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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."

52 of 473 comments (clear)

  1. 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 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.

    2. 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
    3. 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
    4. 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'?

    5. 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
    6. 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.
    7. 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.

    8. 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.

    9. 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.

    10. 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.
    11. 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.

    12. 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 ?

    13. 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.

    14. 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
  2. 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 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.

    2. 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.

    3. 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.
  3. 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 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.

  4. 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 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.
    3. 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.
    4. 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
    5. 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.

    6. 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.

    7. 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.

  5. 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 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.
    4. 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.
    5. 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.

  6. 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 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!
  7. 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.

  8. 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
  9. 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.

  10. "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.

  11. 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.

  12. 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 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
  13. 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.

  14. 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.

  15. 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.

  16. 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.
  17. 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
  18. 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.

  19. 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...

  20. 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.