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Greg Bear, Others Cry Foul on Project Gutenberg Copyright Call

Nova Express writes "Recently a lot of science fiction stories from the 1950s and 60s (including work from still-living authors like Frederik Pohl and Jack Vance) have been showing up on Project Gutenberg as being in the public domain. However, according to science fiction writer Greg Bear and his wife Astrid Anderson Bear (daughter of Poul Anderson, some of whose works were among those put up), Project Gutenberg has made a mistake: 'After conducting legal research on the LEXIS database of legal cases, decisions, and precedents, we have demonstrated conclusively that PG was making incorrect determinations regarding public domain status in many, many works that originally appeared in magazine form ... In general, Project Gutenberg is doing a tremendous service by making available texts that have truly long since fallen out of copyright, but they are clearly overstepping their original mandate. They are not merely exploiting orphan works, but practicing a wholesale kidnapping of works that are under copyright protection.'"

10 of 721 comments (clear)

  1. Wholesale kidnapping? by IICV · · Score: 5, Insightful

    Wholesale kidnapping?

    Who, exactly, is "kidnapping" the stories in this case? The people who are putting them in a publicly accessible format so that everyone can look at them, or the people who are keeping them behind an iron wall of intellectual property?

    I was under the impression that it was the people doing the imprisoning that were generally the kidnappers, not the people granting freedom. Silly me.

  2. These works were written between 40 - 60 years ago by Nursie · · Score: 5, Insightful

    They should be in the public domain.

    Works that are not in active circulation will likely be forgotten and effectively lost to the world if they are not allowed to transition into the public domain in a timely fashion.

    Copyright needs reformation.

  3. Hyperbole at its Finest by whisper_jeff · · Score: 5, Insightful

    They are not merely exploiting orphan works, but practicing a wholesale kidnapping...

    Wow. Hyperbole much?

    Seriously, that little tirade is just shy of "won't someone think of the children"...

    I have troubles taking any point seriously, regardless of how valid I think it may or may not be, when it's attached to gross, blatant hyperbole of this sort. Make your point in an intelligent manner and people will respond. Make it sound like the sky is falling and doom is eminent and you'll quickly be ignored.

  4. The sad state of copyright by Paul+Carver · · Score: 5, Insightful

    The theft of the public domain by companies and politicians is the true criminal act.

    I hope Project Gutenberg adheres to the letter of the law but doesn't give an inch of generosity to grey areas.

    Personally I don't see why the author's death should figure into it at all. A couple of decades from publication to public domain is plenty. If you don't want your thoughts and ideas to enter the public domain then keep them to yourself.

    A decade or three of exclusivity is a reasonable incentive to create. Carving out chunks of language and idea space for your own exclusive ownership practically forever is not.

    Our shared cultural heritage is far more important that someone's "right" to continue profiting from work they or their ancestors did half a century ago. And if no one is profiting but the works are simply being suppressed because they're out of print but "protected" anyway then that is a crime against humanity.

  5. Re:That long ago? by Anonymous Coward · · Score: 5, Insightful

    The rights of the dead should not infringe upon the rights of the living.

  6. Re:That long ago? by MaskedSlacker · · Score: 5, Insightful

    all your solution will do is create a market for bumping off newly popular writers.

    This is the stupidest argument I have ever seen, on any subject.

  7. Copyrights Gone Wild!!! by PortHaven · · Score: 5, Insightful

    Let's be honest. Copyrights expire at death, with a minimum term (like 15 years) to support any children. Or how about death + years until any children are over 18.

    Frankly, copyright should be original publish date. If it was published in a magazine, then later in book form. Should the copyright be furthered? The music industry has used so-called "re-mastering" to continuously keep works in copyright.

    And we all know that when these 70 yr copyrights expire, a law will be passed to extend it to 100 yrs. And then after that - infinitely. But hey, no one will be alive that will remember anything but infinite copyrights.

    DISGUSTING....

  8. Re:That long ago? by Idiomatick · · Score: 5, Insightful

    1) The works aren't exactly making a ton of money or circulation.

    2) They got paid when they sold the books for quite some time, why not give that money to their kids?

    3) How many jobs keep paying you money after you've died? Why do authors deserve this special privilege?

  9. Re:That long ago? by Rudolf · · Score: 5, Insightful

    They should have been in public domain since nobody is profiting from them anymore.

    There's lots of open source code protected by copyright, but not generating any profit. Should that all go into public domain and not have any copyright protection?

  10. Re:That long ago? by ravenspear · · Score: 5, Insightful

    So 50 years is the minimum; US law goes above and beyond that to 70 years to protect the rich Disney family

    Fixed that for you.