.

    34. Re:the parental model by ringm000 · · Score: 1
      The most important reason is: why not? I suppose you're one of those guys thinking private property is a god given right. It is not. If the government would not stop me, I could just come with a bunch of well-armed guys and take what's yours. Private property right is given to you by government because it has been shown to be beneficial for economy. Also, market economy is not a god chosen system, as opposed to planned economy. It just works better. Copyrights, patents and trademarks are also government provided rights, and it is done because it is thought it is beneficial for the economy if author receives due compensation for his work.

      Now, you see, while material goods are constantly produced, consumed and destroyed in this society in necessary quantities, having limited use and limited lifetime, useful information is not destroyed. Accumulating information forms certain concepts called "culture" and "science", and this process is called "progress of human civilization". Everything we do is based on ever-growing heap of information, and if the cost of using this information grows together with the size of the heap, our progress will eventually grind to a halt. However, appropriate compensation for creation of this information is necessary to stimulate production of this information, so some middle ground must be found here. Middle ground, and not perpetual government enforcement of some weird god-given right you say you have.

      You could say "don't buy my book if you don't agree with my license", but the government could as well just say "don't distribute this book if you don't agree with my copyright enforcement rules". And if not for government there would be no protection.

    35. Re:the parental model by ChipMonk · · Score: 2, Insightful

      I see your previous two comments were marked "Flamebait" and "Troll." Normally, I am skeptical of such moderations, but in your case, I agree completely. The parent to this comment provides even more demonstration why such ratings are appropriate; I would be hard-pressed to come up with a better ad hominem snipe.

    36. Re:the parental model by mjwx · · Score: 1
      not to detract from your point but...

      What audacity you must have to dictate to me how I use something you've sold to me.

      In a straight sale, yes you have a point but many types of sales are not as simple as a single trade for money. Contact (rental and services) sales and licenses for example. For example if I buy a phone contract the phone company is able to reserve a few rights with the provides services (granted not many so this becomes a pretty bad analogy). If I buy a phone and pay for it via the service contract then the company may also place some restrictions on what I can do with this until I have fully paid for it (as in the entire contract).

      A better analogy is if I rent a car, the rental contract prohibits me from disassembling the vehicle.

      The problem with the media cartel is that they are trying to merge license (contracts) with first sale (sorry, this is probably called something else but I cant remember it). So you buy a product for a once off price (first sale) but they want after sales license restrictions without having to provide services (media shifting when a new format is released) or after sales support.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    37. Re:the parental model by cpt+kangarooski · · Score: 1

      When you buy the CD, you buy the right to listen to the song in perpetuity. You don't buy the right to make copies and give them to anyone who asks.

      You've got it wrong, actually.

      Everyone has a natural right to make copies of works, to modify works, to distribute copies of works, to perform and display works, etc. This is known as free speech. It is why I can stage a performance of Romeo and Juliet, even charging admission, if I please, without having to be William Shakespeare or getting permission from him, directly or through some third party. I have a right to repeat the words of others.

      Copyright is not a right to actually do anything. Rather it is an exclusive right; a right to exclude others from doing the things they normally are free to do with the work. Copyright allows an copyright holder to prohibit someone else from making a copy of a book, but it doesn't even give the author the right to make copies of the book himself (for example, if the book is libelous, or if it contains child pornography, etc.).

      When the copyright doesn't apply, due to its limits, or when it expires, the copyright holder simply stops being able to prohibit other people from doing as they like; their inherent rights can be freely exercised, but they were always there from the get-go.

      So getting back to your example: No. When I buy a CD, I buy a CD. I do not buy a right to listen, because the copyright holder lacks any copyright-based 'listening right' he can grant to me. My right to listen originates from my mere existence, and he simply lacks a right that prohibits me from exercising it, so I can do it as I see fit. I also have an inherent right to make copies and distribute them, but that he can prohibit me from doing, so long as he has a copyright he can wield against me. When the copyright evaporates due to age, or when it doesn't apply due to particular circumstances (e.g. making copies as fair use, or when allowed by the AHRA), then again, my inherent rights are in control.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    38. Re:the parental model by Anonymous Coward · · Score: 0

      I don't think you are getting it. The author still owns and retains the original transcripts. Copyright is about copies. You are using the tired old 'piracy is theft' analogy while talking about copyright, which is misleading at best.

      A closer analogy would be, 'If my wife makes a wedding dress, why should anyone else be able to make one that follows the same design (even coincidentally with no knowledge or access to my wife's original), or even one that I deem too similar, and if they do, myself (or my family in the event of my death) should have the right to stop them or demand reasonable reparations', and that is a VERY different statement.

      From your analogy, the author would still own the 'wedding dress' (the source notes, original manuscript, etc.) unless they chose to sell them willingly.

    39. Re:the parental model by ElusiveJoe · · Score: 1

      To hold on to that relationship too long is unhealthy for everyone involved, including society as a hole.

      Thanks God, you haven't misspelled this "society as a whore". Oops.

    40. Re:the parental model by top_down · · Score: 1

      Next time you use a big word like 'audacity' make sure you understand at least a little bit of the issue at hand.

      The discussion is not about who owns the wedding dress (or book) that your wife made. Your wife owns it forever, no discussion. The discussion is about someone seeing and liking that dress and making a copy of it. Who owns what rights to that second dress, that is what this is about.

      And while you're considering this issue remember that practically everything you know and have was copied from someone else.

      --
      Anyone who generalizes about slashdotters is a typical slashdotter.
    41. Re:the parental model by One+Monkey · · Score: 1

      As a creator of largely neglected works that I believe may, in time, prove to be of some wider value I would like to agree with the following caveat.

      The author of a given right should have conferred upon them the right to a token of copyright fiat. That is upon creation a work enters the public domain by default. Then, at such a time as the author chooses, the right of copyright fiat is invoked and runs its term. After it is over the work is once again in the public domain.

      This circumvents the inherent unfairness of something neglected during a "from creation" copyright term suddenly becoming popular years after creation. It also means that copyright can be restricted to as few years as necessary for a creator (or their descendants) to benefit from a first flush of popularity. I think five years in such a case might even be a little overlong.

      --
      www.nodicerpg.com - Some RP stuff for free, some not so for free, but still cheap.
    42. Re:the parental model by Dare+nMc · · Score: 1

      No, she's complaining that all books are assumed "orphaned" by Google, unless the author notices and tells otherwise.

      Not true at all from my reading of the settlement. Only if the book is out of print, did this settlement give up anything but "fair use" rights. Yes authors do have to opt out, if they don't want google showing small portions of the book, in a effort to sell the book. That is not what she was complaining about.
          IMHO google did pay to avoid the risk of loosing part of this "fair use" argument (this is showing small parts of the book in attempt to sell that book, currently selling is all through a third party like amazon.) The orphaned books were a different part of the deal for books no-longer in print. If the book is not in print, google would have the exclusive right to sell a e-book/copied version they scanned, and give 63% of the revenue to the rights holder on record. Until the rights holder opts out, then google would have to stop selling.

    43. Re:the parental model by Darinbob · · Score: 1

      Google initially started with the pie in the sky idea to make ALL books available for searching (aka, reading in their entirety if you want). Only later did someone start to worry about the legal issues involved, after the steam roller had started moving. That's the Google way - think of a cool idea and then do it, and worry about the details later. The only reason they have opt-out in the first place instead of steamrolling them all, is that someone pointed out there might be some slight legal snags. So redirect the steam roller; instead of all books, it'll be all books that someone at Google thinks is abandoned (ie, they're essentially doing the whole abandonware gig and the moral dubiousness of that concept). But that's a confusing issue, once you've got some lawyers in the company who understand the law (as opposed to the abandonware sites). So the opt-out is just a convenient fiction (pun intended) to let them keep the steam roller going.

      The only reason this idea is going to work is that Google currently is so big (even though just a bubble) that any inevitable lawsuits can be ignored. If they get the big publishers on board then the only legal objections can be drowned out. Whoever has the most lawyers wins.

      There's no moral imperative here to get all books online, it's just a "cool" idea. That's part of why Slashdot is against anyone saying anything bad about Google, because this is a "cool" idea. So we've got Slashdotters who are for abandonware also being for Google, and people who like cool things being for Google, and people who want new technology to triumph being for Google.

    44. Re:the parental model by Dare+nMc · · Score: 1

      ALL books available for searching (aka, reading in their entirety if you want)

      True, if you want to spend most of your time reading a paragraph, searching for the next paragraph then repeating. Google put in limits, so even this is only working if using tor, and deleting cookies.

      inevitable lawsuits can be ignored.

      since google pays the authors, of out of print books, more ( 63% of profits) than publishers typically pay those with in print books. Who is going to sue, if the publishers are on board? Granted this deal was in reaction to a lawsuit, with both sides less than 100% confident of the outcome, so each side gave some. That's actually how the system is supposed to work, to find a reasonable middle ground.

  6. Programmers Are Authors? by Anonymous Coward · · Score: 0

    As a professional code writer (programmer) who agrees with the petition but doesn't have any published books, should I sign or is it not for me and I would harm their process by signing?

    1. Re:Programmers Are Authors? by Andorin · · Score: 1

      As a professional code writer (programmer) who agrees with the petition but doesn't have any published books, should I sign or is it not for me and I would harm their process by signing?

      By supporting restrictions on the free and open dissemination of information, you'd be harming society as a whole by signing.

      --
      That Anonymous Coward guy is pretty annoying. Can we have the government censor him or something?
  7. Uhh, some of the best benefits are NO control... by nweaver · · Score: 3, Interesting

    Part of the beauty of the library is the copyright owner/author/interest holder is NOT able to control access to the work. How many publishers would love to say "this book is for retail sale only: all lending is prohibited" on all their books?

    Sometimes, the interest is maximized when the copyright owner/author/interest holder does NOT have control.

    I think, under a slight variation (ALL others can be under the same terms as google), the proposed Google settlement would be a good thing.

    (Of course, with Google getting effective exclusivity under this agreement, I think its a bad thing, but for a very different reason).

    --
    Test your net with Netalyzr
  8. Doublethink by chrylis · · Score: 4, Interesting

    It seems to me that Ms. LeGuin is engaging in a bit of doublethink: How exactly is anything "free" while it's simultaneously "controlled"?

    (Not to mention, of course, that claiming "legitimate right" is begging the question...)

    1. Re:Doublethink by alvinrod · · Score: 1

      Haven't you read 1984?

      Freedom *is* Slavery.

    2. Re:Doublethink by Anonymous Coward · · Score: 0

      She is a writer. She is trying to sound like she's being reasonable while being unreasonable.

      This ends up sounding like nonsense to anyone who pays attention but something deep and insightful to anyone who's not.

    3. Re:Doublethink by 93+Escort+Wagon · · Score: 1

      Sounds like most of the +5 modded comments I've read on Slashdot over the years...

      --
      #DeleteChrome
    4. Re:Doublethink by gmuslera · · Score: 1

      You live in the US? Then why ask that question?

    5. Re:Doublethink by Anonymous Coward · · Score: 1, Insightful

      Copyright law. The whole thing is a paradoxical balance between control by the author and the freedom of users to (for example) quote excerpts of the work for purposes of "fair use", or loan a book to someone else (library or individually) regardless of the author's wishes. Control with limits. Eventually, the whole thing expires to the public domain and people are free to do what they want with it.

      It's not "doublethink", it's the balance between competing interests that is inherent in copyright.

      People are reading her statement as if it was unintentionally contradictory. She's not dumb.

    6. Re:Doublethink by jefu · · Score: 1

      I suspect that the publisher (and related folks) who own the rights to her works are wining and dining her, and in the process telling her how awful this whole situation is. A bit of operant conditioning as it were - training her that certain stances result in pleasurable times, do that often enough and I suspect the subject will not only support the conditioned stance, but even find better justifications for it.

    7. Re:Doublethink by ElmoGonzo · · Score: 1

      It's free when you take the book out of the library and read it. It's controlled because the library had to buy the book. Or lease it. Or get it donated by someone who bought it.

  9. Her statement seems inconsistent. by BitterOak · · Score: 5, Insightful

    The free and open dissemination of information and of literature, as it exists in our Public Libraries, can and should exist in the electronic media. All authors hope for that. But we cannot have free and open dissemination of information and literature unless the use of written material continues to be controlled by those who write it or own legitimate right in it.

    Her statements here appear contradictory. She says that electronic books should be available as books are available in libraries, but goes on to say that copyright holders must control their dissemination. But copyright holders have no control over the dissemination of books in public libraries!

    --
    If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    1. Re:Her statement seems inconsistent. by cdrguru · · Score: 4, Insightful

      First off, the "dissemination" in a library is indeed tightly controlled. A library cannot lend out more copies then they purchase, and the lending is according to some rules. Libraries do not allow copying and redistribution, for example.

      The second point is what Google is proposing today is one thing, and what happens in the future, should their forced opt-out agreement hold, is quite another. They may use their control over the content in ways that are unforeseen today and extremely unfavorable to authors. No part of their proposed agreement says what they can and cannot do in the future.

    2. Re:Her statement seems inconsistent. by pclminion · · Score: 2, Insightful

      But copyright holders have no control over the dissemination of books in public libraries!

      Yes they do. If the library purchases one copy of a book, they can only loan out one copy of that book. They can't take it into the back room and make thirty copies of it. That's because... wait for it... the author and/or publisher maintains copyright control of that book.

    3. Re:Her statement seems inconsistent. by BitterOak · · Score: 1

      First off, the "dissemination" in a library is indeed tightly controlled. A library cannot lend out more copies then they purchase,

      True, and that's a good point.

      and the lending is according to some rules.

      Ahh, but it is the library that makes these rules, not the author!

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    4. Re:Her statement seems inconsistent. by drinkypoo · · Score: 1

      But copyright holders have no control over the dissemination of books in public libraries!

      Her statements are contradictory, but not for this reason. In fact, you have failed the semantics test. Copyright holders most certainly have control over the dissemination of information in books in public libraries, including eBooks. You must purchase one copy for each loan you wish to make. Libraries use DRM on internet eBook loaning (except as permitted by the publisher) to prevent multiple-loaning.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    5. Re:Her statement seems inconsistent. by lawpoop · · Score: 1

      Your mistaken dissemination for copying.

      Go into any public library, and you will find that they will actively stop you from photocopying wholesale any of their books -- but they're happy to lend them to you! In other words, they abide by the copyrights of the author and publisher.

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    6. Re:Her statement seems inconsistent. by eldavojohn · · Score: 2, Insightful

      Her statements here appear contradictory. She says that electronic books should be available as books are available in libraries, but goes on to say that copyright holders must control their dissemination. But copyright holders have no control over the dissemination of books in public libraries!

      You're right but the biggest problem is the phrase 'information and literature.' I have a bigger problem with her logic that information should be controlled. Had she said 'arts and literature' I would have written a lengthy response attempting to identify with her or at least asking what her desired end state is. But when you start to advocate control of information, you kind of lose me on pure principle.

      Now I'm not naive enough to think that fiction and nonfiction are a pure dichotomy and would open dialogues of the works of great historians. But I agree that capitalism (especially current implementations) have flaws when rewarding artists versus -- say -- an engineer. I would also agree that they are not always fairly reimbursed for their contributions to society. And that's a subjective thing so of course you will never get it right. But if you purchasing books used to be their major income and now -- if what she fears is true -- you can get a lot online for less cash, how is she reimbursed? I guess we'd need major clarifications on the Google book deal. Like who will set the prices? Google? The publisher? The author? She, of course, fears for this control and I hope she contacted Google about clarifications on this before speaking publicly as this could just be a misunderstanding.

      In the end, she has a right to her opinion. She should never have joined the Authors Guild as they turned out to be horrid representatives for her. I don't know what effects -- if any -- her open resignation had in that community but she made a poor choice in joining. She has a right to express her opinion, I'm curious to see how many authors agree with her. As you pointed out, books are available for my lending in a library so what if an online scheme could do the same thing? Especially for out of print books and the agonizingly slowly growing population of those in the public domain.

      --
      My work here is dung.
    7. Re:Her statement seems inconsistent. by msobkow · · Score: 1

      The great inconsistency I see is that when a book is lent out through a library, only n copies can be lent out at a time, depending on how many copies the library bought. But with electronic distribution, any number of copies can be "lent" at a time.

      --
      I do not fail; I succeed at finding out what does not work.
    8. Re:Her statement seems inconsistent. by Zero__Kelvin · · Score: 2, Funny

      "Ahh, but it is the library that makes these rules, not the author!"

      Actually it is an evil group conspiracy! involving the publisher, library, the law, and physics:

      • The publisher sells X number of copies, thus limiting availability and making sure they amd the author - GASP! - receive money for their efforts
      • The library decides who they will and won't allow to borrow the books they - GASP - paid for !
      • The law says you cannot make a copy of the book
      • Physics insists that the same physical book cannot be read by two different people in two different places at he same time
      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    9. Re:Her statement seems inconsistent. by tjbassoon · · Score: 1

      I would mod this up if I had points today.
      I think you're the only person reading this that understands how libraries work and how that doesn't directly translate to the digital world (due to the physical issues you claim). It's just too damn easy to pass a copy around in the digital age. Libraries never really had that as an issue.

    10. Re:Her statement seems inconsistent. by leomrtns · · Score: 1

      Indeed. The inconsistency becomes more apparent if you abstract the sentence to "X cannot be free unless it is controlled by Y". She is free to defend the control by copyright holders, but she cannot claim that this control is equivalent to "free and open dissemination".

    11. Re:Her statement seems inconsistent. by Anonymous Coward · · Score: 0

      It's not that hard to understand. She's saying that electronic distribution should allow the same kind of freedom as a regular book in a library (e.g., browsing or loaning books), but also the same kind of protections (i.e. someone can't walk in the door of the library and legally make a copy of the whole thing, or even take it home and do the same thing, without violating copyright).

      It's meant to be a paradox with a proper balance in between somewhere. Copyright has always been like that. The challenge is doing it when the material is digital, which tends to skew things. It's easy to copy, and the technological controls on copying are dumb (they hinder legal activities that are allowed for paper, such as fair use and lending).

      I think people are mistakenly thinking the contradiction shouldn't be there. Yes, it should.

    12. Re:Her statement seems inconsistent. by Angst+Badger · · Score: 2, Insightful

      But copyright holders have no control over the dissemination of books in public libraries!

      Actually, they do. To get permission to distribute a book in libraries, the library must purchase the book, or at least receive it via a chain of physical ownership that begins with someone purchasing the book. And even then, the library cannot simply sell or otherwise distribute additional copies they make of the book.

      What Le Guin is complaining about here is that, unlike the deal she made with her publisher to make and sell copies of her books, the Google deal is being forced upon her by organizations she did not empower to act on her behalf. Google is engaged in a virtual land grab by taking advantage of the long lag time between technological advances and the legislatures being populated by people who actually understand the technology.

      Even if you belong to the "data wants to be free camp" -- with which I have some sympathy -- it's not like Google is going to be freely distributing copyrighted works. They're going to charge us for them, provide the authors with terms that they unilaterally dictate, and do so in a market in which they will have a virtual monopoly, enabling them to charge any price the market will bear without significant competition. Both readers and writers get shafted in this arrangement. Only Google comes out ahead. And once Google has turned a substantial chunk of the body of human knowledge into their product inventory, as a publicly-owned company, they're practically obligated by law to devote their enormous resources to lobbying for further copyright extensions in order to protect the interests of their shareholders.

      Ursula Le Guin is not one of the bad guys here. She's spoken out against copyright extension before, and done so quite eloquently. All she -- and I would assume the vast majority of authors -- is asking for is for something like the original intent of the Constitution on the subject to be honored: to secure for a limited time the right of creators to their creations. And not to be subject to coercion just because a giant corporation has the resources to walk all over a bunch of private individuals.

      --
      Proud member of the Weirdo-American community.
    13. Re:Her statement seems inconsistent. by Zerth · · Score: 1

      Actually, she was a member of the Author's Guild, although she's quit since the settlement.

      But she, and everyone else needs to remember who the "Devil" in this deal is. Google didn't screw everyone else by giving themselves the exclusive right to archive & so forth, the Author's Guild screwed their own member and everyone else by giving Google an exclusive deal.

      I suppose you could blame the US courts/legal system for making it necessary for anyone else wanting to do this to force a lawsuit with a traitorous organization before they can reasonably achieve the same deal.

    14. Re:Her statement seems inconsistent. by Anonymous Coward · · Score: 1, Insightful

      • Physics insists that the same physical book cannot be read by two different people in two different places at he same time

      I have a video camera and a Skype account that claim otherwise.

    15. Re:Her statement seems inconsistent. by 10101001+10101001 · · Score: 1
      • Physics insists that the same physical book cannot be read by two different people in two different places at he same time

      The existence of mirrors is a physical impossibility and a lie!

      --
      Eurohacker European paranoia, gun rights, and h
    16. Re:Her statement seems inconsistent. by Zero__Kelvin · · Score: 0, Troll

      They lied to you. Study time a little better.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    17. Re:Her statement seems inconsistent. by Idiomatick · · Score: 1

      "Physics insists that the same physical book cannot be read by two different people in two different places at he same time"

      This just gave me a new idea for google..... All they need to do is keep all the books open in a warehouse with webcams pointed at each book, and little robots to turn the pages. They won't be making illegal copies since the law doesn't know what RAM is and think that the net is made of tubes...

      Anyways google is like a library but way wayyyyy more efficient. And so you know, its mostly (almost all) libraries that scanned the books for google. :P

    18. Re:Her statement seems inconsistent. by Cyberllama · · Score: 1

      Her strongly worded objection doesn't seem to match what Google is doing/planning to do anyways. The only way in which you might view rights holders as being denied the right to control how their works are disseminated is in the very limited sense that the whole scheme is opt-out instead of opt-in. But to the extent that anyone CAN opt-out, it's clear that she or anybody else still has ultimate control of their own works. With that in mind, I just can't quite grasp what her true objection is.

    19. Re:Her statement seems inconsistent. by chilvence · · Score: 1

      Don't be daft. I can set myself up an audience and read a book to as many people as I like, they all get the benefit of the story without paying the author a penny. There's a classic example of a physical book being 'read' by more than one person at the same time! Just because the internet is inherently more flexible and powerful than that example, doesn't mean it's not an extension of the same thing. Is there something illegal there? Should all the kids in a classroom be expected to own a copy of a book that is being read to them or else they are breaking the law? Should families be carted away in black vans because Johnny and Timmy don't have a seperate licence to hear the material their mother is reading to them?

      I'm not about depriving writers of earning a living, but you have to admit, sharing on the internet is nothing more than an extension of existing habits that have been a part of human culture since the beginning of time, hearing a story, recanting it to others...it just happens that it suddenly is impossibly easy to do. which is why telling people not to do it is like telling dogs not to bark...

    20. Re:Her statement seems inconsistent. by Anonymous Coward · · Score: 0

      I looked briefly at what is proposed by this settlement and I do not understand her complaints. And while library lending may be controlled in that they only have purchased or kept a limited number of copies, I still do not see how the google proposals damage authors. If the book is still in print it provides another avenue of publication - and the terms allow for the rights holder to determine the price - giving 60+% of the revenue to the rights holder.

      As to out of print books - if you are an author and your book is out or print because your publisher no longer feels there is a viable market, what is the beef? Your book has 0 sales.

      The only thing I see somewhat objectionable in the terms is that photographers may be getting hosed in that photos i ncluded in a book are not considered as part of the copyright of the book. I don't know anything about how copyright and revenue streams are assigned when a photographer agrees to one of their photos being included in a book.

    21. Re:Her statement seems inconsistent. by cynyr · · Score: 1

      SO then google should just start buying up many many copies of the books and putting them online and letting them only be viewable by X people at the same time? Sounds like a plan.

      --
      All of the above was encrypted with a Quad ROT-13 method. Unauthorized decryption is in violation of the DMCA.
    22. Re:Her statement seems inconsistent. by Zero__Kelvin · · Score: 0, Troll

      You chose to infer what I clearly did not in any manner way shape or form imply. I identified how it works now. You cannot solve a problem unless you first understand it. Is there any part of what I said that you don't understand? I'd be glad to clarify, but don't make ridiculous assertions because when you do you add to the problem. If you aren't part of the solution then you are part of the problem.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
  10. The French would disagree by tjstork · · Score: 4, Funny

    This idea that artists control their work forever is unfair to everyone.

    The French would disagree with this. They have single handedly foisted on the world ever longer copyrights since the 19th century. I don't know why the French are this way, but given that they have invented croissants, mayonaisse and champagne, I'm inclined to believe them.

    So it looks like the French are our new political football in America. Liberals loved the French when they were anti-war, and now, here we are, conservatives, saying, "hey, look at how great France is", in order to support copyrights.

    Oh France! Some Americans will always hate you, but America as a whole will always love you!

    --
    This is my sig.
    1. Re:The French would disagree by tjstork · · Score: 1

      and now, here we are, conservatives, saying, "hey, look at how great France is", in order to support copyrights

      I get it too that there are many liberals for copyright and conservatives against. I was just making a joke about the role of France in the USA.

      I'm actually increasingly against copyrights and patents because I think they create a social inequality between different kinds of workers. A man that builds a house, can only charge once for that house. A man that writes a computer program, or a song, can charge over and over again. This to me is unfair, because honestly, I think building a house is some pretty damned hard work. But, all tributes to the working man aside, the deal is that copyright and patents are an economic distortion created by the government.

      --
      This is my sig.
    2. Re:The French would disagree by Enter+the+Shoggoth · · Score: 2, Informative

      This idea that artists control their work forever is unfair to everyone.

      The French would disagree with this. They have single handedly foisted on the world ever longer copyrights since the 19th century. I don't know why the French are this way, but given that they have invented croissants, mayonaisse and champagne, I'm inclined to believe them.

      So it looks like the French are our new political football in America. Liberals loved the French when they were anti-war, and now, here we are, conservatives, saying, "hey, look at how great France is", in order to support copyrights.

      Oh France! Some Americans will always hate you, but America as a whole will always love you!

      Ironically enough the French stole the croissant from the Austrians - perhaps Vienna should lodge a DMCA takedown notice against every patisserie in Paris.

      --
      Andy Warhol got it right / Everybody gets the limelight
      Andy Warhol got it wrong / Fifteen minutes is too long.
    3. Re:The French would disagree by jdrugo · · Score: 1

      The French would disagree with this. They have single handedly foisted on the world ever longer copyrights since the 19th century. I don't know why the French are this way, but given that they have invented croissants, mayonaisse and champagne, I'm inclined to believe them.

      You shouldn't love them too much for their croissants, as those were blatantly copied from the Austrians, who created the croissant's predecessor, known as the 'Kipferl', which - after being introduced by a Viennese into the Parisian society - was copied by French 'viennoiseries' and became the croissant. Luckily - for them - intellectual property protection wasn't going havoc in the 1830s, yet.

      .

    4. Re:The French would disagree by Anonymous Coward · · Score: 0

      hey hey hey... France is life +70 (+30 if you died in service). U.S. is 95years or life + 70, or 120years (from creation if not published). Meh though, Mexico is Life +100.

    5. Re:The French would disagree by Jeremy+Erwin · · Score: 1

      Does a kipferl taste like a properly made croissant (you know-- plenty of butter, lots of careful folding, ends up taking two days to make because that's how long it takes to rise in the refrigerator, etc...) or does it merely look crescent shaped? The crescent shape is the least of the croissant's charms.

    6. Re:The French would disagree by Anonymous Coward · · Score: 0

      Croissants have been invented by the Viennese, mayonnaise by the inhabitants of Menorca and champagne by an english monk.

    7. Re:The French would disagree by SecondHand · · Score: 1

      French "droit patrimonial" gives an exclusive right that runs until 70 years after the death of the author. If wikipedia is correct, it says that in the US it's: 70 years after the death, or 95 years after publication, or 120 years after creation.

      You see, the French are not that bad. They certainly do not lobby for infinity. And they have changed the limit only twice in over 200 years.

      (Sorry for the links to the French pages, but I found them clearer.)

    8. Re:The French would disagree by left00coaster · · Score: 1

      Your comment makes little or no sense. Perhaps you haven't noticed, but once it has been built, a house may, over its entire lifetime, benefit only one, single family. More if it is sold, rented, etc. Books, music and other artworks are designed to benefit a much larger population. That not only creates, but demands, the built-in social inequality you are complaining about.

  11. Re: Your Grammar (``Author's'') by Anonymous Coward · · Score: 0

    Quoth Strong Bad's fantastic ``Rhythm N' Grammar'' album: ``Ooooh! If you want it to be possessive it's just I-T-S, but if it's supposed to be a contraction then it's I-T-apostrophe-S... scalawag.''

    Or you can ask Bob the Angry Flower for grammar advice. (*)

    *: Warning. Angry flower may be angry and sneer at you. Or worse.

  12. On limited times by John+Whitley · · Score: 2, Interesting

    Ironically, given the state of copyright legislation, it seems that a good compromise position would be to ditch the Google Book Settlement (reverting control to authors) and slash the duration of copyright to a tiny fraction of its current amount (opening a vast amount of works into the public domain -- and into electronic archives). Google and other companies could then negotiate terms with authors for rights to enter newer works into their archives as well. Offhand, I'd target between five to twenty years or so, possibly varying in that range depending on renewals, etc.

    1. Re:On limited times by tinkerghost · · Score: 4, Interesting

      Offhand, I'd target between five to twenty years or so, possibly varying in that range depending on renewals, etc.

      Some economic studies done have shown that the original 14/28 year lifespan on copyright produces the most incentive to authors while still allowing the works to become the basis of new works within the lifespan of the original purchasers of that work.

    2. Re:On limited times by Anonymous Coward · · Score: 0

      14/28 years makes sense to me for the 18th century, when publishing a book is a time-consuming manual affair, and your potential audience is maybe a few tens of thousands of literate people in your home state. If the potential audience is (say) a thousand times larger today (through larger population, higher literacy, and easier communication), then surely the copyright period should be a thousandth its earlier length?

    3. Re:On limited times by tinkerghost · · Score: 1

      If the potential audience is (say) a thousand times larger today (through larger population, higher literacy, and easier communication), then surely the copyright period should be a thousandth its earlier length?

      Sure, 10 days seems like a good time frame for a copyright limit. [thwap]

      Copyright is supposed to be an incentive for creative people to continue to create. Locking a work up for 2-3 generations doesn't provide that incentive. Nor would shortening the length of time below that needed to create 2-3 works (not every work is going to provide a viable source of income).

      The average lifespan of a book in print is about 5 years. Finding any given 10 year old book in print is a hit or miss proposition. If it was a great success, it's probably had multiple printings and you might be able to find a copy. If it was just another book to fill shelf space, it's probably only found in a specialty shop or a used book store.

      The LOC is full of recording that are technically still under copyright, but they have the only copy and it's either unplayable, or nearly so. Companies don't want copyright, they want permanent ownership and control of the 0.01% of things that have a 'long tail' big enough to make money off of indefinitely. The rest is too much work to preserve, but they won't let anyone else have it because they're paranoid that someone somewhere may make a buck.

  13. Exactly by Scareduck · · Score: 1

    Le Guin is one of my least favorite writers. This reminds me why.

    --

    Dog is my co-pilot.

    1. Re:Exactly by zippthorne · · Score: 1

      Dog is my co-pilot.

      He's there to bite you if you try to touch the controls?

      --
      Can you be Even More Awesome?!
  14. Begs question by Junior+J.+Junior+III · · Score: 1, Insightful

    But we cannot have free and open dissemination of information and literature unless the use of written material continues to be controlled by those who write it or own legitimate right in it.

    Why not?

    --
    You see? You see? Your stupid minds! Stupid! Stupid!
    1. Re:Begs question by CoolGopher · · Score: 2, Informative

      No, it raises the question. Begging the question is quite different.

      *casts fireward on himself*

    2. Re:Begs question by Junior+J.+Junior+III · · Score: 3, Insightful

      From the site you linked to:

      What is "Begging the Question?"

      "Begging the question" is a form of logical fallacy in which a statement or claim is assumed to be true without evidence other than the statement or claim itself. When one begs the question, the initial assumption of a statement is treated as already proven without any logic to show why the statement is true in the first place.

      Sure sounds like LeGuin is begging the question to me. That's exactly what the quote from the summary shows her to be doing. Unless the summary didn't bother including the rationale for her argument, I'd say she's begging the question.

      --
      You see? You see? Your stupid minds! Stupid! Stupid!
    3. Re:Begs question by Anonymous Coward · · Score: 0

      Sorry, but descriptivism wins.

      Meanings change, and I've never seen proof that the two statements didn't independently evolve anyway.

      Besides, as someone on a computer geek site, you should be comfortable with the overloading of phrases ;)

      Just for you, I shall be sure to use the term 'begs the question' in the common sense, sometime soon. It pleases me to know that it annoys you :)

  15. Forward this mail to five of your author friends! by Anonymous Coward · · Score: 0

    ... and by employing the the ever-ineffective "online petition," she's proven once again that she's clueless about the internet.

  16. It'a an attempt to do "public domain". by khasim · · Score: 5, Insightful

    Google is attempting to re-create "public domain" in an industry where Disney is trying to kill it.

    In this instance I'm in favour of Google as being the "lesser" evil.

    Because Disney is still raking in the revenues on old works, they will continue to pay Congress to extend the copyright period. Public Domain will die. At least this way SOME works will still be available.

    1. Re:It'a an attempt to do "public domain". by Anonymous Coward · · Score: 0

      Why not choose none of the above. Reject both Disney's & Google's plans. Its not like those are the only options.

      Less evil is still evil.

    2. Re:It'a an attempt to do "public domain". by kabloom · · Score: 2, Interesting

      Interesteing... Google as an equal and opposite reaction to Disney (and the MPAA/RIAA). We should actually try to get around to *fixing* copyright, particularly if Google doesn't get its settlement, it would probably use its financial resources lobbying muscle to fix this in a more general way in the legislative arena.

    3. Re:It'a an attempt to do "public domain". by shutdown+-p+now · · Score: 1

      Google is attempting to re-create "public domain" in an industry where Disney is trying to kill it.

      I fail to see how this is so, given that only Google possesses those special rights to just use works as they see fit in the absence of explicit restrictions, and not you or me. With that in mind, how this is in any way "public"?

      Or did I miss Google becoming a non-profit, state-run organization at some point?

      Or do you mean to imply that, when Google takes over and becomes the world government, this will become the new "public domain"? ~

    4. Re:It'a an attempt to do "public domain". by TubeSteak · · Score: 1

      Google is attempting to re-create "public domain" in an industry where Disney is trying to kill it.

      If you want to recreate the public domain, make sure the works belong to the public.
      Google is appropriating what could be a public good for their private gain.

      If Google was really "attempting to re-create "public domain"", they'd gift the whole thing to the Library of Congress, the Internet Archive, or some other non-profit. Google's actions break the fundamental bargain that is copyright law: for a 'limited' time, only you can control what happens with your works. The fact that Disney has been raping the definition of "limited" is not an excuse for Google to also ignore copyright.

      --
      [Fuck Beta]
      o0t!
    5. Re:It'a an attempt to do "public domain". by DerekLyons · · Score: 1

      Google is attempting to re-create "public domain" in an industry where Disney is trying to kill it.

      How, exactly, does Google's sole right to reproduce and disseminate an authors copyrighted works re-create public domain? The works won't be in the public domain, they'll be controlled by Google.

    6. Re:It'a an attempt to do "public domain". by a_n_d_e_r_s · · Score: 3, Informative

      Actually Google don't have sole rights - you can have the same rights if you want.

      AFAIK Googles deal is non-exclusive so you can get the exactly same deal.

      --
      Just saying it like it are.
    7. Re:It'a an attempt to do "public domain". by DerekLyons · · Score: 1

      Actually, Google will have sole rights - that's why some many different groups are protesting the 'settlement'.

      And even if I could get the same rights as Google, that still means I have to pay - which isn't public domain.

    8. Re:It'a an attempt to do "public domain". by Anonymous Coward · · Score: 0

      google is attempting make money. Don't pretend they are some fucking heroes of the common man. Its a multi billion dollar corp with shareholders.

    9. Re:It'a an attempt to do "public domain". by reg106 · · Score: 3, Informative
      Google had sole rights in the original settlement, but that has changed in the revised settlement.

      In September, the Justice Department laid out its concerns in a memorandum and in October, Google and its partners pledged to revise the settlement. The revised agreement was submitted to the U.S. District Court for the Southern District of New York in November, making it easier for other companies to license Google’s digital collection of copyrighted but out-of-print books and established the position of an independent fiduciary, or trustee, who would be solely responsible for decisions regarding so-called orphan works, the millions of books whose rights holders are unknown or cannot be found.

      This article does not specifically cover non-exclusivity, but that was another issue that changed in the revision.

    10. Re:It'a an attempt to do "public domain". by Anonymous Coward · · Score: 0

      It is my understanding that this will be a class settlement and apply only to the parties involved. If someone wants the same deal, they will have to go through their own class lawsuit. Most organizations don't have the power and wealth to muscle this kind of settlement from the other party. So good luck getting the same deal.

    11. Re:It'a an attempt to do "public domain". by Anonymous Coward · · Score: 0

      And all you have to do is attempt the same thing, have the publishing industry launch a lawsuit against you and successfully elevate it to class-action status, work out a settlement that covers even authors not represented by either side in the suit, and get a judge to go along with it.

      It's so simple!
       

    12. Re:It'a an attempt to do "public domain". by DerekLyons · · Score: 1

      In other words, it's still Google's exclusive content which you can then license from Google. You can't get the 'same deal' and it's still not public domain.

    13. Re:It'a an attempt to do "public domain". by reg106 · · Score: 1

      As I indicated, the previous article does not cover non-exclusivity, but no part of the settlement that I can find indicates that Google is receiving exclusive rights. I don't see any articles claiming that anymore either. Another organization could, in theory, negotiate a similar deal. but then the organization would still need to digitize all the content, so licensing digitized content is more feasible. Forcing Google to license the digitized content considerably increases potential access by other organizations. (After all, scanning this many books is not cheap.

      I never claimed that it was equivalent to being public domain. My post addressed "sole rights," i.e. exclusivity. Google does not really "control" the works, given that the agreement is not exclusive, they are forced to license the digital content, and an independent fiduciary is responsible for decisions regarding orphans.

      Note that the opt-out issue applies to in-copyright, out-of-print books only. Turning on preview for in-copyright, in-print is opt-in, and out-of-copyright books are by definition in the public domain.

  17. huh? by circletimessquare · · Score: 4, Insightful

    "The free and open dissemination of information and of literature, as it exists in our Public Libraries, can and should exist in the electronic media."

    ok

    "All authors hope for that. But we cannot have free and open dissemination of information and literature unless the use of written material continues to be controlled by those who write it or own legitimate right in it."

    huh? you just logically countered your initial statement

    either its free, or there's control. i love ursula k leguin. in fact, i noticed cameron ripped her off with the "every plant is a node in a giant neural network" idea in avatar. it was a short story of hers, i forget the name, and she played it like a horror movie instead. but leguin isn't seeing the bigger picture here, despite her prodigious and keen powers of insight as shown in her works of fiction. kinda like the mathematics professor who can't balance his checkbook, i guess

    "We urge our government and our courts to allow no corporation to circumvent copyright law or dictate the terms of that control."

    i agree 100%. except that already happened many decades ago, and has only gotten worse. existing copyright law no longer serves creators. it serves distributors

    such that creators today actually make out better releasing for free, and deriving ancillary revenue streams from their popularity: advertising, endorsements, personalized content, movie deals, etc.

    current copyright law will not serve you to make more money than this all-free-on-the-internet model. it will only serve some asshole in a distribution company. a distribution company that serves no function anymore in the world of the internet

    the internet has made ip law defunct. and this aids creators: direct interaction with your consumers. the only people that are hurt is the parasitic middlemen in between

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:huh? by MichaelSmith · · Score: 2, Interesting

      Will your movie be free on the internet?

      An by the way I don't believe google and the internet mean that content has to be free. I am fine with creators who charge to download their works, but I don't download DRM controlled formats. But at the same time I can't really be bothered distributing free copies of stuff I may have downloaded. I have 5 gigabytes of CDs on my laptop which I am not sharing with others, mostly because they would pick on my taste in music...

    2. Re:huh? by russotto · · Score: 1

      either its free, or there's control. i love ursula k leguin. in fact, i noticed cameron ripped her off with the "every plant is a node in a giant neural network" idea in avatar. it was a short story of hers, i forget the name, and she played it like a horror movie instead.

      Using ideas from frothing-at-the-mouth copyright absolutists like LeGuin is Cameron's stock in trade; Harlan Ellison successfully sued him over _Terminator_ for the similarity between the opening sequence and Ellison's story _The Warriors_.

    3. Re:huh? by Cyberllama · · Score: 1

      Your post had good arguments, sadly I couldn't see past the fact that you were not capitalizing the first letter of each sentence. I felt as though perhaps you should have been arguing passionately for ponies, rather than copyright reform.

    4. Re:huh? by Opyros · · Score: 2, Informative

      i love ursula k leguin. in fact, i noticed cameron ripped her off with the "every plant is a node in a giant neural network" idea in avatar. it was a short story of hers, i forget the name, and she played it like a horror movie instead.

      "Vaster than Empires and More Slow", collected in her anthology The Wind's Twelve Quarters

    5. Re:huh? by QuantumG · · Score: 1

      Yes, and he's been doing that for nearly 15 years now.

      You're not the first person to tell him that he writes like a retard and you won't be the last.

      --
      How we know is more important than what we know.
    6. Re:huh? by bit01 · · Score: 1

      in fact, i noticed cameron ripped her off with the "every plant is a node in a giant neural network" idea in avatar.

      Dozens, probably hundreds of stories have used this idea before and after Leguin. A lot of people don't realize just how many SF stories have been written. e.g. Amazing Stories magazine. There's not much new under the sun.

      ---

      The patent system. The whole edifice is based on handwaving.

  18. Who? by Xenious · · Score: 1

    Can't say I've heard of 'em. Next....

    --
    -Xen
    1. Re:Who? by Anonymous Coward · · Score: 1, Funny

      can't say i ever heard of you but that didn't stop you from opening your pie hole, you fucking cunt. next

    2. Re:Who? by mgblst · · Score: 0, Flamebait

      You sound so proud of your moronic ignorance. Congratulations, you can now go join the republican majority.

    3. Re:Who? by Anonymous Coward · · Score: 0

      Still smarting from Massachusetts? Wait till you see what's REALLY coming.

  19. Bounty System. by Master+Moose · · Score: 5, Interesting

    Here is how (I think) I would do it. I start to write a book. I will release a few chapters for free online. I could and would even solicit feedback from these chapters. I now start a bounty. I would want X dollars for my work and a little bit to keep me going. Once I have reached X dollars, I will finish my story and release it as an e-book - free for any and all to read, share and do pretty much anything with besides alter or make money off of. If I fail to reach my bounty - it would be because people didn't want my story - why should I get paid for or release/finish something no one wants? They key to this idea is that I get compensated what I believe I should and get compensated(until a movie studio wants to buy the movie rights). And no one gets denied my literary genius :) The public does not even need to know how much my bounty is - maybe I would let them know what percentage has been obtained - and if unreached, I would guarantee refunds.

    --
    . . .gone when the morning comes
    1. Re:Bounty System. by turbidostato · · Score: 1

      "Here is how (I think) I would do it. I start to write a book. I will release a few chapters for free online. I could and would even solicit feedback from these chapters. I now start a bounty. I would want X dollars for my work and a little bit to keep me going."

      Wow, you invented warm water, no less.

      I'll tell you a secret: that's exactly how Alexander Dumas (and a lot of others) made his life.

    2. Re:Bounty System. by adamkennedy · · Score: 1

      If I worry about whether you will ever finish the book, why would I bother paying for the first chapter (or even bother starting to read the story at all)

    3. Re:Bounty System. by Nerdfest · · Score: 1

      Didn't Stephen King try this, and end up not finishing the story? I may be mis-remembering the situation ...

    4. Re:Bounty System. by Anonymous Coward · · Score: 0

      I think Mr. King tried this.

      And failed to raise enough money.

    5. Re:Bounty System. by ParadoxDruid · · Score: 1

      That system already exists. It's called the Ransom Model, and one of my favorite authors, Greg Stolze, has been using it quite extensively. http://arcdream.livejournal.com/4645.html

      --
      This statement is solely an opinion. Kindly take it as such in all cases.
    6. Re:Bounty System. by mgblst · · Score: 1

      Cool.

      So you will not mind getting fired from your job, and starting to use such a system for yourself, to make money? Because these people are fighting for their income. It is far too easy to suggest an unproven method to make money, and that they should all be happy about the changing world.

      Not saying that she is correct, but it is too easy to talk about other people losing their jobs.

    7. Re:Bounty System. by Master+Moose · · Score: 1

      I was not specifically talking about her situation and her losing income. This is slashdot goddammit! I barely read the synopsis and def didn't RTFA.

      What I wrote was fantasy - not necessarilly practical but if feasable, I would love to be able live by such a system.

      --
      . . .gone when the morning comes
    8. Re:Bounty System. by Master+Moose · · Score: 1

      One day I will have an original idea! (maybe)

      --
      . . .gone when the morning comes
    9. Re:Bounty System. by turbidostato · · Score: 3, Interesting

      I didn't mean it to ashame you. Yours is quite a good idea. So good indeed that it has been proved successful: you told nothing but a story published by the chapter, a very common way for a writer to make money, especially during the XIX century (the only difference being that instead of rising a public bounty is was a deal directly between the author and the periodic publisher): that's the way people like Dumas, Poe, Conan Doyle and a lot of others made a living.

      As a general matter, reaching a deal *first* and only *then* make the work is a proven way to avoid risking your efforts. The world has changed and now publishing and copying an art work has lost its added value for the most part... so what? Find a different means to reach a deal *first* and work *after* that and you'll be safe. History has shown a lot of different ways to acomplish that.

      And then, all this issue about "rigths" and "think of the authors!" begs the cite from Robert Heinlein (I hope this one to become such a common meme that will shut up RIAA et al. right on their first word):

      "There has grown up in the minds of certain groups in this country the notion that because a man or corporation has made a profit out of the public for a number of years, the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary to public interest. This strange doctrine is not supported by statute or common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped, or turned back."
      Robert A. Heinlein, Life-Line (1939)

    10. Re:Bounty System. by Anonymous Coward · · Score: 0

      Stephen King did something like this in 2000 with "The Plant": 75% of downloaders had to pay for it, or he would stop releasing chapters. I believe it kind of worked.

    11. Re:Bounty System. by ElusiveJoe · · Score: 1

      Than you would end up with something cheap and stupid, comics alike. "Will MooseMan escape from the Egyptian tomb, where he was trapped by Evil Genius? Pay 4.99$ and find out!"

    12. Re:Bounty System. by Arancaytar · · Score: 1

      You are being unrealistically non-greedy. What if everyone thought like you?

      (We'd have an information-age utopia, that's what. Not going to happen.)

    13. Re:Bounty System. by MotorMachineMercenar · · Score: 1

      You could do that with Kickstarter http://www.kickstarter.com/

      --
      "We have an A-Bomb...what more do you want, mermaids?" --I.I. Rabi, speaking in defense of Robert Oppenheimer
    14. Re:Bounty System. by Anonymous Coward · · Score: 1, Insightful

      Stephen King tried something like this and it failed. Why? Because no-one wants to read part of a book and then wait in the hope that they may get to see the rest later. If an already famous author can't swing this then I don't think Master Moose can...

    15. Re:Bounty System. by Anonymous Coward · · Score: 0

      And indeed, someone is already way ahead of you on this.
      http://www.kickstarter.com/

    16. Re:Bounty System. by PhilHibbs · · Score: 1

      Interesting idea, but how would you guarantee the refund? Sounds like this needs an administering body to hold the funds in trust. Also, it only works for writers who can live on other assets or income whilst writing their first book.

    17. Re:Bounty System. by mdielmann · · Score: 1

      Interesting idea, but how would you guarantee the refund? Sounds like this needs an administering body to hold the funds in trust. Also, it only works for writers who can live on other assets or income whilst writing their first book.

      And how would this be different from just about every other author out there?

      --
      Sure I'm paranoid, but am I paranoid enough?
    18. Re:Bounty System. by PhilHibbs · · Score: 1

      Authors can get advances from publishers, but I guess you're right, I don't know if many first-time authors can get that.

  20. Does anyone understand what she is trying to say? by Demonantis · · Score: 1, Insightful
    I think I am missing some part of the argument. What she is saying makes no sense.

    The free and open dissemination of information and of literature, as it exists in our Public Libraries, can and should exist in the electronic media. All authors hope for that.

    So she wants to share everyone to have access to her books and ideas. I think thats awesome and wonderful.

    But we cannot have free and open dissemination of information and literature unless the use of written material continues to be controlled by those who write it or own legitimate right in it. We urge our government and our courts to allow no corporation to circumvent copyright law or dictate the terms of that control.

    What? This so now sounds like the RIAA. Your in a catch 22. You can't control information once you free it from its box. It seems like you want your cake and eat it too.
    That said I agree that the Google deal is not legit in any shape or form. You can't just force a party into an agreement especially how this one is worded. I hope this might be a turning point where Google is forcing the world to look back onto itself and realize how absurd the copyright laws are in their current state. And eventually copyright reform might occur, but I doubt that will ever happen.

  21. Re:Uhh, some of the best benefits are NO control.. by Scrameustache · · Score: 1

    Part of the beauty of the library is the copyright owner/author/interest holder is NOT able to control access to the work. How many publishers would love to say "this book is for retail sale only: all lending is prohibited" on all their books?

    I'm pretty sure I've seen that in print... might have been on a sound recording though.

    --

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

  22. "free and open" or "controlled"? by Punto · · Score: 1

    Why would "free and open dissemination of information" be controlled by anyone? how can it be "free and open" and "controlled" at the same time?

    --

    --
    Stay tuned for some shock and awe coming right up after this messages!

  23. Miracle Jones? by Anonymous Coward · · Score: 0

    Wow, with a name like that, what would she choose as her porn name?

  24. LeGuin's stance on copyright is so 20th century by kasper_souren · · Score: 5, Interesting

    LeGuin wrote some very interesting books. Unfortunately her stance on copyright is a bit too 20th centure to my taste.

    Doctorow: "I did this with the understanding that reproducing, for the purposes of commentary, a single paragraph originally published in a noncommercial venue, was fair use under 17USC, the American copyright statute. Ms Le Guin disagrees, and though I haven't heard from her personally, my understanding is that she disagrees on the basis that taking the whole story can't be fair use. I have taken the piece down. The last thing I wanted to do was quote Ms Le Guin against her wishes, and had I known sooner that she objected to being quoted, I would have removed it sooner. " http://www.boingboing.net/2007/10/14/an-apology-to-ursula.html

    1. Re:LeGuin's stance on copyright is so 20th century by dunkelfalke · · Score: 1

      All her interesting books were written decades ago. Nowadays all she writes is feminist supremacy shit like Tehanu.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    2. Re:LeGuin's stance on copyright is so 20th century by Shimbo · · Score: 1

      LeGuin wrote some very interesting books. Unfortunately her stance on copyright is a bit too 20th centure to my taste.

      Well, Doctorow is too much of a jerk for mine. He reproduced another's writers work in full without permission, and can't even manage a proper apology.

    3. Re:LeGuin's stance on copyright is so 20th century by Anonymous Coward · · Score: 2, Insightful

      Actually, it is pretty clear that excerpts of modest size are allowed most of the time under fair use, but the whole work (even if it is short) becomes a lot more debatable. There are still occasions when quoting/reproducing an entire work is okay, but these are less common.

      If I was Doctorow, I sure wouldn't have quoted the whole of LeGuin's "On Serious Literature" story without seeking permission first. Look at it. It's pretty long, and what Doctorow did by quoting the whole thing was was therefore pretty dumb. Just because something is formatted as a "single paragraph" does not automatically mean quoting it is carte blanche okay, and usually if you are going to do that sort of thing (use something in its entirety) you do ask the author. See, it's this part that bugs me from Doctorow's comment:

      "However, I still believe that my quotation was fair use."

      That's a big HUH? from me. I'm not a lawyer, but, no, it almost certainly wasn't, and how Doctorow could fail to understand this is beyond my comprehension, especially after he "discussed it with copyright scholars". Yeah, he's technically right that "the proportion of the work in quotation is one factor in determining fair use, but not the only one", and he's right that "fair use" isn't something that is always clear, but did he ask how likely it would be for *his* use in *this*instance* to qualify for "fair use"? I bet the same batch of copyright scholars would reply with something like: "It's not impossible, but it has about a snowball's chance in hell".

      I don't think any of this means LeGuin doesn't understand these things or has an archaic understanding of copyright (although I think she is wrong to imply copying an entire work is always not fair use, even if she is probably right in this instance). I think it means she understands copyright law and common courtesy pretty well, while Doctorow was way off, and she was justifiably miffed with him. The whole thing is an "I apologize, but still think I was right in the first place" apology. Not very satisfying.

  25. "Free" vs. "Controlled" by Anonymous Coward · · Score: 2, Insightful

    "Lending" and free are not one and the same. Libraries do lend, but are still controlled by copyright - that is, they cannot allow someone to copy an entire book, but the can lend it out to be read. Likewise, reading online should be okay but downloading (which would allow for unlimited copying) should not. I see nothing contradictory between "free" and "controlled" when you take this into account.

    1. Re:"Free" vs. "Controlled" by jedidiah · · Score: 1

      Sure they are.

      The only difference is scope and speed.

      It just takes longer for a single library to allow for the disementation of a particular work to every person in town for the price of a single copy.

      The same basic essential "problem" remains.

      It's just that it would be political suicide at this point for an author to complain about libraries. Otherwise, I am sure someone like Le Guin gladly would "go for the juggular". Her altercation with Doctorow is a good indication in this regard.

      Although the mythical Google-as-book-piratebay idea seems to be a big fat trumped up bogus red herring here.

      If anything, it's more like shopping mall with every book dealer on the planet represented.

      --
      A Pirate and a Puritan look the same on a balance sheet.
  26. Google is a BUSINESS by Anonymous Coward · · Score: 0

    and libraries are not. Google is trying to make money off of someone else's work without paying that person. Libraries are buying the book and then loaning it out for the sake of information, not for profit.
    Google can either give money to the authors or a non-profit can be set up, run by the gov even, to do the same.

    1. Re:Google is a BUSINESS by Faerunner · · Score: 1

      I'd rather Google gave the money to the libraries. They were the ones who paid for that particular copy of the book that Google's now scanning...

  27. Le Guin is now the Lars Ulrich of fiction by Anonymous Coward · · Score: 1

    It's about control! No wait... fans, it's all about the fans!

    Now where did I put my cane?

  28. Bored by Anonymous Coward · · Score: 0

    I'm fucking tired of Google related articles, please open googledot.com and discuss this shit there.

  29. Ursula Le Guin is old and senile by harrytuttle777 · · Score: 4, Insightful

    Copyrights are a detriment to human progress. When Benjamen Franklin and others created the idea of the public library, it was so that people could free themselves from ignorance and use their new found knowledge to create a better life for themselves and posterity. Now in the year 2010, that dream dream of free knowledge for freedoms sake is very very sick. In the USA, libraries are shutting down earlier and earlier, and the masses are kept satiated with a steady supply of pointless entertainment, and meaningless work. Copyright "rights holders" want to keep you in ignorance and beholden to them for knowledge.

    However there is hope on the horizon. Thanks to the up-coming and inevitable e-book revolution, the written word will be free from the printed page, and those that would control those pages. Let us burn down the publishing houses, and give a Kindle to every man, women and child. Those that want to make a living of the work and sweat of others e.g. Publishing houses, the Author's guild, and the descendants of the writers who still want to be Paid 70 plus years after the actual author's body has been eaten by worms should find themselves dead in the street.

    Ursula Le Guin did some good work in her day. We should respect Ms. Guin, like we respect a slightly senile and kindly Grandma, but we should not let our lives by run by your old grandparents.

    -Strike a blow for freedom today, by downloading an illegal e-book today and reading it.

    1. Re:Ursula Le Guin is old and senile by Anonymous Coward · · Score: 0

      bullshit. people are willing victims to pointless entertainment. even if books were free readership wouldn't increase by much. sure, more people would have more books but how many of them would ever get read?

    2. Re:Ursula Le Guin is old and senile by harrytuttle777 · · Score: 3, Interesting

      Actually, my Kindle has increased my reading dramatically. Now that I have thousands of public domain e-texts at my disposal, I have brushed up on early American history (Benjamin Franklin) and Marry Shelly. I would never have been acquainted with these authors, unless the Kindle had been invented. So I thank Amazon for doing a little be to better my literacy, and make my world a little less barren.

      As for your point about people willingly entertaining themselves to death;
      If lawyers can sue Mc. Donald's for making hot coffee, why can't we hold the cable TV corporations for retarding a generation.

      -Regards

    3. Re:Ursula Le Guin is old and senile by ElusiveJoe · · Score: 1

      Let us burn down the publishing houses, and give a Kindle to every man, women and child.

      I hope you're trolling, Mr. fahrenheit911.

    4. Re:Ursula Le Guin is old and senile by Faerunner · · Score: 1

      Because "no one" wants to sue. (I do, but the two of us probably won't make much headway). The cable companies would argue that they are providing shows which are clearly popular and in demand, and that it's down to personal responsibility whether someone watches them or not! Short of doing life-long studies on separated twins; one who watched TV and the other who read/exercised instead, you won't have the "scientific" data necessary to prove that TV rots your brain and to win the lawsuit. In the meantime, you'd also be fighting off rabid American Idol fans.

      I've had a lot of people tell me that human nature is unchangeable. Humans by nature are lazy, greedy, sloppy little things whose main purpose in life is to eat, evacuate and procreate. When those 3 are taken care of, we get lazy. It apparently takes a lot of willpower to eat a healthy diet, potty-train your kids and abstain from the easiest, most base entertainment out there (TV). Sure, you read more books 'cause you have a Kindle. I'd read more books if I remembered to get those audio disks from the library so I could listen while I drive. Then again, I read at home because we don't subscribe to cable. We are trying to overcome our lizard-brain instincts. Hand the nearest ghetto-dweller a Kindle, and you think they'll download Mary Shelley?

      Education is awesome and books are awesome and TV sucks, but it will take a massive cultural overhaul before handing someone a book will encourage them to turn off the TV, let alone actually "better their literacy". Can it be done? Probably. Will we see it during our lifetimes? Don't hold your breath.

  30. that's ok for you by circletimessquare · · Score: 1

    but how would you enforce those rules on a million technologically savvy, media hungry, and, most importantly, POOR teenagers

    the future is now, get used to it

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:that's ok for you by MichaelSmith · · Score: 1

      They are not rules. The poor teenagers are more likely to want something in return for passing on content they have got their hands on than to seed a torrent for the benefit of others.

  31. Bull by Anonymous Coward · · Score: 0

    Once you make something public, it's public. I'm a little biased here-- I write exploits for a living. As soon as more than a handful of people get a look at these, not only does someone publish my work with their own name on it, another group of people goes and modifies the targetted product, destroying the entire work. (which could take up to a year). So fuck artists, really. If you want to retain control of your work, keep it private. We have to.

  32. I support her position by Anonymous Coward · · Score: 0

    I support her position

    1. Re:I support her position by Anonymous Coward · · Score: 0

      And I support your right to waste my screen space.

  33. Absolutely! by Weezul · · Score: 4, Insightful

    Google does not need the settlement if copyright were restored to the original 14 year timeframe! All books older than 14 years should be indexed by google by virtue of being in the public domain. Authors and publishers should play the search engine game like everyone else during that 14 years.

    --
    The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
    1. Re:Absolutely! by electrosoccertux · · Score: 2, Interesting

      Google does not need the settlement if copyright were restored to the original 14 year timeframe! All books older than 14 years should be indexed by google by virtue of being in the public domain. Authors and publishers should play the search engine game like everyone else during that 14 years.

      Random sidenote, can you imagine how much more culture we could consume if everything were limited to 14 years?
      I wonder how many authors would continue writing?

      This is very frustrating to me.

    2. Re:Absolutely! by remmelt · · Score: 3, Interesting

      How many writers still sell their books more than 14 years after they're first published?

    3. Re:Absolutely! by hitmark · · Score: 3, Interesting

      more like, how many publishers keep the authors book in print for the full 14 years...

      i am hard pressed finding a book that was printed 5 years ago, unless i head for the library. And there is no indication that the publisher plans to do more print runs.

      --
      comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
    4. Re:Absolutely! by jecblackpepper · · Score: 1

      While I do agree with you, the counter-argument is that if there is so much stuff available in the public domain then there might be less revenue (and hence) available for a new work (since some/many people will choose to go for the cheaper/free public domain works) - thus meaning that fewer new works get produced since there is less profit. Of course it would settle down to a new equilibrium pretty soon anyway and society as a whole would be much better off. Unfortunately media corps don't like the idea of potentially less profit.

    5. Re:Absolutely! by Anonymous Coward · · Score: 0

      How many writers still sell their books more than 14 years after they're first published?

      Take a look at nonfiction and reference. Our textbook took eight years to write from start to publication and was (C) in 1995. It's still in print and selling at the same rate as 10 years ago--in part this must be because no one else has created a better textbook. The sales rate is pretty low (about 1000 copies/year), it's used as a text book for a niche subject in engineering where the fundamentals don't change rapidly. We are not getting rich, but it's nice to be appreciated (and paid!) for the 8 years (of no pay) that it took.

      I'd rather not spend my time watching Google to see if they've decided that I died. Or if there is a rumor that the book is out of print because Amazon can't squeeze a good deal out of our small publisher and lists our book as "out of print". Yes, Amazon has actually done this, more than once.

    6. Re:Absolutely! by Weezul · · Score: 2, Insightful

      Copyright always had a framework for extensions to 28 years.

      You might alternatively create a universal opt-out deal beyond 14 years : Copyright like normal for the first 14 years. After 14 years, the author may still order any entity to cease distribution, but the author is no longer entitled to damages from distribution prior to filing the order. So authors could still make any serious publisher pay up, including google, but overall most works still effectively enter the public domain.

      --
      The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
  34. Re:Uhh, some of the best benefits are NO control.. by lawpoop · · Score: 1

    Part of the beauty of the library is the copyright owner/author/interest holder is NOT able to control access to the work. How many publishers would love to say "this book is for retail sale only: all lending is prohibited" on all their books?

    This is the same mistake another poster made. Go to any library and try to make a photocopy of any of their volumes in its entirety. They will stop you, because they are going along with the copyright scheme where the owner controls the right of making copies, not who is holding on to an individual volume. But of course, that same library is very happy to lend you any of their copies!

    Books are more like CDROMs than internet downloads. If I give you a CDROM, I don't have it any more -- I haven't made a copy of it. It sucks that this must be explained to the slashdot crowd, but here we are.

    --
    Computers are useless. They can only give you answers.
    -- Pablo Picasso
  35. Public Domain. by SetupWeasel · · Score: 1

    As a fellow artist I'd like to say that most of her work should be in the public domain anyway. Quit lobbying for a copyright system that really screws everyone over. Do you have enough money to be comfortable? Then shut the fuck up.

    1. Re:Public Domain. by Anonymous Coward · · Score: 0

      Isn't there already enough in the public domain for you to be comfortable? Then shut the fuck up.

  36. She should take a lesson from her own books by Torrance · · Score: 1

    Le Guin should take a lesson from her own books. Her novel The Dispossessed portrayed an (imperfect) anarchist-communist society, in which no one owned a thing. They adhered to the maxim "property is theft." In fact, I believe she once claimed that, of all the political theories, anarchist-communism was the one that appealed to her most.

    Pity.

    1. Re:She should take a lesson from her own books by shutdown+-p+now · · Score: 1

      Le Guin should take a lesson from her own books. Her novel The Dispossessed portrayed an (imperfect) anarchist-communist society, in which no one owned a thing. They adhered to the maxim "property is theft." In fact, I believe she once claimed that, of all the political theories, anarchist-communism was the one that appealed to her most.

      If you're willing to supply food and clothing and other things a man needs to live to her for free, as it works in anarcho-socialist society such as the one in The Dispossessed, she might be willing to share her writings for free as well.

      As it is, we live in a society where things cost money, so regardless of one's ideals, one has to get paid to survive.

  37. not true by circletimessquare · · Score: 1

    and besides, i'm talking about creators self-distributing. let every sleazebag who gets their hands on what is available for free from the creator try to redistribute it at cost second hand. good luck with that

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  38. I have to support Google at this point by Sycraft-fu · · Score: 1

    Reason is that copyright terms are so damn stupidly long. Given that a work is not only copyrighted for the life of an author, but for years after that, it is a major problem. What happens if an author has died and you really aren't sure who owns the rights?

    If copyright got dialed back to a reasonable term, then I'd say sure, let's not do this. Google can publish anything out of copyright, or anything given to them. However as it stands if you don't have some sort of opt out system it will mean that defacto almost nothing will be available on there.

  39. Re:Does anyone understand what she is trying to sa by mgblst · · Score: 1

    So she wants to share everyone to have access to her books and ideas. I think thats awesome and wonderful.

    What she says, and what you say are too very different things, that is possibly why you don't understand.

  40. Irony or hypocrisy? by Anonymous Coward · · Score: 1, Insightful

    Le Guin is disturbed by the settlement's attempt to shift Google Books' right to distribute works from opt-in to opt-out.

    And yet in her new petition letter against that act, she is automatically appending as "signatories" all of the authors who had joined her earlier list of authors opposing the settlement, unless they opt-out by tomorrow.

    It seems she's quite willing to shift other authors right to sign petitions from opt-in to opt-out when it suits her, so obviously she's not unfamiliar with the impracticalities of tracking them all down to grant permission for book sales, petitions, or anything else.

  41. Unreasonable by b4upoo · · Score: 4, Insightful

    If copyright laws were the same way as they were 100 years ago there would be cooperation from the public. But these days copyright has gone way too far in many ways including fair use restrictions as well as lasting for way too many years. Content creators are getting too much protection as it now stands.

    1. Re: Unreasonable by cdrguru · · Score: 1

      Once copying became easier than buying, the idea of "cooperation from the public" was out the window.

      Back around 1985 at the dawn of the floppy trading era, copyright was pretty much doomed without some serious work. What happened instead was schools became the environment where copying and pirating was trained rather than instilling any sort of respect. Sometimes it was the teacher that told the students that they were just copying something because the school (and the teacher) couldn't afford the price for everyone having a legitimate copy. This pretty much made it clear that if you didn't have the money, you could just copy.

      Well, this is where things are today. Digital goods in all forms are pretty much just free. Why buy when you can just download?

      I understand the author position with respect to Google Books. It is pretty simple - they see something that is currently unused and Google has the resources to make money off it. Contacting each and every author and getting permission would be cost-prohibitive, but their end-run around copyright is something they seem to think they can jam through the courts.

      Isn't that a lot like telling someone their spouse is under-utilized and besides, monogamy is so last-century anyway. They can have their exclusivity back if they opt-out, otherwise it is party time!

      Nobody knows what the future will bring from Google Books. In theory, they are positioned to become the exclusive dealer of all books in digital form, certainly all those that are not current. The problem isn't what they are doing with the rights they seek today, it is what could happen later. And from my understanding of the proposed settlement, there are basically no limits on what they could do because the rights are pretty mucn unlimited.

  42. All of them by thomst · · Score: 5, Insightful

    Copyright law is broken. It needs to be fixed, not fiddled with to Google's advantage only.

    And, given last week's Supreme Court decision removing all restrictions on corporations' spending to influence political decisions, how long do you propose we hold our collective breath?

    Let's face it, folks. Absent a revolution, we've lost this war. At the behest of five assholes in black party dresses, America has now officially become a plutocracy. Money talks and public interest walks.

    Not that that's any great change from business as usual, you understand. It's just official now.

    I'd weep for my poor, broken-ass country, if I wasn't so busy trying not to become homeless ...

    --
    Check out my novel.
    1. Re:All of them by Anonymous Coward · · Score: 0

      Maybe if Google would not be granted its own law they would get some money to change the one that is pushed on us.

    2. Re:All of them by yuhong · · Score: 1

      Getting rid of the money equal speech thing would be the first step.

  43. Re:Authors deserve to be paid! by symbolset · · Score: 1

    Agreed. He would do his thing and let the mice try to bell the cat. He'd find a way to win no matter what the mass did. Lazarus Long was a projection of himself. A grand bastard he was. I miss him.

    --
    Help stamp out iliturcy.
  44. Future of Literature by physburn · · Score: 1
    The whole future of Literature, is up for grabs here. So we need a good legal settlement. I haven't yet read enough about the google book settlement to understand it well enough yet, so I don't know well if it is what Ms Le Guinn says is apt. I can understand her position as a Author. Clearly Authors need to be paid otherwise the profession would disappear as we know it. If Google opens up all or most literature to be free to all, the professional author will be much poorer. I'd hate Authorship to be supposed by corperations with hidden agenders or product placement. Still a world wide free library is great is it not, for learn and the education of the populus. A google library would do much to push the world from the writing in the paper medium to the electronic media.

    ---

    Science Fiction Books @ Feed Distiller

    1. Re:Future of Literature by Faerunner · · Score: 1

      As I understand it, she feels that she/her publisher have "control" over whether or not a book is available for purchase or look-up in your local library (by offering for sale or not, by retiring a book if it's not selling well, putting out new editions with shiny covers for libraries to buy, and by all the while making profits off books sold to libraries). She apparently does not feel that Google Books offers her the same control. This is true on the surface, but I think she's missing something.

      From the way I understood it, the Google Books project was not intended as a public-domain free-for-all when it came to books. It would allow you to search, say, a quote from one of Einstein's essays to find where it was published, but you'd then have to buy or borrow the book from somewhere else in order to read it. I think it's a pretty damn cool idea although I admit that Google having a repository of every text in a single library, let alone every text they can get their massive volunteer force to upload, is a little scary. And I can see why an author would be wary of all of this, especially if Google's not paying to keep the copies they are making. The end-users are only getting text fragments based on search terms, but since Google itself is copying entire books it would stand to reason that they should get permission first, especially if you're the author whose works they're scanning.

      That being said, I don't think Ms. LeGuin's petition is quite on-track. This isn't about controlling her work; her work will be protected in Google's data centers and not pirated or distributed without permission (more than usual, anyway) regardless of whether Google pays for its copy or "borrows" it from the library (see also: copying is not theft). I see a completely different issue here: Why are we relying on Google to do this for us? University libraries have these page scanners (or at least mine did; I assume others have them as well) and professors at my university used them to put selected readings online all the time. What hurdles are standing in the way of public libraries that prevent them from providing this service, instead of relying on a corporation? I'd assume that since a library has already paid to put books on its shelves (unlike Google, which pulled from library resources), it would be acceptable to scan and copy books for an internal backup database, and work in cooperation with Google to provide the keyword search and point users to the appropriate library shelf. IANAL, though, and what seems like it would fall under fair use to me (considering that if I own a piece of software I can make a private "backup" copy of it; why not a book?) might not be. If anything, offering a full text search on a scanned book seems like the toughest thing to pass off because I can't come up with anything that has been done like it. Anyone have insight on this?

    2. Re:Future of Literature by Anonymous Coward · · Score: 0

      Clearly Authors need to be paid otherwise the profession would disappear as we know it.

      Yes, clearly writing did not exist before copyright and nobody publishes writing for free today. Personally, I never write anything without demanding to be paid for it.

  45. Aren't we ALL forgetting the REAL question here? by kale77in · · Score: 1

    Who else has an Ursula-le-Guin-inspired Slashdot login? Lowest UserID wins.

  46. Re:Uhh, some of the best benefits are NO control.. by Idiomatick · · Score: 1

    Other companies are free to scan their own books. Google was only granted legal exclusivity over their scanned copies. They are licensing their copies. Basically to recoup the however many millions they've spent to scan the books. The Books Rights Registry can license to people other than google...

    In addition nothing has passed, a hearing is happening in February.

    And yes, this deal does trample on copyright laws, opt-out is clearly not the idea of copyrights. Personally I wish they trampled on it more and had copyright laws changed but that's me.

  47. Re:Uhh, some of the best benefits are NO control.. by Anonymous Coward · · Score: 0

    Pretty sure Google has offered to share their entire library with everyone and anyone, keeping no advantage to themselves whatsoever despite the excessive costs going into the scanning. Obviously it would be better if this were codified by the law, but the de facto result seems to be the right one.

  48. Without getting into the meat... by Evil+Shabazz · · Score: 2, Insightful

    Without getting into whether what she really means is right or wrong, she contradicts herself and she is not being genuine:

    "But we cannot have free and open dissemination of information and literature unless the use of written material continues to be controlled by those who write it or own legitimate right in it."

    Simply speaking, if something is controlled by any entity, it is thereby not free and open in the truest sense of all words involved. Controlled != free. What she really means is, "I'm trying to appeal to the sense freedom and openness in many communities but I really want to be sure I can always continue to make money on my books."

    --
    Down with the career politician! SUPPORT TERM LIMITS
  49. Never heard of her by Anonymous Coward · · Score: 0

    What did she write?

  50. You've never seen a copy machine in a library? by Anonymous Coward · · Score: 0

    > Libraries do not allow copying and redistribution, for example.

    Really? You mean that your library doesn't have a copy machine in it? Because every library I've ever seen sure does...

  51. Re:Mod Parent Up! by Phrogman · · Score: 1

    please, that quote is golden, I have read it before but it sure bears repeating

    --
    "The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
  52. Jasper by dugeen · · Score: 1

    What a shame - still, given the revisionist Earthsea sequels, and the constant cat litter references in everything she's written since about 1980, perhaps it's just as well.

  53. The Word for World is Paper by bzipitidoo · · Score: 1

    Lot of confusion on these issues. What does LeGuin mean? Her writings are quite liberal, but this petition is a petition for control? Authors don't need "control", they need compensation. The purpose of the control they are granted is to give them means to obtain compensation, nothing more. It is not to hold back technology, and not to dictate to others their notions on what constitutes Fair Use as she seems to have done to Doctorow. It's a shame how often haggling over the amounts and potential amounts and alleged and imagined damages obscures the larger issues. And here we have not just anyone, but a smart, talented and liberally inclined writer of science fiction apparently not getting it. Maybe it's her age-- old dogs, new tricks? Well, the issues are complicated.

    Since Google's book deal is so complicated, I think the best approach is to turn the issue around. It's not "is Google's book deal evil?" It's "How do we get to a paperless office, and world?"

    Well first, do we want a paperless world? Oh yes! Would save a lot of resources that currently goes into paper making, recycling, disposal, transport, ink, printing hardware, etc. How much building space, air conditioning and the like is devoted to book storage? Imagine what sort of a library would be possible: every book, always available, to infinitely many people, and taking far less physical space. Not just books either, but video and audio and who knows what more, maybe Smellovision? Magical indeed! And that still only just touches on the possibilities. As Google has shown, information can be searched. Can also automatically be translated to other languages, read aloud, edited like Wikipedia, reused and run like code, analyzed. We'd be able to do things like pick out new words for dictionaries, run all sorts of statistics and evaluations, use it as test data to see how well some notion works, like this idea of the Word Cloud. What are the most common words and letters? What is most on society's mind, what ideas are most written about?

    So, why don't we have all this? We're not there yet only partly for lack of technology. Maybe today a dead tree book is more energy efficent than an ebook. but if not, we're close and I think eventually it will be much more efficient. How about a tap directly into the optic nerve to generate an image of any text desired, powered by body heat or some such? Potentially much better than what we have now, but what we do have now is workable.

    No, I don't think technology is the main hold up. It's the law. This wonderful paperless word will not be possible until copyright is radically changed or eliminated.

    --
    Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
  54. Basically, she is saying by ElusiveJoe · · Score: 1

    "Hey, guys, I used to be a hippie too, but now I've grown up and I want my f***ing money"

  55. "Enormous burden"???? by Anonymous Coward · · Score: 0

    "Enormous burden"???? How is having to say to Google "please don't use my work X because it's not orphan" an enormous burden. do you not know what your works are???

    And the alternative really DOES place an enormous burden on google (and, indeed anyone): they have to mail EACH AND EVERY INHABITANT OF THIS PLANET a complete list of what they think is orphaned, wait until EVER SINGLE ONE says *specifically* "No".

    THEN they can claim it orphaned.

    1. Re:"Enormous burden"???? by TheVelvetFlamebait · · Score: 1

      Well, perhaps, if they don't want to take the time to OK the mass infringing of other people's rights individually with their respective owners, then they shouldn't be doing it in the first place.

      Or they should advertise and wait for artists to come to them.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    2. Re:"Enormous burden"???? by shutdown+-p+now · · Score: 1

      "Enormous burden"???? How is having to say to Google "please don't use my work X because it's not orphan" an enormous burden. do you not know what your works are???

      An author may know what his works are, but may not be aware that Google has the right to use them without paying.

      And the alternative really DOES place an enormous burden on google (and, indeed anyone): they have to mail EACH AND EVERY INHABITANT OF THIS PLANET a complete list of what they think is orphaned, wait until EVER SINGLE ONE says *specifically* "No".

      The alternative is to reduce the copyright terms, so that orphaned works just end up in public domain. What Google did was a nasty hack of the system that 1) only benefits them (i.e. it's nowhere nearly as good as PD), and 2) does so at the expense of the content creators.

      I'm all for 10 or even 5 year terms (or better yet, unlimited terms, but with a fee to maintain them growing with time). But this isn't anywhere even close to that. If anything, it just serves to cement the existing system in place, because the apologists of existing long terms can now point at Google settlement and say, "see, it's not all so bad" (while at the same time fighting to kill this loophole).

  56. Google isn't screwing her by Anonymous Coward · · Score: 0

    Google isn't screwing her. Her works are not orphaned. They have a real and genuine claimant.

    Now, please tell me why, if Le Quim doesn't want to produce a work, should I be told I cannot? She has lost NOTHING except control that wasn't hers to begin with: government had to grant it.

  57. Bad idea by ElusiveJoe · · Score: 1

    It would also void their contract with author, allowing their competitors to step in. And what is worse, allow free and legitimate digital redistribution. Bye-bye DRM and pay-for-copy business model. No, they would fight to keep her alive.

  58. And EVERYONE gets the freebies. by Anonymous Coward · · Score: 0

    And EVERYONE gets the freebies. But the corporation who did the deed is the ONLY one who pays the price.

    Yeah, let me know how the accountants would figure that one on the profit/loss curve.

  59. Re:Uhh, some of the best benefits are NO control.. by hitmark · · Score: 1

    movies usually have such a message. If you rent one, it will say something about it being a rental and not for sale. While if you buy one, it will show a message saying its not for rent. In either case it will also prompt the viewer to contact some legal entity if said message is violated.

    --
    comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
  60. what i find myself wondering... by hitmark · · Score: 1

    is what kind of rights google have managed to negotiate, exactly.

    if they make a orphaned work available for download or online reading, can they then claim control under copyright for that work, or can the person that downloaded then make infinite copies to friends or others?

    --
    comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
  61. Re:Uhh, some of the best benefits are NO control.. by Tim+C · · Score: 1

    I've definitely seen it printed on a book, and I took no notice of it. I simply do not believe that (UK) copyright law prevents me from lending a book to a friend.

  62. Alicia Silverstone, is that you? by Zero__Kelvin · · Score: 0, Troll

    "Next time you use a big word like 'audacity' make sure you understand at least a little bit of the issue at hand."

    ROTFLMAO. I understand it perfectly (but it is telling that you think audacity is a big word)

    "The discussion is about someone seeing and liking that dress and making a copy of it.

    You have no idea what the discussion is about. You think you do, and I admit I could have picked a better analogy, but on the other hand that works to my favor, as follows:

    The real problem is that the situation at hand doesn't map to the digital world without DRM, which we both agree doesn't work and is a horrible idea. You think "But I ownz a 'puter and I knowz everything! It 'aint stealin', its copyin! Gosh, I aint doin nuttin wrong!", whereas I realize that every time I grab a digital copy instead of buying it the person or people that created it, who put lots of time, effort, and talent into creating it, may lose money, unless I then buy it or convince someone else to buy it.

    The bottom line it is far more complicated than you know, and you have shown that you are not willing to put in the effort to understand the problem because you think you already have the answer, which is sad, because you are basically about as clueless as one can get.

    --
    Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    1. Re:Alicia Silverstone, is that you? by top_down · · Score: 1

      ROTFLMAO. I understand it perfectly

      Don't claim you understand. Show it by picking good analogies. Yours was a misleading analogy that is made time and time again in this discussion.

      You can't claim you understand the issue perfectly and still make that kind of basic mistake. So don't blame me for thinking you were new to this discussion and Alicia Silverstoning you.

       

      --
      Anyone who generalizes about slashdotters is a typical slashdotter.
  63. Re:Uhh, some of the best benefits are NO control.. by cynyr · · Score: 1

    physical books are sure, but what about the bitstream on that CDROM? For example look at the World of Warcraft install CDs, no DRM, no fancy "must have disk in cdrom to play" fuck, just download the game from us if you want over the next 6 days. Yes i realise that in order to play you need to be paying and have an active account, but still.

    --
    All of the above was encrypted with a Quad ROT-13 method. Unauthorized decryption is in violation of the DMCA.
  64. Discrimination by pubwvj · · Score: 2, Interesting

    Le Guin is descriminating against those of us who live in rural areas where libraries are not available. It is an hour's travel to get to the nearest library and that is a great way to pickup disease - there be humans there.

  65. opposing the google book deal by viralMeme · · Score: 1

    "We urge our government and our courts to allow no corporation to circumvent copyright law or dictate the terms of that control"

    Except the book deal has no effect what so ever on the authors copyright. They have the same control as before. The copyright holder can opt-out at any time. The campaign against the Google Books, is being orchestrated by you.know.who.

  66. I WILL claim the truth; I DO understand fully by Zero__Kelvin · · Score: 0, Troll
    I picked a great analogy. It works in the physical world but doesn't map to the digital world, just as the system we have pre-digital doesn't map to the digital era. Never the less, the problem is the same, to wit: We need to preserve said fairness somehow

    You aren't upset because my analogy was bad. You are upset because it was perfect (and yes I know I said I could have picked a better one. It took this discussion with you to show me have truly perfect it is.)

    So to recap:
    • If there is a simple solution, nobody has found it yet
    • A compromise may be the only way to address the issue
    • Anybody who claims to understand it, and then says that in the digital world they can just start copying away, and there is no problem, has no clue
    • The *AA groups are a bunch of scumbag tyrants
    • The fact that thy *AA groups are tyrants shouldn't mean that either the consumer or the creator are SOL
    • Right now a lot of people in this thread don't get this, and are saying Fsck the Artist / Author! because they are pissed of at the *AA groups, or they don't like the compromise that was reached

    Did I miss anything?

    --
    Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    1. Re:I WILL claim the truth; I DO understand fully by top_down · · Score: 1

      I picked a great analogy. It works in the physical world but doesn't map to the digital world, just as the system we have pre-digital doesn't map to the digital era.

      Well, if the point of the analogy was that it breaks down then we are in agreement ;-)

      Did I miss anything?

      Yes, you are missing the big picture: there is a revolution going on. The paywalls are coming down. All information ever produced will become available at your screen, searchable, extensible and what not. Accessible to even the poorest child on this planet. A new industry will develop around it just like it did around the internet.

      This is not about some morally challenged kid stealing your e-book. This will be one of the great achievements of western civilization.

      As long as authors are enthusiastically promoting this revolution instead of frustrating it, they have my full support when it comes to fair compensation for their efforts.

      --
      Anyone who generalizes about slashdotters is a typical slashdotter.
    2. Re:I WILL claim the truth; I DO understand fully by Zero__Kelvin · · Score: 0, Flamebait

      "As long as authors are enthusiastically promoting this revolution instead of frustrating it, they have my full support when it comes to fair compensation for their efforts."

      When both sides are making ludicrous claims the author isn't an expert and so doesn't know there is a middle ground and has to choose. If you want to blame someone blame the *IAAs and most of the people posting in this article for wrongly assessing the situation and proliferating misinformation in their attempt to "win".

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
  67. I finished my shift an hour ago. by jotaeleemeese · · Score: 2, Insightful

    I look forward to my employer making a deposit in my account for the next 60 years.

    --
    IANAL but write like a drunk one.
  68. You're hilariously uninformed by BitterAndDrunk · · Score: 1
    Most writers make near-subsistence wage.

    The idea he wants to care for his family in the event of his untimely passing isn't criminal.

    The idea that he's set up trusts for his kids is funny though, keep dreaming big I guess.

    --
    You better watch out, there may be dogs about . . .
  69. Before you all go crazy please read. by NSN+A392-99-964-5927 · · Score: 1

    This petition is important. I am close friends of some good authors that are quite notable. Google need to get off the ladder and stop making my book collection worthless. This is just basically for Kindle's. Eitherway, I just have one thing to really say; "A book that you can hold in your hand, look back over chapters enhances your senses" When you get in the Bath or shower, just imagine Digital Soap or Shower Gel. That is why all this digitalisation will fail miserably. I sincerely hope my comments knock millions off the share prices! love NSN

    --
    All cows eat grass!
  70. her books suck anyway by Anonymous Coward · · Score: 0

    copyright: while the author lives and no longer. should unforeseen accidents occur, the family can petition for 15yr extension (1 time only) so they dont become destitute.

  71. What about Mr. Hankey? by jonaskoelker · · Score: 1

    Why? Have they trademarked the name? Also, why would that be relevant in a discussion about copyright?

    Or are you saying MrHanky is quoting South Park screenplays beyond what you think is fair use? (i.e. saying "Hooooowdy-ho" in every post).

    (Also, MrHanky might arguably be a play on the name Hank rather than Hankey.)

    Or is there something I'm missing? Exactly what would MrHanky need permission to do, and according to which law(s) and/or case(s)?

  72. Sweet! Free MS Windows for everybody! by jonaskoelker · · Score: 1

    That's cool.

    Let's say I put a note on my blog, saying "Dear Microsoft; I'm going to distribute copies of any and all software you publish unless you notify me within sixty (60) day after publishing".

    Let's say my blog is hosted on my own machine, and I'm diligently keeping it connected to the internet and giving it a DNS name. But I don't advertise it anywhere.

    Is Microsoft now required to port-80-scan the entire internet and read everything that is posted? What if I bury the notice deep down in a maze of unrelated content (say, a hyperlinked version of the KJVB)? Are they required to traverse all the link graphs on all web servers on all machines? What about infinite link graphs?

    Where's the reasonable limit? What if I advertise my blog, but in general make myself a nobody and don't drive a lot of traffic towards it?

    What if I did it to the code made by the company you work for? If it ruined them and they had to fire you, would you be pissed at me? Would you feel justified in being pissed at me?

    Do you see the problem?

  73. And that's the key point -- only happens once by jonaskoelker · · Score: 1

    if it only takes you 5 seconds to say "no" and it only happens one time -- it's not that big of a deal.

    Right. If Google is allowed to do this, are others allowed to do it too? Will they? How many times will authors have to say "no"?

    Say I set up 10000 shell companies, each saying "I'm going to do xyz with your stuff unless you say 'no'". Then suddenly it's 50000 seconds per author. Plus the author has to find all 10000 shell companies, which might take significantly more than 5 seconds per company.

    Setting this precedent could open the field to an arms race of setting up shell companies vs. prohibiting them among the big companies. Any extra cost of doing business impedes the small companies. I'm not sure, but I seem to recall hearing that having a good environment for small companies helps a country's economy.

    While I don't object to what Google is doing, I'm worried about what kind of precedent this might set.

  74. Intellectual != Physical property: cheap copying by jonaskoelker · · Score: 1

    Say I write a dozen books and finally get one published then a day later die in a car accident leaving my family with nothing but the work I spent ten years writing. Are you saying they don't have the right to benefit from my work?

    I'm not the same "you", but I am saying that. Or rather, I'm saying that I'd be perfectly happy if copyright didn't last longer than the life of the author.

    Your family can of course read your book. They have a right to benefit in that way. I take it you think your books are beneficial to read; that's why you can get away with charging money for them, right?

    Why should the public benefit but not my family?

    Because the benefit the public will gain is larger than the benefit your family will gain.

    If my family isn't going to be allowed to benefit from my work then I'd rather do something with my time they are allowed to retain so they can live without going on welfare if I happen to die young.

    I'm glad to hear you aren't completely hung up on being a writer.

    Are you raising your kids to be dependent on your ability to provide them with money? Wouldn't you rather want them to be able to earn a living on their own? If they are, why is it so important what you can leave them?

    Why should the public have rights over and above the creator?

    It doesn't. The public is giving away its inherent right to copy and (re)distribute information (selectively).

    It does so in order to create a financial incentive for writers, musicians, film makers and software programmers (that's me) to do work which benefits the public.

    The public does this (in the ideal case) based on an evaluation which says that the freedoms and right given up are less valuable than the work created by the incentive put in place by giving up the freedoms and rights.

    If you don't want to play ball, you're free to not write books. You're free to tell us exactly which restrictions you want us to place on ourselves for you to write books. We're free to listen, or not, depending on what we feel like. But you're not the one to tell us which rights we can and can't exercise. We, the public, decides what our rights are. As a member of the public, you're of course welcome to participate in this decision process, but don't expect your wishes to have a disproportionate influence.

    If I built investment houses for a living there wouldn't be a debate about taking them away from my family after I died.

    And if you built bit strings, there wouldn't be a debate about going into your house a deleting the bit strings from your hard drive. And there isn't.

    And if you built houses, there wouldn't be a debate about building identical houses, not when you're alive, and not when you're dead. And there isn't.

    See, because we have efficient copying machinery for the things you produce, there's a value/cost disparity: the cost of production is almost independent of the number of copies. The value is almost linear in the number of copies (not everybody who reads your books enjoys it equally, but more copies means more enjoyment). Thus, the most valuable use of a book you've written is to make as many copies as possible, up to the point where the value is less than the cost of the electricity and disk space used to copy and store the book. (Note that we can't copy houses efficiently: it takes a lot of labour. That's why they're different.)

    Do you want to destroy things of value? Do you want to sabotage the public's wealth? Why? For your own benefit? I want to dump my poisonous radioactive waste in the public river because it's cheap. Should I be allowed to do that? Why is it that nuclear power plant operations are so discriminated against?

  75. I think you got the nations all mixed up by jonaskoelker · · Score: 1

    The French would disagree with this. They have single handedly foisted on the world ever longer copyrights since the 19th century.

    You're supposed to blame Canada!

  76. Define 'publish'. by minstrelmike · · Score: 1

    If someone owns a copyright to a book but doesn't make it available to readers, then they aren't actually 'publishing' the book. They are definitely controlling access like Ursula says, but they aren't helping out the thousands of authors google planned to actually make available to readers for free.