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Major Textbook Publishers Sue Open-Education Textbook Start-Up

linjaaho writes "Three major textbook publishers have sued a startup company making free and open textbooks, citing 'copyright infringement,' as the company is making similar textbooks using open material. From the article: 'The publishers' complaint takes issue with the way the upstart produces its open-education textbooks, which Boundless bills as free substitutes for expensive printed material. To gain access to the digital alternatives, students select the traditional books assigned in their classes, and Boundless pulls content from an array of open-education sources to knit together a text that the company claims is as good as the designated book. The company calls this mapping of printed book to open material "alignment" — a tactic the complaint said creates a finished product that violates the publishers' copyrights.'"

278 comments

  1. Boo hoo for the dinosaurs by Anonymous Coward · · Score: 5, Interesting

    Since you can't copyright facts and figures only their presentation and form, as long as the arrangement, structure and alignment is different, they don't have a leg to stand on.

    1. Re:Boo hoo for the dinosaurs by SJHillman · · Score: 3, Informative

      An analysis of facts and figures can also be copyrighted, and many textbooks (particularly liberal arts) contain as much analysis as anything else.

    2. Re:Boo hoo for the dinosaurs by Steve+Furlong · · Score: 5, Insightful

      they don't have a leg to stand on.

      You're applying common sense, not a wise practice when it comes to law. Especially not when it comes to "law" as practiced in the modern US. If a bunch of publishers get together and lobby aggressively I wouldn't be surprised if a court found that a sufficient degree of similarity existed, thereby violating copyright. And if the court didn't find it, well, Congress can amend the copyright law and I think the US Copyright Office can regulate matters a bit.

    3. Re:Boo hoo for the dinosaurs by similar_name · · Score: 5, Insightful

      It doesn't matter. They don't need to win, they only need to drain resources from Boundless and scare off investors.

    4. Re:Boo hoo for the dinosaurs by Defenestrar · · Score: 5, Insightful

      Not necessarily, depending on implementation it could also be considered derivative work from the table of contents or structure of the original text. Remember that even paraphrasing can be copyright violation (although not always). If I take a paragraph of someone's work, reword it, and pass it off as my own (or as a public domain work), that is infringement. Also remember that style, and other artistic considerations can also be protected work. The key to this case will be in the method of "alignment."

    5. Re:Boo hoo for the dinosaurs by firex726 · · Score: 1

      Yea, is the start-up actually using any of the text from the established publishers?
      If not then I don't see how they can claim copyright.

    6. Re:Boo hoo for the dinosaurs by Anonymous Coward · · Score: 4, Insightful

      I think it's time to end all this BS.

      Just create an official "license to kill competition". It shall allow to just call a judge and cry "WHaaaa Mr. Judge! They are making me lose money! WHaaa" And the judge will just send the police.

      Just make the license expensive enough. And then find a way of dealing with the thousands of jobless lawyers.

    7. Re:Boo hoo for the dinosaurs by Anonymous Coward · · Score: 3, Insightful

      Considering that the open sources which contain the documentation / resources used are already out there in the wild, and no-one is suing them, then it is only the arrangement or total content aggregate that they could be suing for, since the content cannot be refuted or sued for copyright infringement, and as long as the arrangement doesn't impinge, then the fact that the content accumulated covers the same sets of topics but in the words of those already published as open content, there is no legal leg to stand on. That is what was inferred by my previous comment.

    8. Re:Boo hoo for the dinosaurs by thomasw_lrd · · Score: 0

      You know, until they bribe, err lobby Congress to make it illegal. Then they will have at least 102 legs to stand on.

    9. Re:Boo hoo for the dinosaurs by Anonymous Coward · · Score: 0

      Table of contents are like phone books - listing of facts and locations - non copyrightable.

    10. Re:Boo hoo for the dinosaurs by Nadaka · · Score: 2, Informative

      rewording a paragraph and passing it off as your own is plagiarism, not copyright infringement. Two entirely different things.

    11. Re:Boo hoo for the dinosaurs by Anonymous Coward · · Score: 0

      You're applying common sense, not a wise practice when it comes to law. Especially not when it comes to "law" as practiced in the modern US. If a bunch of publishers get together and lobby aggressively I wouldn't be surprised if a court found that a sufficient degree of similarity existed, thereby violating copyright. And if the court didn't find it, well, Congress can amend the copyright law and I think the US Copyright Office can regulate matters a bit.

    12. Re:Boo hoo for the dinosaurs by tepples · · Score: 1
      Anonymous Coward wrote:

      Table of contents are like phone books - listing of facts and locations - non copyrightable.

      Please cite case law demonstrating that tables of contents are excluded under 17 USC 102(b).

    13. Re:Boo hoo for the dinosaurs by Anonymous Coward · · Score: 0

      Oh, I think he was just applying common sense. It's very possible that the nonsensical US copyright laws say otherwise.

    14. Re:Boo hoo for the dinosaurs by MojoRilla · · Score: 4, Informative

      Taking a paragraph of someone's work and rewording it may not be infringement. See the Wikipedia article on close paraphrasing for exceptions. Close paraphrasing of copyrighted text is not allowed when it is substantial, but is also allowed when there are limited ways to say the same thing.

    15. Re:Boo hoo for the dinosaurs by Anonymous Coward · · Score: 0

      It's not not wise to apply common sense to anything having to do with the educational system. Ironically, many of the administrators and teachers that make up the US educational system are some of the dumbest asses around.

    16. Re:Boo hoo for the dinosaurs by jd2112 · · Score: 1

      Since you can't copyright facts and figures only their presentation and form, as long as the arrangement, structure and alignment is different, they don't have a leg to stand on.

      Facts schmacts we have lawyers and a huge legal budget. - textbook publishers

      --
      Any insufficiently advanced magic is indistinguishable from technology.
    17. Re:Boo hoo for the dinosaurs by Anonymous Coward · · Score: 0

      ..you want to bring copyright into education, you want to make money off of education? Fuck you.

    18. Re:Boo hoo for the dinosaurs by Anonymous Coward · · Score: 1

      And if you copy word for word and cite properly it is not plagiarism. i.e. quoting people on /.. The whole copyright system is borked. I think the courts should run away from enforcing this stuff. Everyone doesn't understand what is going on and publishers like it that way. Its how they profit. It probably harms the artists too from lost avenues of revenue.

      catchap:fanciful

    19. Re:Boo hoo for the dinosaurs by thelexx · · Score: 5, Informative

      U.S. Copyright Law

      Is the Table of Contents Copyrightable?

      Bernard C. Dietz, current head of the renewal section of the examining division of the U.S. Copyright Office, October 17, 1991, stated in his deposition, "...it has to be kept in mind that in the vast majority of cases the table of contents itself is not copyrightable; it's nothing more than a listing of the citations in the book. There has to be something uniquely attributable to that author of the table of contents to make it copyrightable."

      From here. (Never heard of that book before. The world is bizarre.)

      --
      "Gold still represents the ultimate form of payment in the world." - Alan Greenspan, 1999
    20. Re:Boo hoo for the dinosaurs by Anonymous Coward · · Score: 0

      Finally! It was getting too difficult to select books due to the number on each topic and similar content. I really hope this goes through as it will save me loads of time when selecting one from the 174 books on iphone 4s

    21. Re:Boo hoo for the dinosaurs by pegr · · Score: 1

      More specifically, you cannot be guilty of copyright infringement without having copied anything.

    22. Re:Boo hoo for the dinosaurs by jythie · · Score: 2

      Which might actually hold in this case since it sounds like they are not only copying the table of contents but the structure of the entire book, which, as anyone who has worked on a full book can tell you, is a lot of work right there. A lot of time and effort goes in to deciding things like what order to present information in, how much space to give to any particular topic, and other general structural decisions.

    23. Re:Boo hoo for the dinosaurs by jythie · · Score: 2

      Which will be what the case has to dig into.... does what they copied 'count' as something?

    24. Re:Boo hoo for the dinosaurs by tbannist · · Score: 1

      It's not even that. It's "Waah! I'm not making as much money as I think I should, and I think it's all their fault!"

      --
      Fanatically anti-fanatical
    25. Re:Boo hoo for the dinosaurs by Carewolf · · Score: 2

      Awesome, while obviously not the first choice I would make. This solution is definitely more efficient than the current legislation that is trying to achieve the very same thing!

      Simplicity and transparency. I fully support this (if we can't get an optimal solution)..

    26. Re:Boo hoo for the dinosaurs by hackus · · Score: 2, Insightful

      I would agree.

      But you see, the USA has become a fascist state. Fascism is law.

      It has nothing to to do with Facts or Figures or a leg to stand on.

      This now depends on what is in the Judges best interest for this case to either pass, or shut the company down.

      Funny, but I posted many many times over the many years (1998) that fascism was coming to this country and that it would eventually lead to laws that prevent anyone from learning anything without a license.

      We have come a long way and facism has now officially arrived. I think the land mark case was MF Global.

      Billions stolen, nobody goes to jail. Not even moral law applies anymore in the USA.

      It is now a land of the laws of men.

      Expect very very bad things to happen if this trend isn't reversed.
      (i.e. Besides the 480 Million some bullets the TSA has ordered for every single man, women dog, cat _and_ child to get it right between the eyes.)

      -Hack

      --
      Got Geometrodynamics? Awe, too hard to figure out? Too bad.
    27. Re:Boo hoo for the dinosaurs by nomadic · · Score: 1

      "only their presentation and form"

      Which seems to be what they're suing over.

    28. Re:Boo hoo for the dinosaurs by Anonymous Coward · · Score: 0

      Simple, the lawyers can just call the judges and complain the new law is making them lose money!

    29. Re:Boo hoo for the dinosaurs by jbengt · · Score: 2

      Only the creative form of the analyses are copywritable. The facts and figures of the analyses are not. IANAL, YMMV, etc.

    30. Re:Boo hoo for the dinosaurs by Angostura · · Score: 2

      Has anyone here actually compared Boundless' offerings with the recommended texbooks? I know that 'dinosaur traditional publishers attempt to squash plucky upstart', but it may be that anyone dispassionate looking at the results would say 'hey thats an obvious rip-pff'. I have no idea - I haven't seen the output.

    31. Re:Boo hoo for the dinosaurs by rtb61 · · Score: 5, Interesting

      A company is producing free books, they are generating no income likely running off donations. The publishers had go togethor knowing full well their case is bullshit and sharing the cost in case the company producing free books manages a legal defence.

      This is a straight up corrupt abuse of the legal system. The publishers know their claim is a lie, they are simply relying of the company producing free books not having the money to pay for a legal defence and hoping against hope someone like the ACLU doesn't jump to the defence of the free book company.

      --
      Chaos - everything, everywhere, everywhen
    32. Re:Boo hoo for the dinosaurs by currently_awake · · Score: 1

      Offering music for download (without showing downloads) has been used as grounds for copyright infringement lawsuits.

    33. Re:Boo hoo for the dinosaurs by gnapster · · Score: 2

      It is plagiarism only if you don't cite your source. That doesn't mean it is not also reckoned to be copyright infringement.

    34. Re:Boo hoo for the dinosaurs by Original+Replica · · Score: 4, Insightful

      Which is why we need a law that requires the claimant to pay for the defense's legal costs if the case is found to be frivolous or abusive. I believe there is such a law in the UK. I shed no tears for textbook publishers getting their well deserved comeuppance.

      --
      We are all just people.
    35. Re:Boo hoo for the dinosaurs by Anonymous Coward · · Score: 0

      Well when you have state representatives arguing that such a law would be a deterrent for filing lawsuits (wait, isn't that the point?), and then having most everybody agree, yeah... don't really see that law getting passed.

    36. Re:Boo hoo for the dinosaurs by cpt+kangarooski · · Score: 1

      No, they don't have to be different; rather, if the selection and arrangement are copyrightable, it just can't have been copied. If they're the same by coincidence it's ok. And lots of selections and arrangements aren't copyrightable anyway. Eg a math book for young children is likely to have the first operations be addition and subtraction for non creative reasons, and likewise probably won't jump straight to integration or geometric proofs.

      --
      -- 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.
    37. Re:Boo hoo for the dinosaurs by mattack2 · · Score: 1

      The publishers had go togethor knowing full well their case is bullshit

      How do you know this? (Answer: You don't... and I don't know the opposite for sure either.)

      I have only read the summary, but I could see a vaguely reasonable argument if the book that was "knit together" from open-education sources ends up mirroring the original in chapter order and level of detail on specific topics. That is, a very rough analogy would be to take a book that is under copyright, and translate it into another language and sell that. You're not copying the original book, but obviously your 'new' work is heavily influenced/controlled by the original one.

    38. Re:Boo hoo for the dinosaurs by complete+loony · · Score: 1

      True, but since the order of the chapters is an important feature of how the work is used, this is mainly a reverse engineering effort for the purpose of interoperability. "For homework read chapters 4-6" would be an impossible instruction to follow if you didn't have a text laid out in the same order.

      --
      09F91102 no, 455FE104 nope, F190A1E8 uh-uh, 7A5F8A09 that's not it, C87294CE no. Ah! 452F6E403CDF10714E41DFAA257D313F.
    39. Re:Boo hoo for the dinosaurs by gd2shoe · · Score: 1

      That's my understanding (IANAL). Do note, however, that any inclusion of someone else's analysis usually requires you to cite their work (even if you don't use any direct quotations).

      --
      I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
    40. Re:Boo hoo for the dinosaurs by gd2shoe · · Score: 1

      Has anyone here actually compared Boundless' offerings with the recommended texbooks? I know that 'dinosaur traditional publishers attempt to squash plucky upstart', but it may be that anyone dispassionate looking at the results would say 'hey thats an obvious rip-pff'. I have no idea - I haven't seen the output.

      Neither have I. But the article (yes, I read it) states that they use open content illustrations that intentionally mimic the originals. It sounds like they went at a little overboard, at least once. (hopefully they didn't go way overboard, and hopefully it's isolated.)

      --
      I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
    41. Re:Boo hoo for the dinosaurs by Anonymous Coward · · Score: 0

      "Just create an official "license to kill competition"."

      I thought we already had that. It's called "making a corporate political donation".

    42. Re:Boo hoo for the dinosaurs by Will.Woodhull · · Score: 3, Insightful

      If I read TFA correctly, only open source materials are used, and they are being cited properly. There is some creative re-arrangement being done, and I would hope that the company that is doing so is copyrighting their art (similar to the copyright one can put on an anthology). The stuff should be going out under some equivalent of the GPL (which if you will recall is a use of copyright).

      So what strikes me as odd is that the company is being sued for copyright infringement of what is, very clearly, their own creative work. This should not just get thrown out of court, but all the lawyers involved in filing this suit should be permanently disbarred for malpractice. Every lawyer allowed before the bar has a duty to the Court to uphold the law, which transcends any contractual or for-hire duties they may otherwise take on. We do not need, nor can we afford to have, lawyers who do not understand this basic ethic practicing in this country.

      --
      Will
    43. Re:Boo hoo for the dinosaurs by Will.Woodhull · · Score: 1

      Not only agree with the above, but also want to point out, again, that the aggregation is creative work that is under copyright (either expressed or implied). The company is being sued for copyright infringement of its own created, and copyrighted, material.

      There is something seriously wrong here. The lawyers involved in making this suit-- well, it is clearly a case of not enough sand....

      --
      Will
    44. Re:Boo hoo for the dinosaurs by Will.Woodhull · · Score: 1

      According to TFA, Boundless is drawing only from open source material. Which means they have access to just about everything written by the programmers, early adopters, and companies that have developed open source ecosystems like Android, Apache, Firefox, OpenOffice/LibreOffice, etc, since the custom is to put explicit GPL similar licenses on all this material.

      Other companies like Elsevier - Focal Press have been making piles of money by doing the same thing, lightly paraphrasing to make an easier read of it, and publishing the result as yet another how to do it book, perhaps as yet another title in a Dummies or Idiots series. These companies did some original, creative work in structuring chapters, fitting examples lifted from one open source users' blog to technical documentation published in another open source blog, and so forth. The original and creative parts deserve copyright, and you can bet that anything published by Focal Press or Elsevier is copyrighted to more than the full extent of the law (as expressly stated in the license). Boundless is doing the same kind of aggregation.

      It is difficult to understand how Boundless can be sued under copyright for what is so clearly their own creative and copyrightable work Yes, the stuff is probably very similar to something published by Focal Press, since both have taken from the same open sources. But the creative part of doing the aggregation-- that is different and both companies are equally protected under current copyright law.

      --
      Will
    45. Re:Boo hoo for the dinosaurs by Will.Woodhull · · Score: 3, Interesting

      There are mechanisms that have been in place for a long time that could be used to handle this.

      One is barratry (wikipedia is fine for an intro, use its references to go deeper). This should be used more widely and more often right now.

      Another is the process of disbarring lawyers who fashion suits that impede justice rather than seeking it. Make corporate lawyers personally responsible for the actions they take on behalf of their employers. They are supposed to be officers of the Court, and as such are supposed to put certain lawyerly ethics above their duties to their employers. If the worst 5% were permanently disbarred (and ideally tarred feathered, too) that would go along way toward getting the rest of them to grow a pair and tell the CEO where the line has to be drawn.

      --
      Will
    46. Re:Boo hoo for the dinosaurs by Anonymus · · Score: 1

      To me this only seems a step or two beyond running a book through a thesaurus and passing it off as your own. I think this is the first pro-copyright story I've ever agreed with. From wikipedia, on derivative works: "For copyright protection to attach to a later, allegedly derivative work, it must display some originality of its own. It cannot be a rote, uncreative variation on the earlier, underlying work. The latter work must contain sufficient new expression, over and above that embodied in the earlier work for the latter work to satisfy copyright law’s requirement of originality." That sounds like a reasonable rule to me.

      This thing actually uses the original textbook as an input, and then produces an output that is as close as possible without being the same. How is that in any way original or adding new expression? "The Wind Done Gone" was banned (which I think was wrong), and it was far more creative than this process.

    47. Re:Boo hoo for the dinosaurs by beep54 · · Score: 1

      "First thing we do, let's kill all the lawyers." Henry The Sixth, Part 2 Act 4, scene 2

    48. Re:Boo hoo for the dinosaurs by tehcyder · · Score: 1

      Surely even in the US you aren't allowed to lobby the courts/judges?

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    49. Re:Boo hoo for the dinosaurs by jc42 · · Score: 1

      Offering music for download (without showing downloads) has been used as grounds for copyright infringement lawsuits.

      And something that's perhaps more relevant to this case: There have been infringement lawsuits over the "arranging" of sets of public-domain tunes into medleys. It used to be that you could avoid copyright problems by just having proof that all the music you played was published in the 17th or 18th century. But no longer; if you play two or three old tunes together without pausing to gab (and/or drink) in between, you've produced a "medley", and if it's the same tunes as in a commercially-produced recording, you've infringed their copyright on the "arrangement".

      What's especially troublesome about this is that in general you can't locate such commercially-produced medleys online (or in any other manner). I've tried, using the tune names in a couple of albums that I've bought. I can sometimes find a reference to the album online by feeding the tune titles to a search site, but not usually. You could argue that my google-fu just isn't strong enough, and you'd probably be right, but I'd bet that most musicians aren't any better than I am. To my knowledge, there is no single registry that lists all recorded tune medleys that have ever been recorded. There isn't even one per country (and if there were, I wouldn't be able to type most of the tunes' titles in their local alphabet ;-).

      So the situation seems to be that if you play more than one tune in a row (and maybe even if you do pause to gab or drink between them), the only way to find out if you've violated a copyright in some unknown recording from some previous decade is to wait and see if they file suit against you.

      This does really seem to be the sort of thing that the lawyers in this case and many of the posters here are saying is "right". Having got my tunes/ideas from a public-domain source doesn't protect me from copyright infringement charges. But one might also argue that if there's no way I can know that an arrangement of tunes/ideas is copyrighted, I should be allowed to make my own arrangements without worry about being bankrupted by legal fees defending myself against some corporation that I've never heard of (e.g., Pearson, Cengage Learning and Macmillan Higher Education) for some publication (e.g., a recording) that I've never heard of.

      Or maybe someone knows of a universal music lookup site that will reliably tell me about every recording that has ever been made of a tune (under any title, anywhere in the world) ...

      And, lest someone think that "anywhere in the world" is a joke, I'll share a link to a song that anyone at all familiar with tradition Scottish songs will instantly recognize from the first phrase. Note that the usual title isn't mentioned on that page, though there is one comment from someone in Scotland who recognized it. A title search for "Annie Laurie" or "Maxwelton's braes" won't get you a link to this page, or any other that mentions the modern Mandarin song that uses the tune. Actually, adding "site:youtube.com" does return a link to a Japanese guy singing a translation of the Scottish song. But Angela uses unrelated lyrics (a song whose title translates as "Eternal Daylight"), so it isn't found.

      So how would a musician who's part of the "Celtic" crowd know that there's a lawsuit risk with using this old (1830s) tune in a recording? It's pretty easy for recordings to make their way to China these days, and vice versa. If you can type in Chinese titles to youtube (as I just did but can't do here ;-), you can find lots of nice recordings of music, but I don't know any way to find a tune using the original titles for tunes like this that are from a different part of the world. And these days, copyright charges can come from anywhere in the world.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    50. Re:Boo hoo for the dinosaurs by Anonymous Coward · · Score: 0

      Depends on what they are suing over. You are assuming the content, but the order and presentation of the content are just as much copyrighted. They are problably suing over TEXT BOOK A explains concept B, C, D, E in that order with an example of each and ten exercises to solve for each concept. The 'free book F' grabs all that off the internet from free open source and lines it up as exactly the same, concepts B, C, D, E in that order with an example of each and ten exercises to solve for each.

      There may also be the problem that if TEXT BOOK A uses certain examples, and the free open source content uses the same examples (but are not infringing copyright, as any one source might only use one or two examples or exercises that are the same - and for educational use you can copy up to 10% of a source), but once put together all the open source content ends up with a text, examples, and exercises almost 100% the same as the textbook they are supposed immitating, then there is copyright infringement on the content as well.

      You'd have to see the original text and the 'free text' side by side to see if copyright is infringed.

      To explain it another way (to help you visualise it), if you download bits of the movie 'Alien' off a heap of open source sites (such as YouTube etc), and put it all together to get the entire movie from start to finish, your finished product is infringing the movies copyright. It doesn't matter that you used open source to put it all together, as a lot of those sites were probably within the 'fair use' limits of what they were doing. But once put together the content then exceeds the 'fair use' limits and infringe copyright.

    51. Re:Boo hoo for the dinosaurs by Anonymous Coward · · Score: 0

      The slang is "loser pays". It's not absolute, but also not as marginal as frivolous/abusive. That and tort law reform are desperately needed in the USA.

      But apparently more Government makes you a better country. Good luck with that. /injection-of-unrequested-bias ;-)

    52. Re:Boo hoo for the dinosaurs by Anonymous Coward · · Score: 0

      This lawsuit seems to be an abuse of freedom [not an issue in copyright infringement? The law of monopoly has been employed by entrenched feudal lords to quash actual, real, and fair competition for far too long. In 1788 England the people showed up at the court house when such a case reached the courts en mass and to save their jurist necks from the noose over the tree limb, they ruled to reduce the time of copyright from perpetual to 17 years. The entire aristocracy was against the entire common folks.
         

    53. Re:Boo hoo for the dinosaurs by Will.Woodhull · · Score: 1

      If "open source" meant what you appear to think it means, you might have an argument. But since "open source" means the work is copyrighted and licensed for use in a very particular way, your argument is an attempt to carry water in an imaginary bucket.

      That word does not mean what you think it means. Googling will help you improve your vocabulary. That will help you understand a little more about the world you live in.

      --
      Will
    54. Re:Boo hoo for the dinosaurs by xycadium · · Score: 1

      Well that depends on if the firm these lawyers work for is heavily employed by large corporations who happen to be financing the judge's and DA's (and other fat/happy politicians) with the majority of their campaign contributions, if not under the table brief cases. That's what most of these things come down to now a days. The proof is right there in between the lines of every important case out there.

  2. Tom Lehrer said it best. by Anonymous Coward · · Score: 1, Interesting

    Plagiarize,
    Let no one else’s work evade your eyes,
    Remember why the good Lord made your eyes,
    So don’t shade your eyes,
    But plagiarize, plagiarize, plagiarize
    Only be sure always to call it please research.

    1. Re:Tom Lehrer said it best. by jc42 · · Score: 1

      Yup; that's from the lyrics of one of the best-known of Tom Lehrer's songs. It's a great song that's well worth reviving from time to time.

      There's also an old saying: If you steal from one writer, it's plagiarism; if you steal from many writers, it's research.

      It sounds like TFA is about a clear case of the latter. Scholarly history says that if they give proper attribution to their many sources, what they're doing is open and honest scholarship. But you'd expect publishers and their IP lawyers to disagree, since that interpretation interferes with their livelihood.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  3. No surprises here by Elite+Override · · Score: 1

    Who didn't expect this to happen?

    1. Re:No surprises here by BSAtHome · · Score: 1, Troll

      It is just the start. I am really wondering when the publishers will start to sue the students/graduates for using the learned materials, alleging they are creating unauthorized derivatives.

    2. Re:No surprises here by techoi · · Score: 4, Insightful

      Not so much sue, but license. You will have to pay a "knowledge usage" fee each time you utilize your learned knowledge for monetary gain. With the correct "lobbying" this fee will be captured on your tax form and levied based on the work you do (engineer, doctor, etc) coupled with the money you earned (salary) and the cost of the education you paid to "gain" your knowledge.

      If you just happen to be smart and able to have meaningful and well-paying employment, without any identifiable higher education, then you probably just stole the information and skills from someone and will be open to punishment.

    3. Re:No surprises here by Anonymous Coward · · Score: 0, Troll

      They already do. If you've ever sat in a college English class the first thing they wave their finger in your face about is plagarism in an academic context and proclaim you guilty as charged if your paper even hints at using something other than common knowledge if left even partially uncited. You can even get sued if your published your work such as a dissertation. This is only because professors and text book companies hate your guts when you use stuff like wikipedia and other sources of making knowledge common. Which in the academic world is like using a GOTO statement in C, total blasphemy and a grand show of incompetance as far as they can see past their high noses which act as a sail when they go fishing. I wish these open text book guys good luck cause they'll need it against such whiney, nasty, rude, hypocrits like these academics and the corporations that support them.

    4. Re:No surprises here by jd2112 · · Score: 1

      Ignorance is bliss. Knowledge is too expensive.

      --
      Any insufficiently advanced magic is indistinguishable from technology.
  4. The crux of the matter by ryzvonusef · · Score: 5, Interesting

    From the Article:

    To illustrate this claim of intellectual theft, the publishers’ complaint points to the Boundless versions of several textbooks, including Biology, a textbook authored by Neil Campbell and Jane Reece. The Boundless alternative, the complaint alleges, is guilty of copying the printed material’s layout and engaging in what the complaint calls “photographic paraphrasing.” In one chapter of the printed book, for instance, the editors chose to illustrate the first and second laws of thermodynamics using pictures of a bear running and a bear catching a fish in its mouth. Boundless’s substitute text uses similar pictures to illustrate the same concepts—albeit Creative Commons-licensed images hosted on Wikipedia that include links to the source material, in accordance with the terms of the open license. (The end of each Boundless section also includes links to the text’s source material, which often includes Wikipedia, the Encyclopedia of Earth, and other Web sites.)

    The complaint goes on to allege that Boundless’s choice of bear photographs in that chapter reflects “only the previously made creative, scholarly, and aesthetic judgments of the authors and editors of Campbell’s Biology.”

    (Bolded by me)

    So... is that wrong? I don't get it. If it's Creative Commons, doesn't that allow this sort of thing, by definition?

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    1. Re:The crux of the matter by Dasuraga · · Score: 1

      The problem seems more linked to the fact that they use the same model , even if they use different images. This could be considered the "analysis" part of the book, as referenced in other comments, which can be protected by copyright.

    2. Re:The crux of the matter by Marc_Hawke · · Score: 4, Interesting

      How similar were those pictures? I would have never thought to use a 'bear with a fish' to do thermal dynamics. That seems to be a 'non-obvious' solution. Someone else using that example would definitely be copying, even if they didn't use the exact same bear picture.

      But how is the rest of the alignment done? Is is a manual process where and editor goes through and maps ever textbook they get a hold of? It is an automatic process based on the Table of Contents? (or index?)

      It seems to me there are two important parts of making a text-book that would deserve copyright protection:

      1. The narrative text/examples.
      2. The 'flow'. The order by which the author chose to present the facts and lead you through the understanding.

      Those are the two creative parts of the textbook. Those are what differentiate it from another 'book of facts.'

      As much as I hate textbook cartels, I'd have to say that this 'alignment' process definitely has the potential to encroach on the actually creative side of textbook design, so I'd say the lawsuit has some merit. Of course, I haven't studied an 'aligned' book or the book from which it was derived. Heck, I didn't even RTFA.

      --
      --Welcome to the Realm of the Hawke--
    3. Re:The crux of the matter by perpenso · · Score: 2

      From the Article:

      To illustrate this claim of intellectual theft, the publishers’ complaint points to the Boundless versions of several textbooks, including Biology, a textbook authored by Neil Campbell and Jane Reece. The Boundless alternative, the complaint alleges, is guilty of copying the printed material’s layout and engaging in what the complaint calls “photographic paraphrasing.” In one chapter of the printed book, for instance, the editors chose to illustrate the first and second laws of thermodynamics using pictures of a bear running and a bear catching a fish in its mouth. Boundless’s substitute text uses similar pictures to illustrate the same concepts—albeit Creative Commons-licensed images hosted on Wikipedia that include links to the source material, in accordance with the terms of the open license. (The end of each Boundless section also includes links to the text’s source material, which often includes Wikipedia, the Encyclopedia of Earth, and other Web sites.)

      The complaint goes on to allege that Boundless’s choice of bear photographs in that chapter reflects “only the previously made creative, scholarly, and aesthetic judgments of the authors and editors of Campbell’s Biology.”

      (Bolded by me)

      So... is that wrong? I don't get it. If it's Creative Commons, doesn't that allow this sort of thing, by definition?

      IANAL but my understanding is that its not the bears in isolation, it the bears in the larger context. Its the overall look-and-feel of the page. Look-and-feel, perhaps not in this context though, has been successfully used in copyright/patent suits. Also I would guess that the use of bears strongly indicates that the look-and-feel being similar was not a coincidence, that it was intentional. Keep in mind that civil courts use a threshold of guilt far lower than criminal course where you have "innocent beyond a reasonable doubt". So even strongly suggesting the defendants were intentionally duplicating the look-and-feel may carry some weight.

    4. Re:The crux of the matter by dougmc · · Score: 4, Interesting

      From the Article:

      So... is that wrong? I don't get it. If it's Creative Commons, doesn't that allow this sort of thing, by definition?

      Well, yes, wikipedia certainly does allow that sort of thing. But the publishers of the textbooks that are sueing certainly don't.

      Their claim is not that the picture itself is being infringed (and if it was, it would be for wikipedia to pursue the claim, but of course wikipedia permits that) but that the mere idea that a bear running illustrates the first law of thermodynamics is copyrightable and that's what is being infringed upon. An artistic choice was made by the author -- a running bear shows the first law of thermodynamics (I certainly don't see it, but whatever) and they think this is copyrightable.

      As I see it, it's a weak case, but not so frivilous that it should just be thrown out without going to court. They're probably hoping that Boundless can't even defend themselves against this weak suit.

    5. Re:The crux of the matter by Anonymous Coward · · Score: 0

      They are claiming that macrofeatures, such as using a bear to illustrate a certain thermodynamic principle, are being copied wholesale, and that this violates their copyright.

    6. Re:The crux of the matter by Richard_at_work · · Score: 1

      You misunderstand - the license of the content Boundless use is not at issue here, its the (for want of a better way of putting it) creation of a "derivative work" of a third parties textbook by using that content in the exact same manner as the third party does in its text.

      Boundless are doing it on demand, and using the third party text as a reference for creating their own version - that is what the third party is taking issue with.

    7. Re:The crux of the matter by NewWorldDan · · Score: 1

      Their point is that the arrangement of items that are public domain or otherwise free can still be protected by copyright. However, this is a very narrow protection. If Boundless is using their textbook to create a 'free' clone, it's quite possible that they're crossing the line of infringement. This is very much a gray area of copyright.

    8. Re:The crux of the matter by Anonymous Coward · · Score: 0

      So why did you bold the irrelevant part? The creators of the photos aren't suing -- the creators of a commercial textbook are suing.

      Basically, the claim of the publishers is that what happens is analogous to taking a book, and copy/pasting words from newspapers ransom-note-style to duplicate the text; even though each of those words came from somewhere else, by putting equivalent words in the same relative positions, you've created a derivative work. The NetBSD source comes with a license that pretty clearly permits me to copy-and-paste any and all statements in it together to create an entirely new platform -- but that doesn't mean I can look at microsoft's source, and create a Windows clone out of NetBSD source, and not get sued by MS.

      Of course, Boundless says that all the copyrightable creative work is in the pictures themselves, not the arrangement of them, so it's not a derivative work. Perhaps they just say the selection and arrangement is not significant enough, perhaps they claim that the arrangement is utilitarian rather than creative, thus non-copyrightable (but potentially patentable, LOL) -- I haven't RTFA to see what grounds they're fighting it on. Actually, that last idea's kinda interesting -- a particularly liberal interpretation of utilitarian rejection could be used to reject all copyright on all instructional material!

    9. Re:The crux of the matter by Oswald · · Score: 2

      Seems like an honest question; I'll take a shot, giving my own interpretation of TFA:

      In essence, the plaintiffs are saying that, due to the aforementioned creative, scholarly, and aesthetic judgments, their textbooks present a whole that is greater than the sum of its parts. Boundless is, in their view, reproducing (perhaps I should say "echoing") not just the freely available parts, but the copyrighted arrangement that represents (they claim) a significant part of the value of the books. Ergo, lawsuit.

    10. Re:The crux of the matter by Anonymous Coward · · Score: 0

      There can be copyright in a compilation. For example, if someone published "Selected Works of Shakespeare" there can be copyright in the selection. If I publish a book with exactly the same selection, I could have infringed that copyright even though the content itself is all public domain.

    11. Re:The crux of the matter by TheGratefulNet · · Score: 0

      so, the boundless guys are *learning* on the fly and then reteaching it via instant textbooks?

      a shakeup of the text and publishing cartels is overdue. I have a hard time feeling sympathy to such an industry. you've abused society (yes, you have) for centuries.

      technology is making YOU irrelevant. many of us are feeling this in our lives, with our day jobs. no one feels sorry for us.

      I don't feel sorry for the $100+ textbook makers, either! I just don't. (are textbooks still $100+ or are they now in the $200 and higher range? been a long time for me since college..)

      --

      --
      "It is now safe to switch off your computer."
    12. Re:The crux of the matter by Neil_Brown · · Score: 1

      So... is that wrong? I don't get it.

      My view is that that is wrong. My take on it is this:

      I'd read it as the publishers arguing that copyright protection covers more than the final words on the page — that, in terms of the overall expenditure of effort / cost in writing a text book, the "original" author puts effort into research, thinking and structure / layout, and that the cost of doing this should mean that someone should be prohibited from taking a fully-research and structured book, and replacing the paragraphs and images with one's own. The licensing of the images included in that "secondary" book does not come into it.

      Perhaps in a more copyright-y manner, that the expression of ideas extends to more than just the words and images on the page, and must extend to cover (at least some) issues of structure and material selection.

      (Just my reading of it, but hope it helps!)

    13. Re:The crux of the matter by SpeZek · · Score: 1

      Textbook prices depend on discipline. A biology book is $250 easily. Of course, the international edition is only $50.

    14. Re:The crux of the matter by vlm · · Score: 2

      But how is the rest of the alignment done? Is is a manual process where and editor goes through and maps ever textbook they get a hold of? It is an automatic process based on the Table of Contents? (or index?)

      It seems to me there are two important parts of making a text-book that would deserve copyright protection:

      1. The narrative text/examples.
      2. The 'flow'. The order by which the author chose to present the facts and lead you through the understanding.

      Those are the two creative parts of the textbook. Those are what differentiate it from another 'book of facts.'

      As much as I hate textbook cartels, I'd have to say that this 'alignment' process definitely has the potential to encroach on the actually creative side of textbook design, so I'd say the lawsuit has some merit. Of course, I haven't studied an 'aligned' book or the book from which it was derived. Heck, I didn't even RTFA.

      I think you are trying to define the word "curriculum".

      For example, my kids district enforces that the teachers teach to the "connected mathematics" curriculum as seen in this wiki article. It is possible your local district also uses connected math, or perhaps it one of the numerous competitors. Personally I grew up in the IMP era across town in the same school district, but was able to self teach to a reasonably high level, so it turned out OK anyway.

      http://en.wikipedia.org/wiki/Connected_Mathematics

      To summarize your /. post, you are of the opinion that curriculums can be copyrighted. I'm not convinced. Its like trying to copyright the concept of "heavy metal" or copyright the concepts of "hip hop". One specific implementation, sure, OK, but general fads/trends in the field seem like an overly broad coverage.

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    15. Re:The crux of the matter by interval1066 · · Score: 1

      The problem is that technology is creeping up on the established publishers and they're nervous.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    16. Re:The crux of the matter by Chris+Mattern · · Score: 1

      The publishers are trying to claim they can copyright an idea. Unless the judge is bought and paid for twice over, that'll get thrown out of the court so hard it'll bounce twice.

    17. Re:The crux of the matter by Chris+Mattern · · Score: 1

      Their claim is not that the picture itself is being infringed (and if it was, it would be for wikipedia to pursue the claim, but of course wikipedia permits that) but that the mere idea that a bear running illustrates the first law of thermodynamics is copyrightable and that's what is being infringed upon.

      And that's where it falls down, as the fact that ideas are not copyrightable, but only the representations of those ideas, is one of the basic principles of copyright law.

    18. Re:The crux of the matter by Anonymous Coward · · Score: 1

      How similar were those pictures? I would have never thought to use a 'bear with a fish' to do thermal dynamics. That seems to be a 'non-obvious' solution. Someone else using that example would definitely be copying, even if they didn't use the exact same bear picture.

      So what? Your example is perfect. It's an idea. Copyright doesn't give you control over ideas. You can't copyright an idea. I don't get why people seem to think any copying is evil. We've turned the debate upside down. Prevention of copying is a agreed upon evil to achieve a goal (promotion of the arts). It's not the default state.

    19. Re:The crux of the matter by Endo13 · · Score: 4, Interesting

      Except now you're trying to copyright an idea.

      Seems to me, there's a fairly obvious reason why ideas were excluded from copyright. Once you start, where do you stop? So a bear catching a fish is "too similar"? What if it's a different color bear, catching a different kind of fish? What if it's a different kind of animal that looks like a bear, but isn't really? Or what if it's a bear catching something that looks like a fish, but isn't? One could also argue that *any* animal catching *any* fish or anything similar is "non-obvious" and therefore too similar.

      But above all, the authors of the textbooks knew what kind of risks there are before they ever started. They knew you can't copyright facts or ideas. If you're merely organizing and explaining certain facts, you shouldn't be too surprised if someone else attempts to do the same thing in a slightly different (although similar) manner.

      This isn't really about copyright infringement at all. It's about an industry that is rapidly becoming obsolete, and the greedy fat cats trying to keep it going to keep getting fatter off it.

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    20. Re:The crux of the matter by honkycat · · Score: 2

      It's not ownership of the facts that they're claiming, it's the organization of the facts that they present in the text.

    21. Re:The crux of the matter by pegr · · Score: 2

      "Analysis" sounds like someone's ideas. Ideas are not copyrightable, only expressions of ideas.

    22. Re:The crux of the matter by Thing+1 · · Score: 1

      An artistic choice was made by the author -- a running bear shows the first law of thermodynamics (I certainly don't see it, but whatever) and they think this is copyrightable.

      Well they should do the honorable thing, then, and change the picture to one of a naked man running. (The joke is "running bare"... The use of "man" was so the book wouldn't suddenly be appealing...)

      --
      I feel fantastic, and I'm still alive.
    23. Re:The crux of the matter by eth1 · · Score: 3, Insightful

      This isn't really about copyright infringement at all. It's about an industry that is rapidly becoming obsolete, and the greedy fat cats trying to keep it going to keep getting fatter off it.

      I'm also willing to bet that the textbook cartel has had their sharks circling this company for a while looking for any standing whatsoever to sue over. This is probably just the first vaguely plausible thing they've come up with.

    24. Re:The crux of the matter by AlamedaStone · · Score: 1

      I'm not an expert or anything, but wasn't "look-and-feel" the basis for that failed historic Apple suit against Microsoft? I have it in my head that this isn't sufficient to reach the level of infringement, but my head is often wrong.

      --
      "All these years believing you're the signified monkey, only to find out you're just a big hunk of nobody cares."
    25. Re:The crux of the matter by Anonymous Coward · · Score: 0

      Yes, I own of the laws of thermodynamics (bought from the descendants of Sadi Carnot). ALL you people are scum sucking free loaders and paraphrasers.
      I don't really get the whole Bear thing, but I'm sure it's NOTHING without me!!

    26. Re:The crux of the matter by perpenso · · Score: 1

      I'm not an expert or anything, but wasn't "look-and-feel" the basis for that failed historic Apple suit against Microsoft? I have it in my head that this isn't sufficient to reach the level of infringement, but my head is often wrong.

      I don't think it was failed in the sense that it was thrown out completely. I think it was failed in the sense that most, but not all, of Apple claims were thrown out. Again IANAL, but I think the key is that the court said obvious expressions were OK. So many metaphors passed this test but a few failed, for example the trash can. Hence the recycle bin in Windows. Was it OS/2 that had a shredder?

      So in the case of using a bear to depict thermodynamics, I think that falls into the trash can like situation where the court said non obvious things were infringing.

    27. Re:The crux of the matter by Dasuraga · · Score: 0

      Yelling out generalities doesn't make you any righter.

    28. Re:The crux of the matter by vux984 · · Score: 1

      Except now you're trying to copyright an idea.

      I'm Pam
      Pam's Me

      This Pam-is-me
      This Pam-is-me
      I don't much like
      this Pam-is-me!

      Would you take
      Grey rice and tea?

      I don't much want them
      Pam-is-me
      I will not take
      grey rice and tea. ...

      You really going to try and tell me that this is not a derivative work?

      Taking a text book, and mechanically recreating its content substituting other content intended to convey the same essential information is about as textbook a defnition of creating derivative work as youcan get.

      Does the process work without an original textbook to align to? No.

      I am ALL for open textbooks and open courseware, but sorry, mechanically creating an "open version" of a textbook by this method is not the way to do it.

    29. Re:The crux of the matter by Patch86 · · Score: 1

      How similar were those pictures? I would have never thought to use a 'bear with a fish' to do thermal dynamics. That seems to be a 'non-obvious' solution. Someone else using that example would definitely be copying, even if they didn't use the exact same bear picture.

      Whether it is copying or not is moot- only whether it is copyright infringement matters. The two are not strictly synonymous.

      Copying is inevitable at that broad level. Lets say that one of the students who uses that textbook is really taken by that example. It really clicks with them, they really gain a better understanding of the concept being illustrated, and they really internalise the bear-and-fish model as a way of understanding thermodynamics (which is presumably the dream goal of any text book writer). Several years down the line, that student has grown up to be someone creating content in that field (maybe as a text book writer themselves, or a pop-science writer, or a university lecturer, etc.); as the bear-and-fish idea really worked for them, they include it in their work as a way of illustrating the concept. Have they infringed the copyright of the person who originally had that idea, even though the wording, imagery and layout are not the same? Even if they can't even remember where they originally saw the idea?

      That's why ideas aren't copyrightable; only specific artefacts (such as text and images).

    30. Re:The crux of the matter by Endo13 · · Score: 1

      Of course it's derivative, but then so is everything else these days. It's impossible to create any new work wholly of new cloth, and that's especially true when your work is simply organizing and expounding on publicly available facts.

      As for a textbook, it only makes sense that any such book is going to be similar to most other textbooks on the same subject material, because there's a natural flow to learning. You don't teach someone algebra without first teaching them basic addition.

      So yes, it's absolutely true that this open textbook couldn't have worked without an original textbook to align to. But there's nothing wrong with that. Where, pray tell, did the authors of the previous textbook get all their information from? Did they put in the time and money to do all the experiments and research themselves? No. Did they make sure to carefully pay a license fee to every individual whose work they borrowed for their textbook? I highly doubt it. But that's how academia is supposed to work. You can't stand on the shoulders of those before you and then cry foul when someone else stands on yours.

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    31. Re:The crux of the matter by jc42 · · Score: 1

      As for a textbook, it only makes sense that any such book is going to be similar to most other textbooks on the same subject material, because there's a natural flow to learning.

      Or, more to the point, it's often because of restrictions imposed by school curricula. If you don't use the "flow" of information and ideas required by a school district's curriculum, that is ground for banning your product.

      It's quite well understood in the US, for example, that most textbooks are consciously written to the requirements of the school boards of California and Texas, because they're the largest mass purchasers of textbooks. If your textbook doesn't match the specs for those two states, you'll lose out in two of your biggest markets. And there's a positive-feedback loop, in which smaller states copy those two states' requirements, because otherwise they won't find very many textbooks that fit their "variant" standards.

      Given this fact-of-life about the textbook market, it's no surprise that all the textbooks on a given topic would be similar. And if this court case is decided in the publishers' favor, it could be a disaster to smaller publishers, not just the electronic upstarts. This case has the potential of locking out all but the very largest publishers from making sellable products, since if you write a textbook to fit the California or Texas specs, you'll automatically be "copying" what the largest publishers have already done.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    32. Re:The crux of the matter by chrismcb · · Score: 1

      So... is that wrong? I don't get it. If it's Creative Commons, doesn't that allow this sort of thing, by definition?

      It isn't the authors of the photo that Boundless used that is suing, it is the author of the book that Boundless copied that is suing. You can't copy someone elses work, and replace it with "open source" versions and call it good.

    33. Re:The crux of the matter by chrismcb · · Score: 1

      This isn't really about copyright infringement at all. It's about an industry that is rapidly becoming obsolete, and the greedy fat cats trying to keep it going to keep getting fatter off it.

      I don't quite understand the process Boundless is using, but based on the fact that the end user selects which "fat cat" book their class is using, and that there is a "mapping of printed book to open material" Seems to imply that the Boundless product would not exist independent of these "obsolete dinosaurs."
      In other words these companies are creating something that Boundless is then copying. They apparently aren't obsolete as the product is being used (and copied) The expense of making a text book doesn't lie in the photos used.
      I'm curious what Boundless will do if the big 3 publishers stop publishing the books?

    34. Re:The crux of the matter by sjames · · Score: 1

      If we built this large wooden badger...

    35. Re:The crux of the matter by vux984 · · Score: 1

      This case has the potential of locking out all but the very largest publishers from making sellable products, since if you write a textbook to fit the California or Texas specs, you'll automatically be "copying" what the largest publishers have already done.

      There's a huge difference between writing a text book to a curriculum, no matter how restrictive it is...

      and mechanically taking a textbook and replacing it paragraph for paragraph, diagram for diagram, image for image with something equivalent but slightly different.

      When you were assigned tests and homework in school, and the format of what you turned in was pretty rigid, and you were all answering the same questions... but we had no trouble then understanding that writing our own answers and handing them in was acceptable while taking someone elses answers and then just rearranging them a bit, and pushing it through a thesaurus was dishonest, or that automating the process was even more dishonest.

      We all had no trouble understanding then, that 2 independant people writing answers that were equivalent was nothing the same as 1 person copying answers from the other.

      How you got your answers was just as important as the result.

      CLEARLY, taking a work, and mechanically transforming it into a new equivalent work is by definition a derivative work.

      While two independant authors coming up with similiar results when posed similiar constraints is not.

    36. Re:The crux of the matter by Anonymous Coward · · Score: 0

      I think it's because certain people have started to conflate copyright, patents and trademarks under the non-descript banner "Intellectual Property".
      It's all intellectual property, innit? Let's take the most strict interpretation of each of those three and assume it applies to the other two.
      See also Richard Stallman's VERY clear essay: http://www.gnu.org/philosophy/not-ipr.html

    37. Re:The crux of the matter by Rysc · · Score: 1

      You really going to try and tell me that this is not a derivative work?

      The law is not that simple. If you fleshed out the rest of the original Dr. Seuss book in your new form and published it as a children's story, yes you would probably be liable for copyright infringement. If you published a snippet like that in a substantially different work, even if it was also a children's book, you probably would not be liable for copyright infringement. Your work as a whole may or may not be a derivative based on (and this is important!) the arguments of your lawyers and the lawyers opposing them, as well as the understanding of the judge. Until a case is examined it's impossible to know for sure, even if you're an expert.

      Taking a text book, and mechanically recreating its content substituting other content intended to convey the same essential information is about as textbook a definition of creating derivative work as you can get.

      I don't have a problem with someone doing what you describe and I believe it should be legal. Making a work-alike product which is sufficiently similar to serve as a drop-in replacement should always be legal; only patents could interfere.

      Whether the company in this case is doing something illegal is impossible to judge without reviewing substantial portions of one of their 'equivalent' textbooks and comparing it to the original, and even then a judgement that wasn't vetted in court would be worthless. We shall see whether in this case the entire work is substantially composed of 'questionable' recreation of this sort.

      --
      I want my Cowboyneal
    38. Re:The crux of the matter by jc42 · · Score: 1

      Taking a text book, and mechanically recreating its content substituting other content intended to convey the same essential information is about as textbook a defnition of creating derivative work as youcan get.

      So if I were to rewrite a section of a textbook, but "merely" rephrase the text so that it's easier to understand, I would be guilty of copyright infringement.

      This is pretty much how copyright and patent have always been used, of course, and it's a very effective way to block improvements in textbooks (or "Progress of Science and useful Arts", as the US Constitution phrases it).

      It hasn't escaped my notice that the discussion here seems to have casually avoided the question of whether a rephrasing is an improvement or not.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    39. Re:The crux of the matter by Endo13 · · Score: 1

      Not necessarily. The point of mapping to the existing textbook is so you can be sure your open material meets the criteria for the course you're taking. This doesn't mean that Boundless couldn't still just as easily assemble online textbooks based on open material if they just had a list of specific topics covered in the course.

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    40. Re:The crux of the matter by Endo13 · · Score: 1

      When you were assigned tests and homework in school, and the format of what you turned in was pretty rigid, and you were all answering the same questions... but we had no trouble then understanding that writing our own answers and handing them in was acceptable while taking someone elses answers and then just rearranging them a bit, and pushing it through a thesaurus was dishonest, or that automating the process was even more dishonest.

      That has absolutely fuck all to do with copyright or honesty. It has everything to do with properly testing your knowledge of the material.

      CLEARLY, taking a work, and mechanically transforming it into a new equivalent work is by definition a derivative work.

      And the original textbook is simply a derivative of the work of other scientists or authors, whose work is also a derivative of someone else, etc. etc. Take any given page in the textbook and go find the source, and you'll find that the textbook is just a paraphrase of the source. That's how science and academics works. It's all based on knowledge built up over centuries, by the efforts of millions.

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      There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
    41. Re:The crux of the matter by vux984 · · Score: 1

      That has absolutely fuck all to do with copyright or honesty. It has everything to do with properly testing your knowledge of the material.

      The point stands however, that we have no trouble distinguishing between the two.

      And the original textbook is simply a derivative of the work of other scientists or authors, whose work is also a derivative of someone else, etc. etc.

      And anyone doing research will tell you its fine to cite and paraphrase from another work, but to go through another work, and paraphrase it paragraph by paragraph, image by image, diagram by diagram from cover to cover isn't even remotely approaching anything that might be considered fine.

      Take any given page in the textbook and go find the source, and you'll find that the textbook is just a paraphrase of the source.

      No, the definition of equation or variable or alebra might be paraphrased; but the examples they use to illustrate things, the images they use to add humor or insight, the sidebars ... its not copied whole cloth from anything else.

      It's all based on knowledge built up over centuries, by the efforts of millions.

      And to create a new work, you need to accumulate knowledge from several sources, while adding your own insights.

      You don't just take an existing book, and paraphrase it cover to cover. To say that's the same thing is idiotic.

    42. Re:The crux of the matter by vux984 · · Score: 1

      If you fleshed out the rest of the original Dr. Seuss book in your new form and published it as a children's story, yes you would probably be liable for copyright infringement.

      That was where I was going. Because the context is taking an existing book, and paraphrasing it from cover to cover.

      As to the arguments the lawyers might make:

      I've publicly told everyone I took Green Eggs and make a line by line transcription of it to create a book that was essentially the same.

      I've publicly told everyone that the sole reason I made it was to compete directly with Green Eggs and Ham to give parents a cheaper alternative.

      Your right, there's no way to KNOW for sure what the courts will do... but it probably should be copyright infringement.

    43. Re:The crux of the matter by vux984 · · Score: 1

      So if I were to rewrite a section of a textbook, but "merely" rephrase the text so that it's easier to understand, I would be guilty of copyright infringement.

      Why pick one particular textbook to paraphrase? If you are going to write a clear easy to understand explanation of a subject... write one. There is nothing stopping you.

      You don't have to paraphrase one particular textbook in lockstep from start to finish.

      It hasn't escaped my notice that the discussion here seems to have casually avoided the question of whether a rephrasing is an improvement or not.

      a) If you want to write a better textbook, write one without taking an existing one and paraphrasing it cover to cover. Surely paraphrasing it cover to cover isn't the ONLY possible way you can improve on it.

      b) That said, based on the largely automated and mechanical description of the process, I can't see it being anything but lower quality than the original.

    44. Re:The crux of the matter by Rysc · · Score: 1

      Your right, there's no way to KNOW for sure what the courts will do... but it probably should be copyright infringement.

      That's not where I was going. It's only likely to be infringement if the *entire work* turns out to be essentially this sort of trivial transformation of an original, or a substantial portion of the work. We've only seen one example cited and although there are probably others it must be proven in court that the sum of these is so large that the new book would essentially not exist without them.

      --
      I want my Cowboyneal
    45. Re:The crux of the matter by Endo13 · · Score: 1

      The point stands however, that we have no trouble distinguishing between the two.

      No, the point is irrelevant. Copyright is about copying, not plagiarism, especially not in the context you gave.

      And anyone doing research will tell you its fine to cite and paraphrase from another work, but to go through another work, and paraphrase it paragraph by paragraph, image by image, diagram by diagram from cover to cover isn't even remotely approaching anything that might be considered fine.

      That may or may not be the case, but that isn't what happened here so it's irrelevant.

      paraphrase [par-uh-freyz] Show IPA noun, verb, paraphrased, paraphrasing.
      noun
      1.
      a restatement of a text or passage giving the meaning in another form, as for clearness; rewording.
      2.
      the act or process of restating or rewording.

      That's not at all what Boundless did. They didn't reword or restate anything. They took articles and images provided freely by other individuals and used those.

      No, the definition of equation or variable or alebra might be paraphrased; but the examples they use to illustrate things, the images they use to add humor or insight, the sidebars ... its not copied whole cloth from anything else.

      And neither is the Boundless project.

      And to create a new work, you need to accumulate knowledge from several sources, while adding your own insights.

      What Boundless did wasn't a new work. It was simply a compilation of existing, open works freely available for anyone to use.

      You don't just take an existing book, and paraphrase it cover to cover. To say that's the same thing is idiotic.

      Fortunately, that's not what happened here. What happened was someone took existing, freely available information and compiled and organized it the same way as an existing textbook.

      The justice system may side with the prosecution here, but that doesn't make them right. No matter how you slice this, it's BS, and if they win the suit it just goes to show how fucked up our copyright system is and how badly it needs to be scrapped and rebuilt from the ground up.

      --
      There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
  5. Can you say "Desperation" by Penguinisto · · Score: 3, Interesting

    It's bad enough that profs happily write textbooks and have a partner do a quid pro quo arrangement (each prof in a pair requires the other's pricey textbook in a given class to get around the rules forbidding you to require your own). It's worse that textbooks "change" from year-to-year (often with no substantial content changes at all) in order to keep a revenue stream coming in. It's worse still the practices used to hamper the used textbook markets...

    Now students have to deal with crap like this?

    Glad I left academia years ago. :(

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
    1. Re:Can you say "Desperation" by TooMuchToDo · · Score: 0

      Yet another reason to remove professors from the equation. You should be able to communicate the knowledge of a course in written/recorded form (software/multimedia included). If you require a human body, you've failed.

    2. Re:Can you say "Desperation" by Anonymous Coward · · Score: 1

      It's bad enough that profs happily write textbooks and have a partner do a quid pro quo arrangement (each prof in a pair requires the other's pricey textbook in a given class to get around the rules forbidding you to require your own).

      I'm not going to say that the quid pro quo arrangement doesn't occur, and I agree whole-heartedly that there is lots wrong with the textbook industry, but

      a) I taught at various college and universities for 15 years and I am not aware of a single instance of this occurring,
      b) You imply that this is the norm, but the majority of profs have never written a textbook.

    3. Re:Can you say "Desperation" by Desler · · Score: 1

      Because you've never needed anyone to help explain things you don't necessarily understand the first time, have nver used someone as a feedback loop to make sure you aren't learning things wrong, or had any sort of mentor? Not everyone can perfectly learn things in isolation on their own from a text/audi alone.

    4. Re:Can you say "Desperation" by TooMuchToDo · · Score: 2, Insightful

      Are you implying that only professors of a subject can serve this purpose?

    5. Re:Can you say "Desperation" by lahvak · · Score: 4, Interesting

      I have fairly extensive experience with academia, and I have never seen a school that would have a rule prohibiting professors using their own books. I have also never seen professors having an agreement like the one you talk about. When I was an undergraduate student, about half my professors required their own textbooks, that were mostly available at the university store for a nominal price as mimeographed copies.

      As far as publishers coming up with a bogus "new" edition of a textbook every few years, I can assure you that professors hate that practice as much as students do.

      --
      AccountKiller
    6. Re:Can you say "Desperation" by Roger+W+Moore · · Score: 1

      If you require a human body, you've failed.

      So how do you manage without yours? ;-) Books, multimedia etc. can certainly go along way but you need someone to challenge your understanding, until we have AI computers, that requires a human to interpret what a student says and point out the flaws in their reasoning.

    7. Re:Can you say "Desperation" by lahvak · · Score: 1

      If the classes you are taking in college are at such a low level that you do not actually need a professor teaching them, you did not study hard enough at high school.

      --
      AccountKiller
    8. Re:Can you say "Desperation" by TooMuchToDo · · Score: 1

      That should have read: "If you require a human body to teach a subject to someone, you've failed"

    9. Re:Can you say "Desperation" by TooMuchToDo · · Score: 1

      I guess we'll just call it a big experiment, and see what happens when all the content is open sourced and freely available.

    10. Re:Can you say "Desperation" by networkBoy · · Score: 2

      Doubtful, however they are the ideal person for the job.
      It also doesn't change that you have an error in:

      If you require a human body, you've failed.

      By that logic, needing a TA for that feedback loop is still failure.
      While I hate the textbook cartel a ton, teachers still have a very useful purpose, especially in the introductory and very high level classes. The intermediate stuff people often can learn on their own, but when you are just entering into a field, or are pushing the limits of a field, having someone very knowledgeable to hold your hand/give feedback is a very good thing.
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    11. Re:Can you say "Desperation" by Anonymous Coward · · Score: 0

      Ah...there you have it...'at a nominal price', which probably indicated that the Professors in question had no financial gain in the publishing of the work and likely there was no major financial gain for any 3rd party publisher. At the University I studied at (Canadian), I had only 1 class where the material was from a book authored by the professor and he clearly explained that he was able to do this since he received no funds from the book and had ensured that only a minimal distribution cost was added to the price of the book thus the book was very cheap. Made it nice since the Prof knew the subject cold and the book was a really good secondary source to review his teaching of the subject.

    12. Re:Can you say "Desperation" by TooMuchToDo · · Score: 1

      I also believe that you don't need a TA in the feedback loop.

      I very firmly believe you can eliminate the need for people in teaching; it will take time, and it will take engineers to build software capable of optimizing teaching a student the material. Once you have the foundation though, you'll be able to add subjects to the framework once, and teach millions of people at little to no additional cost.

    13. Re:Can you say "Desperation" by DrgnDancer · · Score: 1

      "Professor" is merely shorthand for "subject matter expert." Yes, only a subject matter expert is likely to be able to explain your mistakes or tell you if you're doing it wrong. Graduate assistant and fellow students are also a resource; but being progressively less trained themselves, they are progressively more likely to be wrong themselves. This doesn't mean that a professor is always right, that student is always wrong, or that there is not a considerable amount of subjectiveness in any of this, but in general it is found that the great majority of people learn better when they are taught by someone expert in the field being studied. Thus schools hire people, theoretically expert, in the field to teach those students. Some professors suck, some students never needed professors in the first place; but in the vast majority of cases more knowledge is transferred with even a mediocre professor than with none.

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
    14. Re:Can you say "Desperation" by s73v3r · · Score: 1

      No, but you were the one that implied that teachers should be obsolete, and if you need one, then you've failed.

    15. Re:Can you say "Desperation" by Arrepiadd · · Score: 1

      I went to a summer school last year and one of the professors told us about the book where he went into detail on most of what he had explained. It was from a major publisher on science textbooks.
      He told us to go ahead and buy it, he was planning on getting rich with the 12 cents he got per copy sold. Yes, that's it... the author was getting 12 cents of a dollar per book sold!

      If your professors are arranging to get their books sold by their colleagues, the must have some great deals out of textbook companies.

    16. Re:Can you say "Desperation" by eyv · · Score: 1

      happily write textbooks and have a partner do a quid pro quo arrangement (each prof in a pair requires the other's pricey textbook in a given class to get around the rules forbidding you to require your own)

      citation_needed

    17. Re:Can you say "Desperation" by yurtinus · · Score: 1

      The content *is* open sourced and freely available. With a library card and a ton of time, you could become a subject matter expert in any number of fields for the past century. The problem is that *most* humans are not very good at working in a vacuum like that and generally need the guidance of a real live person. It is also very important to have the infrastructure in place to apply what you've studied. Probably not so much for mathematics and history - but in my experience at college I got far more out of applying the coursework in the associated labs (specifically thinking physics and than I would have from simply memorizing the coursework.

      I'm not saying the current methods are the best way to go about it - it really would be interesting to have a publicly accredited "demonstrate your knowledge for a degree" exam, but it's not a universal solution. The challenges in most schools these days is precisely that they try to apply a one-size-fits all approach to education which simply isn't the case. Software based learning is an excellent tool, but there really is no silver bullet here.

      --
      +1 Disagree
    18. Re:Can you say "Desperation" by networkBoy · · Score: 1

      To which I will respond:
      Good luck with that.
      Entry level students are almost the definition of "idiot".
      They will break your software [idea] in multitudes of glorious ways, at which point a human will still need to be involved.
      Once you fix all the issues raised by this year's freshman class, next years class will bring all new levels of idiot to the table and break you again. It's the way of the world.

      I genuinely believe you mean well, but God makes awesome idiots.
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    19. Re:Can you say "Desperation" by TooMuchToDo · · Score: 1

      If humans can write software to control space vehicles hurtling through the air at Mach 3 with extremely limited control surfaces, they can write software to educate idiots. Which set of software is more complex? That's to be seen.

    20. Re:Can you say "Desperation" by Anonymous Coward · · Score: 0

      Which set of software is more complex?

      Controlling the space vehicle is easier because it all reduces down to a mathematical description.
      http://en.wikipedia.org/wiki/PID_controller

    21. Re:Can you say "Desperation" by networkBoy · · Score: 1

      We are never going to agree...
      I think you greatly underestimate the idiots ;-)

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    22. Re:Can you say "Desperation" by Anonymous Coward · · Score: 0

      A Young Lady's Illustrated Primer

    23. Re:Can you say "Desperation" by Anonymous Coward · · Score: 0

      there is a lot of theory out there, but flaws in reasoning what makes you so sure the human teacher isn't simply using a layer of deluded but popular thought to confuse and screw with the heads of their students.

    24. Re:Can you say "Desperation" by j-beda · · Score: 1

      This doesn't mean that a professor is always right, that student is always wrong, or that there is not a considerable amount of subjectiveness in any of this, but in general it is found that the great majority of people learn better when they are taught by someone expert in the field being studied.

      Education is one of those fields where often the basis of what is "in general" found to be, is often not actually known. I wonder how much correlation there is between instructor expertise and student outcomes? I would not be surprised to find that people learn best from instructors just slightly more knowledgeable then themselves. Learning outcomes most strongly are influenced by the engagement and work done by the student, and it seems plausible that having subject matter expert instructors would be less effective than subject matter not-quite-so-expert instructors but higher student engagement.

    25. Re:Can you say "Desperation" by Roger+W+Moore · · Score: 1

      How can you be sure that the same is not also true of the author whose material you are reading? At least with a teacher there is some assurance that they are doing a decent job and know what they are talking about. With DIY internet resources who knows how reliable the material you are reading really is.

  6. Translation by currently_awake · · Score: 4, Interesting

    From the article: Those "Thieves" just copied our work, reworded stuff so it's not a direct copy, and now give it away! The question is how much do you have to re-word factual content in order to not be copyright infringement. There is a limit to how far they can differ and still cover the same (factual) material.

    1. Re:Translation by Intrepid+imaginaut · · Score: 2

      From what I can tell they are using stuff that's already in the public domain. I really don't see how there's a legitimate complaint here. I mean if they are using the layout of copyrighted works, as in paragraph 3 and 8 have the same meaning in both works, maybe, but it doesn't look that way.

    2. Re:Translation by David+Chappell · · Score: 1

      From the article: Those "Thieves" just copied our work, reworded stuff so it's not a direct copy, and now give it away! The question is how much do you have to re-word factual content in order to not be copyright infringement. There is a limit to how far they can differ and still cover the same (factual) material.

      The party which has brought this suit have described the upstart's product as a paraphrased version of their product. A paraphrase is a sentence-by-sentence rewording. If it is copyright violation to publish an unauthorized translation into another language and publish the translation, surely it is also a copyright violation to publish a paraphrase. But, we don't have enough information to say whether this is really what was done.

      There are ways to produce a replacement text without paraphrasing. For example, one could have someone read the text and produce an outline. One would then give the outline to a writer (who had never read the original book) and tell him to flesh it out into a textbook. It is likely that one could give the writer an outline with a high level of detail without risking copyright infringement.

    3. Re:Translation by Anonymous Coward · · Score: 0

      on the other hand you can't copyright facts. Plus it takes quite a bit of liquor to say that not copying something violates copyright laws.

    4. Re:Translation by honkycat · · Score: 1

      It's an interesting question. Clearly, a sentence-by-sentence rephrasing would be a violation. Independently assembling a textbook on the same topics would not be. Here we are somewhere in between, since it appears they're at least duplicating the work at the table of contents level, and perhaps at finer grain than that.

      While I'm as opposed as anyone to the shady crap that's perpetrated by the textbook publishers, I don't think the guys they're suing are behaving entirely ethically here either. It doesn't pass the sniff test.

    5. Re:Translation by fermion · · Score: 1
      To be fair, this is a private business which aparently recently raised 8 million USD in funds. Private funding agents do expect to loase some money, but they also expect to get a boat load back occasionally. As such this is not a case of a non profit or educational institution trying to collate content for educational purposes. It is private company that expects to use copyrighted material as a template to create material that may not be copyrighted, but is expected to be sold for a profit at some future time. To me it is like remixing. If I am remixing for myself or for an educational purpose, that should be more or less ok. If I set up a firm and get millions of dollars, then it becomes more ambiguous.

      I have seen firms like this. Mixing, adding value, and then, sometimes, selling the product. A lot of times it depends on the amount of original product. If we use another analogy, and go back a while, we can look at the Compaq clean room development of the PC clone, or the MS writing of MS WIndows based on the Apple Macintosh System GUI. Both had sufficient independence that the courts found then not infringing.

      It is not clear that this is not infringing. The process starts with a copyrighted textbook. The firm then copies the presentation in the textbook replacing copyrighted content with copyleft content. Is this fair? I don't know. It seems fishy to me.

      What really caught my eye though is the FAQ that does not appear to be on the website but does exist in the Google cache. In this FAQ, and I quote
      Do Boundless textbooks contain the problem and question sets from the original textbooks? No. We are working on a long term solution, but in the meantime there are a few easy options if your professor assigns questions directly from the book: 1. Grab the questions from one of your friends, school library, or professor. Many professors will post the questions to your class page. 2. You can find the questions to most large college textbooks online with a simple search. Search your assigned textbook name + chapter+ “questions” on Google. 3. Many sites such as Cramster.com will provide answers to all major college textbooks on their site. All three of these options in addition to using Boundless are better than wasting hard earned money.
      To the reasonable observer it certainly seems that the firm is encouraging students to engage in a practice that might violate copyright for no other reason to promote the profits of the firm. Mind you students have been copying problem sets for years. In many cases, a student solution manual is available at a fraction of the cost of the textbook, and many just buy this. But professors and others are very careful to never encourage such practice. You can't go the university copy shop and have someone copy the sets, you must do it yourself.

      So, to be clear I do not have any idea if what Boundless is doing is illegal, but the fact that it is a for profit firm seems to make a lot of the fair use and educational points moot. They do not seem to be adding value to the material. They pull stuff off the net and then sends the kids back to the original textbook. I would think that a textbook replacement at least would have problems sets. I don't take much credence in using the same examples, as there are just so many ways to illustrate a concept, but a book without problem sets is no book at all.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    6. Re:Translation by smi.james.th · · Score: 1

      The question is though, who owns those facts?

      --
      One thing I know, and that is that I am ignorant...
  7. Educational use by Coreigh · · Score: 2

    I thought educational use was exempt from copyright restrictions.

    --



    "Waitress I need two more boat-drinks..."
    1. Re:Educational use by jellomizer · · Score: 1

      One mistake of not using the correct citation in a paper that one you and your professor will read, you are kicked out of college in disgrace, for being the lowest form of life "a plagiarizer". You could murder someone but be able to finish you schooling. But if you didn't site your sources correctly you are banished from academia for ever!

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    2. Re:Educational use by Anonymous Coward · · Score: 0

      cite, not site

    3. Re:Educational use by Anonymous Coward · · Score: 0

      One mistake of not using the correct citation in a paper that (incomprehensible) one you and your professor will read, you are kicked out of college in disgrace, for being the lowest form of life, a plagiarizer (remove quotes). You could murder someone but be able to finish your schooling. But if you didn't cite your sources correctly, you are banished from academia for ever!

      Well, fixed a bit for you there. :)

    4. Re:Educational use by perpenso · · Score: 1

      I thought educational use was exempt from copyright restrictions.

      I think such exemptions are with respect to brief excerpts.

    5. Re:Educational use by dougmc · · Score: 1

      I thought educational use was exempt from copyright restrictions.

      You thought wrong.

      Educational uses are certainly one of the things that often falls under fair use but there's limits. For example, a teacher can probably legally copy an article to discuss it in class, but you can't photocopy an entire book legally.

      If the use is educational, that can make the case for the use being fair use stronger -- but it's only part of the equation.

    6. Re:Educational use by Anonymous Coward · · Score: 0

      I'm about 90% sure he was joking.

    7. Re:Educational use by David+Chappell · · Score: 1

      I thought educational use was exempt from copyright restrictions.

      You are thinking of the concept of fair use. Such uses are called fair because they do not unreasonably encroach on the right of the author to exploit his work commercially. The principle of fair uses recognizes that we sometimes have to make copies in order to study the work, comment on it, and show it to others. But, this principle does not permit us to try to take over the function of the publisher. Copying entire textbooks and distributing them to students (who will be studying the subjects expounded in the textbooks) would be taking over the function of the publisher.

      However, photocopying a few pages from a textbook and passing them out in a technical writing class so that students could examine a good (or bad) example would be fair use. It would probably also be fair use to copy an article from a newspaper and pass it out in class in order to aid in a discussion of politics or current events. This is what people mean when they say that copying for educational purposes is allowed.

  8. What would happen if access to knowledge was free? by Anonymous Coward · · Score: 1

    Buggy whip manufacturers.... bye bye

  9. array of sources ... just as good ? by perpenso · · Score: 3, Insightful

    ... pulls content from an array of open-education sources to knit together a text that the company claims is as good as the designated book ...

    A noble intention but I am suspicious of "as good as". Pulling stuff from various sources and slapping it together quickly is not a strategy known for producing "as good as" products. Perhaps a "good enough" product though.

    However is the "knitted together" text better than, or even different from, just googling and reading some of the top sites, reading various topics on wikipedia?

    Also with respect to "as good as" I am *not* counting the missing homework problems against it.

    1. Re:array of sources ... just as good ? by David+Chappell · · Score: 1

      However is the "knitted together" text better than, or even different from, just googling and reading some of the top sites, reading various topics on wikipedia?

      The difference is that this upstart publisher claims to do the googling for you and to organize the results. It would be difficult to do it yourself since you would have to first borrow the book from a classmate and create an outline so that you would know which topics will be discussed in class and in what order.

    2. Re:array of sources ... just as good ? by RazorSharp · · Score: 1

      They're probably better. Modern U.S. textbooks are terrible.

      Look at modern math books, for example. They're ridiculously large and most the pages are filled exercises. Most of the exercises are painfully easy, then there are some difficult ones, and then a couple of real tough ones. Then other portions are dedicated to stupid little "Did You Know?" boxes that explain something that's pretty irrelevant to the subject at hand. Then you have several diagrams which all do a poor job of explaining the same concept in different ways.

      Look at most European math books. A fraction of the size, an emphasis on formulae and theory, and fewer but more difficult exercises. I haven't seen any east Asian textbooks but I'd be willing to bet they follow a similar model.

      Considering that these countries tend to do much better than the U.S. academically, especially in math and hard science, it would make sense to copy their methods. The only problem with that is the hundreds of pages of diagrams and fluff exercises cost more - they require more employees, more paper, more ink, and most importantly a higher price tag. More revenue, more profit.

      In America there is a new name for God - it's The Market. We worship The Market, we are grateful for what The Market gives but do not demand any more, and we dare not try to control The Market for there is no greater blasphemy. Attempting to undercut the market with free products - whether it be software or a textbook or community service - that's the worship of the evil false idol: socialism.

      --
      "From the depths of my skeptical and rationalist soul, I ask the Lord to protect me from California touchie-feeliedom."
    3. Re:array of sources ... just as good ? by Anonymous Coward · · Score: 0

      You'd be correct if we weren't talking about education textbooks which are some of the most horribly edited, factual incorrect farse's ever to be published. Take a look at a math textbook of recent vintage. More words than numbers and none of it makes any sense or seem to have any logical structure or flow to the cirriculum. Given that, I'd imagine "knitting together" a bunch of wiki articles to more than likely "better than"... :-)

    4. Re:array of sources ... just as good ? by perpenso · · Score: 1

      Given that its reported that they are reproducing the look and feel of the US textbook down to the bear photos I'd expect that the possible advantage that you suggest is not present.

      FWIW I get exactly what you are saying regarding modern US textbooks. I have an uncle who studied engineering in the 1950s. I was shocked at how small and thin his books were. Then when I opened them I understood, no fluff, just math and science ... plus an expectation that you were in the brighter half of the freshman class that would make it to graduation.

    5. Re:array of sources ... just as good ? by perpenso · · Score: 1

      In the 90s I was actually involved in the development of a chemistry textbook, we did some software that was bundled with the textbook and some technical quicktime movies as well. I got to spend some time around the two chem professors who authored the textbook and despite all the graphics and multimedia stuff that I thought somewhat excessive, they did too but the "market" demanded it, they did pay a lot of attention to logic and flow and curriculum. That even extended to the software we were doing for the book. They conscientiously wanted the software to be a good fit too.

    6. Re:array of sources ... just as good ? by Anonymous Coward · · Score: 0

      ... pulls content from an array of open-education sources to knit together a text that the company claims is as good as the designated book ...

      A noble intention but I am suspicious of "as good as". Pulling stuff from various sources and slapping it together quickly is not a strategy known for producing "as good as" products. Perhaps a "good enough" product though.

      However is the "knitted together" text better than, or even different from, just googling and reading some of the top sites, reading various topics on wikipedia?

      Also with respect to "as good as" I am *not* counting the missing homework problems against it.

      Look, the question isn't whether Boundless has a viable business model. Maybe the "just as good" isn't. Let the market decide that, as people try the books and make that judgment. The publishers are trying to short-circuit that and protect their obsolete business model. In fact, they must be pretty worried that Boundless is "just as good" enough, or they wouldn't be trying to shut them down.

    7. Re:array of sources ... just as good ? by __aajgon4133 · · Score: 1

      In America there is a new name for God - it's The Market. We worship The Market, we are grateful for what The Market gives but do not demand any more, and we dare not try to control The Market for there is no greater blasphemy. Attempting to undercut the market with free products - whether it be software or a textbook or community service - that's the worship of the evil false idol: socialism.

      Copyright is, by definition, government interference in the free market.

    8. Re:array of sources ... just as good ? by Anonymous Coward · · Score: 0

      ... they must be pretty worried that Boundless is "just as good" enough, or they wouldn't be trying to shut them down.

      Not necessarily. If an owner fails to defend certain intellectual property rights they can loose their rights. Plus if Boundless is duplicating the look down to bear photos they most likely have a flawed business model. Suing such an enterprise, rather than letting nature take its course and let them fail, is valuable in that it deters others who were thinking about providing a similar services. Perhaps a similar service with a better business model, perhaps a model that didn't try to duplicate the fluff.

    9. Re:array of sources ... just as good ? by RazorSharp · · Score: 1

      In America there is a new name for God - it's The Market. We worship The Market, we are grateful for what The Market gives but do not demand any more, and we dare not try to control The Market for there is no greater blasphemy. Attempting to undercut the market with free products - whether it be software or a textbook or community service - that's the worship of the evil false idol: socialism.

      Copyright is, by definition, government interference in the free market.

      Who said anything about free? It's a meaningless qualifier to trick stupid people, like the 'Great' in Great Britain. 'Free' is the word that makes people believe in the market even though it's not an accurate description (let alone one anyone could ever agree on the meaning of).

      But really, the way copyrights and patents have been utilized throughout the past century and the way that these laws have changed demonstrate the fierce independence of those with lots of power in the market. The government may interfere with the market, but only at the insistence of Mickey Mouse. Is the dog wagging the tail or is the tail wagging the dog?

      --
      "From the depths of my skeptical and rationalist soul, I ask the Lord to protect me from California touchie-feeliedom."
  10. Losers by Anonymous Coward · · Score: 0

    The publishers are Pearson, Cengage Learning, and Macmillan Higher Education.

    I'm glad they explained that they are publishers.
    I always thought of them as failed investment bankers.

  11. next industry to be affected by the internet by n4djs · · Score: 4, Interesting

    how long is it going to be before the state and local governments figure out that commissioning a single book that they own the rights to as a group starts becoming more cost effective? Would it not make sense that there isn't anything particularly new in geometry or algebra that forces the need for a new rewrite of textbooks every 2-3 years? Or to avoid the $100/book charges being made for dead tree editions of textbooks? Would it not make sense to have one definitive book on the subject, and holding the copyright in common for all to use? As the cost continues to rise at rates exceeding inflation on textbook materials, it becomes more and more attractive to own your own curriculum materials so you don't continue to pay for them over and over again. I feel it is just a matter of time before this happens, particularly give the finanical squeeze occuring in state and local governments.

    1. Re:next industry to be affected by the internet by n4djs · · Score: 1

      and of course, this assumes that there is no underlying graft going on between the textbook companies and the administrators specifying the books...

    2. Re:next industry to be affected by the internet by vlm · · Score: 1

      Would it not make sense that there isn't anything particularly new in geometry or algebra that forces the need for a new rewrite of textbooks every 2-3 years?

      Teaching fads rotate on an interval a little longer than the reign of a typical mid-level district administrator, for obvious reasons.

      What sounds easier for a "typical seagull manager"... Select a new set of textbooks, or author/oversee/demand a customized by them new curriculum?

      What sounds less dangerous for a typical risk adverse mid-level district administrator, buy an entire book from a multinational corporation, or personally sign off on a new homemade curriculum? The danger is page 142 paragraph 2 line 3 might be seen as inappropriately non-multicultural, and its much safer to blame some new york text book publisher than to blame the admin who signed off on it herself.

      Also whats less difficult for the high level district administrators, hire a staffmember who literally wrote the book on trigonometry or hire a staff member who just rubber stamps purchase orders from textbook publishers...

      The REAL mystery is why startups are publishing these books. An established budget reprinter like Dover or a book on demand provider like lulu should be doing this "free textbook" publishing stuff. Finally, if the textbook truly is free, and I really want a paper copy, Dover or lulu is probably cheaper and much more stylish than burning my laserprinter up and stapling the printouts. Even my local printshop/photocopier place used to sell formal class notes from professors at just above the cost of copying, nicely bound, etc. So why is it all "startup startup startup"? There seem to be missing players...

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    3. Re:next industry to be affected by the internet by __aaeihw9960 · · Score: 1

      and of course, this assumes that there is no underlying graft going on between the textbook companies and the state representatives, parent groups, school boards, teachers (rarely), lobbyists, and other assorted meddling government employees and members of the public depending on what state you live in specifying the books. . .

      FTFY

    4. Re:next industry to be affected by the internet by Anonymous Coward · · Score: 0

      California is already doing this:

      http://opensourcetext.org/

    5. Re:next industry to be affected by the internet by Anonymous Coward · · Score: 0

      actually, if the group is large enough, it de facto becomes the standard text, and there would be sufficient political cover by chosing that way to go... and don't under estimate the desire to get a $10/copy book vs. a $100/copy one - costs will inheriently drive the schools towards an open solution.
        The biggest issue is that things like science books may be rewritten to reflect 'facts' such as 'the earth is flat', 'dinosaurs walked the earth 6000 years ago', intelligent design and other nonsense. The more people involved in the process of review, the less likely this would be happen. There would be a bit of debate over these sorts of issues, to say the least. There is a pretty big number of people in the general population that really don't understand that scientific theories are not still open for debate - if so, they would fall under the catagory of 'untested hypothesises' instead. Evolution obviously is a prime example.

    6. Re:next industry to be affected by the internet by s73v3r · · Score: 1

      Because then you'd have people bitching about "SOCIALIZM!" and crap. Of course, the way things are going now, people are bitching about spending too much money on education.

    7. Re:next industry to be affected by the internet by vlm · · Score: 1

      if the group is large enough, it de facto becomes the standard text, and there would be sufficient political cover by chosing that way to go

      Just thought of another problem, if curriculums were free, then you'd have parents with the "I didn't pay 10 times as much to live in this suburb to get the same curricula as the inner city kids get". Might be a badge of honor in rich districts to blow money on expensive proprietary books. Already works that way with software.

      The biggest issue is that things like science books may be rewritten to reflect 'facts' such as 'the earth is flat', 'dinosaurs walked the earth 6000 years ago', intelligent design and other nonsense

      CC-ND seems to prevent that, while allowing cheap copies, but also prevents the de-planetization of Pluto, or the proof of Fermats last theorem exists, exoplanets have been detected, etc.

      Maybe they need a standards committee which releases CC-ND...

      Another idea might be to give up on "truth" and just teach "2012 astronomy" until someone ponies up the cash to write "2018 astronomy". With some paragraphs at the start that kids better get used to technological change so they better understand that some stuff in the books is a bit out of date. We already accept this with paper, but with instantly distributed e-books it might take some getting used to, that I can download "2007 astronomy" for free and instantly, but its forever going to be "2007 astronomy" even if I download it in 2012...

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    8. Re:next industry to be affected by the internet by vlm · · Score: 1

      Another idea might be to give up on "truth" and just teach "2012 astronomy" until someone ponies up the cash to write "2018 astronomy".

      Ooooh I just thought of something really evil, which is probably how its going to turn out. Anyone can download "2009 astronomy" for free instantly, instead of paying $40 for a textbook, but ... if you want a copy of "2012 errata and new discoveries for 2009-astronomy" then you're going to have to shell out $40 to the usual suspects. Thats the solution that screws the most people, so that's probably what we'll be stuck with.

      Sort of like how I never understood in my youth how the "cliffs notes" somehow cost more than paperback versions of the literature they discussed...

      And I bet they could clean up selling "disposable workbook compatible with astronomy-2009" neatly printed with extra problems etc.

      Oh and answer keys too. And test study guides.

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    9. Re:next industry to be affected by the internet by Anonymous Coward · · Score: 0

      Why does everyone here on /. refer to them as "dead tree" editions? Wouldn't it be easier to write "paper" editions?

    10. Re:next industry to be affected by the internet by complete+loony · · Score: 1

      This is exactly what is happening in South Africa right now. Though the government didn't start the project, they have started printing open text books for all students.

      --
      09F91102 no, 455FE104 nope, F190A1E8 uh-uh, 7A5F8A09 that's not it, C87294CE no. Ah! 452F6E403CDF10714E41DFAA257D313F.
  12. Hah. by JustAnotherIdiot · · Score: 1

    citing 'copyright infringement,' as the company is making similar textbooks using open material.

    You're textbook has 1+1=2 in it?
    Ours had it first, so we're going to sue you now.

    --
    What do I know, I'm just an idiot, right?
    1. Re:Hah. by Anonymous Coward · · Score: 1

      citing 'copyright infringement,' as the company is making similar textbooks using open material.

      You're textbook has 1+1=2 in it?
      Ours had it first, so we're going to sue you now.

      I'll just leave this here: https://en.wikibooks.org/wiki/English_Grammar. It's free!

  13. Some open materials based on proprietary sources by concealment · · Score: 4, Insightful

    I don't know whether this lawsuit will succeed or fail, but many open source and open materials are based on proprietary materials.

    For example, much of Wikipedia is graduate students and college students taking ideas from their textbooks, compiling them and putting them into their own words.

    Linux is based on a commercial operating system, and many of its best software packages are either clones of popular Windows software packages, or enhancements to academic projects (like Apache and Mozilla).

    The two need each other it seems.

    The point of that is that it makes sense for us to keep a profit motive for development of new proprietary materials, and over time, to migrate older knowledge to the realm of free and open learning.

  14. Complaint is BS by Baloroth · · Score: 3, Interesting

    The companies are complaining not because the textbook is actually copying them (which would be a violation of copyright), but because the free texbooks are copying their ideas. The example TFA gives is that the copyrighted textbook uses a picture of a bear to illustrate the laws of thermodynamics, and the open-source version uses another different but similar picture of a bear (properly licensed under a CC license).

    Basically, the companies are claiming they hold the copyright to the idea of using a bear to illustrate a law of thermodynamics. I call that "bullshit." They don't have a leg to stand on under copyright law, IMO (well, they shouldn't, IANAL so I cannot say for certain). Ideas can, infact, be freely copied: you cannot copyright them, and you never could.

    Now, if they'd patented that idea, it'd still be bullshit, but maybe they'd have had a case legally speaking.

    --
    "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
    1. Re:Complaint is BS by Registered+Coward+v2 · · Score: 2

      The companies are complaining not because the textbook is actually copying them (which would be a violation of copyright), but because the free texbooks are copying their ideas. The example TFA gives is that the copyrighted textbook uses a picture of a bear to illustrate the laws of thermodynamics, and the open-source version uses another different but similar picture of a bear (properly licensed under a CC license).

      Basically, the companies are claiming they hold the copyright to the idea of using a bear to illustrate a law of thermodynamics. I call that "bullshit." They don't have a leg to stand on under copyright law, IMO (well, they shouldn't, IANAL so I cannot say for certain). Ideas can, infact, be freely copied: you cannot copyright them, and you never could.

      Now, if they'd patented that idea, it'd still be bullshit, but maybe they'd have had a case legally speaking.

      No, they're suing because the company used their layout, decisions on what to use to illustrate concepts, et

      --
      I'm a consultant - I convert gibberish into cash-flow.
    2. Re:Complaint is BS by Anonymous Coward · · Score: 0

      No, no, I'm sure they're fine.

      By the way, I have this idea for a superhero from Kraptoon. Our yellow sun gives him superpowers (Kraptoon has a blue sun). His secret identity is mild-mannered reporter Carl Clemmens. His arch nemesis is Lucius Larant. His love interest is Rita Roadway. He wears a yellow cape and a red suit with a blue and yellow "S" on the front. The S stands for Sensational. He is Sensational Man. He can fly and shoot heat rays out of his eyes. He's impervious to (and faster than) streaking bullets.

    3. Re:Complaint is BS by Anonymous Coward · · Score: 0

      And on his planet 1+1=4

    4. Re:Complaint is BS by Anonymous Coward · · Score: 0

      Not even remotely related to what happened. It's almost impossible to create something that's not similar to things in the past. In fact, normal people do it all the time. Essays, Wikipedia, etc. Then there's the fact that they were just stating facts. Honestly, this whole thing is completely ridiculous. And we don't even know if any of the allegations are true!

      But for what's it's worth, I see absolutely nothing wrong with that.

    5. Re:Complaint is BS by manonthemoon · · Score: 1

      Shazam!

  15. Eeek!... by gatfirls · · Score: 1

    ...a market competitor! Kill it George!

  16. The double edged sword of litigation. by AtomicAdam · · Score: 1

    I had not heard about boundless before. Thanks to this litigation, I can now sign up. This is fantastic. But seriously, a math book has questions that the teacher assigns. That is the only reason I paid $280 for my used Calc book. I use the web to actually learn the stuff.

    1. Re:The double edged sword of litigation. by Anonymous Coward · · Score: 0

      Whoa $280 used for a Calc text? I paid just over $100 used in the late 90s and thought that was nuts!.For 300-year-old knowledge! The textbook racket is one of the big beefs I have with Acadamia, along with the pervasive lie that a degree makes you a better employee, manager, or more valuable person. From the PhDs that I've known I've concluded that sitting on your ass studying for 8 years may fill your head with interesting things, but it does NOT make you a good manager of people. Employers need to stop assuming that it des.

  17. Thanks, guys! by Anonymous Coward · · Score: 0

    You helped me greatly in knowing who to ignore when it comes to any sort of information, regardless of the content in question.
    These 3 companies can join the list of "Dead To Me" that seems to be accelerating in growth each year.

    Notice how these types always go after the ones "nobody knows about", rather than the ones that already exist and have a following.
    Absolute cowardice of the worst kind. It is like picking on a baby because it was just born.
    Who wants to bully those at their own age? Old and busted. Bullying the young'ins is the new hotness.

    I hope they get help from a large group. Surely he EFF would step in? This covers their mission I'm sure.

  18. Prior Art by shameless · · Score: 2

    What's funny is that this sort of "alignment" has been taking place for *years* in dead-tree textbooks.

    An example: Back in the 80s I was taking a class in differential equations and was having some trouble. So I went down to the library to see if different textbooks might have different approaches that could help me out. I pulled down four textbooks (different authors) and sat down to read. Turns out EVERY SINGLE ONE of them presented exactly the same concepts in exactly the same order with pretty much the same descriptions. Didn't help me one bit, but it shows how a math professor can make a few extra bucks for very little effort... #include

  19. Not that I don't hate the textbook companies... by slimjim8094 · · Score: 2

    I'm a college student. I hate that my textbooks are hundreds of dollars, and would love open textbooks.

    But it seems like the companies arguing that the stuff in the book, in the order it's in, is copyrighted - which seems reasonable to me. If true, it doesn't matter if you use libre text and images - you're still "filling in" the template provided by the textbook. It's similar to a song cover - you're reproducing "your" version of the song, but it's still copyright of the original artist.

    They do actually pay people to come up with the best stuff to include, and the order in which to present it...

    --
    I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
    1. Re:Not that I don't hate the textbook companies... by Anonymous Coward · · Score: 0

      This is pretty much a non-issue for students in developed countries. Very few classes have less than, say, 20 students. If they get together and buy one copy of the textbook for $200, cut off the spine, scan all the pages into a PDF/DjVU/whatever and email them to all students they pay roughly $10 each. Add a couple of bucks and you can buy the person who does the scanning a couple of sixpacks.

    2. Re:Not that I don't hate the textbook companies... by Anonymous Coward · · Score: 0

      Just make sure the six-packs are consumed AFTER the scanning is finished. Trust me.

    3. Re:Not that I don't hate the textbook companies... by Bigby · · Score: 1

      What about note taking then? Wouldn't that violate copyright under the same premise?

    4. Re:Not that I don't hate the textbook companies... by slimjim8094 · · Score: 1

      Note taking is supposed to be synthesis - a combination of the lecture, the textbook section that the lecture addresses, and your own intuition. As such they are arguably original - perhaps "inspired by" the book. In any case, education is a fair-use exception. But this company is making money off of books, not teaching or taking a class. IANAL.

      --
      I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
    5. Re:Not that I don't hate the textbook companies... by slimjim8094 · · Score: 1

      In practice, I find that most people pirate the too-expensive books. It gets you a searchable PDF (usually) or sometimes just scanned images, but that's no less helpful than the book.

      --
      I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
    6. Re:Not that I don't hate the textbook companies... by Anonymous Coward · · Score: 0

      The flow of the text is still an idea. As "The Complaint is BS" comment points out, you can't copyright an idea. Otherwise pretty much all text books would violate some other textbook company's copyright.

      To illustrate: I've read way too many dynamics textbooks. At the lowest level, they all have the exact same flow, in terms of how they present ideas. You start at statics, go to point masses, do rotation of point masses, then solid bodies, and rotation of solid bodies. Every textbook does that. You can't tell me that that's copyrighted, because any other presentation of the material is ass backwards.

      Same with the flow of derivations. There's pretty much only one good way to show how you go through the work flow of deriving most important concepts. The idea that you could somehow copyright that is idiotic.

  20. Seriously? by Murdoch5 · · Score: 4, Interesting

    Basically the lawsuit is because the text books company's don't want to lose massive amounts of profit. Textbooks are the biggest profit business in the worlds, for instance almost every year a new calculus and physic book gets published and for what reason?

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

      They obviously are not publishing enough English grammar and spelling textbooks.

    2. Re:Seriously? by Anonymous Coward · · Score: 0

      > every year a new calculus and physic book gets published and for what reason?

      because the limit of profit needs to get closer to infinity?

    3. Re:Seriously? by Anonymous Coward · · Score: 0

      The textbook business is most definitely not among the most profitable. The margins on textbooks, even those costing hundreds of dollars, are very low in comparison to most other retail or wholesale product business (having been deely involved with the financials of several of the companies bringing the suit against Boundless, I cannot disclose the margins).

      The production costs of the book editions themselves and the ancillary materials that go along with the book (instructor's editions, test item banks), "free samples" for evaluations along with the manufacturing, warehousing and shipping expenses are very high relative to price.

    4. Re:Seriously? by Savantissimo · · Score: 1

      Sounds like Hollywood / Big Pharma accounting. Those expenses are padded to reduce taxes.

      --
      "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?" - Patrick Henry
    5. Re:Seriously? by lordmage · · Score: 1

      Hey now.. Just because MATH changes every year does not mean you can whine about them having to CHANGE the textbook. Its obvious ya know. On the odd years,{ X^3 is 3X and on the even years its 3x+3x +3x. It would explain a whole lot on how come we cannot calculate PI past the 22/7 simple calculation. (Which, in and of itself, is wrong too).

      If you can understand the above, you must be one of the new Math Textbook makers cause that was next years math thoughts.

      --
      I can program myself out of a Hello World Contest!!
  21. your, you're, there, their, they're by Anonymous Coward · · Score: 0

    there should be a mod down "your, you're, there, their, they're mistake"

    1. Re:your, you're, there, their, they're by tepples · · Score: 4
      Anonymous Coward wrote:

      there should be a mod down "your, you're, there, their, they're mistake"

      I disagree. Grammar prescriptivism should go in an English textbook, not in Slashdot's moderation system. Some people who post to Slashdot speak something other than English as a first language.

    2. Re:your, you're, there, their, they're by Thing+1 · · Score: 1

      I disagree. Grammar prescriptivism should go in an English textbook, not in Slashdot's moderation system. Some people who post to Slashdot speak something other than English as a first language.

      And perhaps they'd like to be informed that they made a mistake; I know my ex-wife would (heh). Perhaps a checkbox "I'd like to be informed of grammar mistakes I make" could be in the user settings, and be visible like the "*" to indicate subscribers, or the pills to indicate friend/foe (or, perhaps, if that checkbox wasn't checked then those moderation options would not be present when someone is modding a post by that user).

      Perhaps there are ways to improve the system instead of just disagreeing.

      --
      I feel fantastic, and I'm still alive.
    3. Re:your, you're, there, their, they're by Anonymous Coward · · Score: 0

      Some people who post to Slashdot speak something other than English as a first language.

      Yes, and they're not the ones making those mistakes. Native speakers are.

    4. Re:your, you're, there, their, they're by Anonymous Coward · · Score: 0

      Some people who post to Slashdot speak something other than English as a first language.

      Yeah, but they're not the ones mixing up "your", "you're", "there", "their" and "they're".

      Nonnative speakers are usually good at spelling and punctuation but bad at pronunciation and grammar.

  22. Re:Some open materials based on proprietary source by __aaeihw9960 · · Score: 1

    That's called common sense and compromise. I'LL HAVE NONE OF THAT, THANK YOU. It's either everything or nothing, just like every other aspect of life, right? Remember that most choices you make are absolutes in black and white, and never shades of gray. Right?

  23. Ironic by Roger+W+Moore · · Score: 4, Interesting

    as long as the arrangement, structure and alignment is different

    They seem to be claiming that the structure is copied though i.e. you select one of their texts and the site collects "open source" information which covers the same material in a similar fashion. What is so ironic about this is that, at least where 1st year physics text books are concerned, the publisher's text books have almost exactly identical structures - sometimes even down to the level of chapter and section numbers. So, since I am certain that these publishers would never do what they seem to be accusing this company of doing, I can only presume that they must all pay a licensing fee for use of this format.

    1. Re:Ironic by ArhcAngel · · Score: 1

      You sir have my sarcasm detector bamboozled...

      --
      "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
    2. Re:Ironic by Anonymous Coward · · Score: 0

      The essential difference is that they are giving away what textbook publishers are trying to sell. The problem with those who are arguing against the publishers arrises when trying to project future knowledge sharing markets. Is all knowledge acquisition going to be ad driven? Is that preferable? Three minutes of ads for every 10 minutes of content streamed? On firmer ground, technical textbooks are distinguished by their problem sets. Successful texts have the best problem sets. Any "pseudo-copying" there would be most egregious.

  24. wikipedia by Anonymous Coward · · Score: 0

    Perhaps this just shows how useless textbooks are today. A bear to illustrate thermodynamics?
    Just have the students read the Wikipedia page.
    If they find something they don't understand, that's what the teacher is there for, right?

    1. Re:wikipedia by OldHawk777 · · Score: 1

      I agree, Wikipedia is far better that most textbooks (frequently the same for undergraduate college).

      --
      Unaccountable leaders are masters, and unrepresented people are slaves. How do US and EU fare?
  25. Was it an African or European bear? by drainbramage · · Score: 2

    To begin with, I needed basic kinematic data on African and European bear species.

    --
    No brain, no pain.
    1. Re:Was it an African or European bear? by Anonymous Coward · · Score: 0

      To begin with, I needed basic kinematic data on African and European bear species.

      I think the more important question would be: "Was it a laden or unladen African or European bear?"

    2. Re:Was it an African or European bear? by yurtinus · · Score: 1

      Technically that's two questions...

      --
      +1 Disagree
    3. Re:Was it an African or European bear? by currently_awake · · Score: 2

      Not if you've studied Boolean algebra.

  26. The long and the short of it is: by Anonymous Coward · · Score: 0

    The long and the short of it is: if they didn't copy your stuff, then you can't sue. FULL STOP! Kinda close and kinda similar is what *all* the text books look like, because topics taught to the lower grades haven't changed in a long time. Only when you get to high school does it begin to really matter. You can change it up to keep it topical, but the material hasn't differed in a long time. The differences between the open book and their proprietary books are about the same as the differences between two proprietary books (and they haven't gone out and started to sue each other). This is all about money, and dying business models.

  27. Non-literal copying: the choice of a bear by tepples · · Score: 4, Funny

    Yea, is the start-up actually using any of the text from the established publishers?

    According to the article, the start-up is accused of non-literal copying. The plaintiff's textbook illustrates thermodynamics with a non-free photo of a bear running and a non-free photo of a bear catching a fish. The allegedly infringing textbook illustrates thermodynamics with a free photo of a bear running and a free photo of a bear catching a fish. The claim is that apart from the copyright in the particular photographs, the choice of a bear to illustrate the laws of thermodynamics is itself sufficiently original.

    1. Re:Non-literal copying: the choice of a bear by Idarubicin · · Score: 5, Insightful

      The claim is that apart from the copyright in the particular photographs, the choice of a bear to illustrate the laws of thermodynamics is itself sufficiently original.

      Honestly, that does sound like the (big, evil, monstrous, yadda, yadda, yadda) textbook publisher may have a point. There are some concepts in physics that are always illustrated in (nearly) the same way, with (nearly) identical examples. You can't talk about Maxwell's demon without a demon. Schrodinger will always have his half-dead cat. Every first-year dynamics textbook will have a race car travelling a banked, circular track riding on tires with a certain coefficient of friction.

      On the other hand, I've spent a couple of decades studying and working in physics-related fields, and I've yet to come across a famous or canonical bear-catching-a-fish story in any branch of physics, let alone thermodynamics. The choice of a novel illustrative example certainly seems like a genuinely creative act on the part of the textbook's authors, and could form the basis of a legitimate complaint.

      --
      ~Idarubicin
    2. Re:Non-literal copying: the choice of a bear by bmo · · Score: 1

      According to the article, the start-up is accused of non-literal copying.

      But this is not copyright infringement. SCO tried this in their lawsuit and got laughed at.

      Next they'll be claiming that "negative know-how" is copyright infringement too.

      Seems to me that we need to start enforcing the crime of barratry again.

      --
      BMO

    3. Re:Non-literal copying: the choice of a bear by Anonymous Coward · · Score: 0

      On the other hand, I've spent a couple of decades studying and working in physics-related fields, and I've yet to come across a famous or canonical bear-catching-a-fish story in any branch of physics, let alone thermodynamics.

      And there never will be if everyone that tries to use that imagery is sued out of existence. If Schrodinger had the same attitude, everyone would learn about a half-dead RandomAnimal() in a box.

    4. Re:Non-literal copying: the choice of a bear by dgatwood · · Score: 1

      Schrödinger's cockroach just doesn't have the same ring to it.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

  28. Hmm... by EchoRomeo · · Score: 0

    1+1=2 is now copyrighted?

    1. Re:Hmm... by CanEHdian · · Score: 1

      1+1=2 is now copyrighted?

      No, but if you were to use a picture you took of an apple, a picture you took of another apple, and then a picture you took of both apples, THEN it would be copyright infringement. Or apparently the plaintiffs think so (if they somewhere own a textbook, which might be from the 1930s as long as the copyright hasn't expired, that explains the concept of addition that way to preschoolers).

      --
      When the copyright term is "forever minus a day", live every day like it's the last.
  29. ZERO sympathy by GodfatherofSoul · · Score: 1

    Hundreds for text books that sometimes professors don't even assign for your coursework. Plus, I have to lug around these heavy-assed things when an electronic version would be SO much more convenient. Add to that classes like Calculus and Physics that aren't really changing much fundamentally, yet still manage to mandate new textbooks every few years so that you can't even get by w/ used texts.

    --
    I swear to God...I swear to God! That is NOT how you treat your human!
  30. Re:written/recorded form by TaoPhoenix · · Score: 4, Interesting

    I'll reply to you, because besides all the usual textbook games, you hinted at the *really nasty* copyright theme brewing - one so ugly the media has managed to distract us from even talking about it!

    Entry Level Lectures in College/University.

    Those are famously just "3d Videocasts" with Talking Heads writing things on White/Black boards. A "Class" consists of 25 "Episodes", plus the 1-3 course books, plus a "certification that you know the material". Price: Some $10,000.

    If you can just get an alternative certification process down to validate people knowing their materials, then parts of the educational engine will crash, badly. I know, there's other parts of the "experience", but from the content side, Big-Ed has a really wrenching shakedown coming, maybe in five-seven years.

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  31. Re:written/recorded form by TooMuchToDo · · Score: 2

    This. This. This.

    See what Khan Academy and CK-12.org are doing to K-12 teaching materials? K-12? HAH. College courses are next. The last nails in the coffin is an open certification body where you can go for testing without getting gouged, and an open marketplace for tutors/subject matter experts to work with you online.

  32. Re:Some open materials based on proprietary source by joelsherrill · · Score: 2

    As the SCO history has demonstrated, the Linux kernel is not based on a commercial operating system. It is a implementation of a POSIX style operating system with a clean source history. POSIX itself is an open standard. The user space is a mix of many packages some based on POSIX standards (e.g. shell, file utils) others based on common application needs. Many of those are indeed based upon open industry standards. Wikipedia material is not as well vetted IMHO and given the volume of material, there is a greater possibility of something being copied incorrectly. But much of the material we are discussing is basic scientific fact and could reasonably be based heavily on material available via sources like Project Gutenberg. Other material would be newer and likely could reference open sources. As for organization, the courses follow standard outlines so university programs can receive accreditation. And building up material from basic to advanced concepts in a framework that could only allow 8-16 chapters per semester doesn't allow that much variation.

  33. Fair Use? by HealthWyze · · Score: 1

    I believe that fair use provisions of copyright law include works deemed in the public interest and/or educational works.

  34. Comment removed by account_deleted · · Score: 3, Informative

    Comment removed based on user account deletion

  35. QQ moar by Galestar · · Score: 1

    that is all

    --
    AccountKiller
  36. booo by alienzed · · Score: 1

    Knowledge is intellectual property and no one has the right to it without paying. Down with freedom of speech and freedom of knowledge! /end sarcasm

    --
    Never say never. Ah!! I did it again!
  37. In a related story by Anonymous Coward · · Score: 0

    Car, ship and airplane manufacturers are suing each other over alleged similarities between their competitors in each vehicle category. One anonymous insider said, "This is stupid. All we're doing is copying nature."
    Industry spokespersons have also announced their intentions to include "God, Mother Nature, and The Flying Spaghetti Monster" in their actions.

  38. God damn it! by geminidomino · · Score: 1

    THIS is why we can't have anything nice!

  39. Re:Some open materials based on proprietary source by Anonymous Coward · · Score: 0

    He meant unix, Linux is not an original concept in any way and is based on Unix even if there is no code sharing

  40. Cell phone picture of table of contents ... by perpenso · · Score: 1

    However is the "knitted together" text better than, or even different from, just googling and reading some of the top sites, reading various topics on wikipedia?

    The difference is that this upstart publisher claims to do the googling for you and to organize the results. It would be difficult to do it yourself since you would have to first borrow the book from a classmate and create an outline so that you would know which topics will be discussed in class and in what order.

    The camera in a modern cell phone is sufficiently good that you can take an image of the table of content pages. Its trivial to snap a few images in class. Or you can go old-school and get the library's limited loan copy of the book and photocopy the table of contents.

    I did the camera thing. I knew a friend was working on a paper on a particular topic. I was coincidentally reading a book that had a paragraph I thought he might get a good quote/citation from. I took cell phone pictures of the paragraph in question, the book's copyright/publisher/ISBN info and emailed the two images. It worked out great, the resolution was far in excess of what was needed.

  41. Shampoo by Anonymous Coward · · Score: 0

    Isn't this the same as any other product that says comparable to? If it's good enough for shampoo text books should be good to.

  42. Re:Some open materials based on proprietary source by Anonymous Coward · · Score: 1

    Linux is not based on a commercial operating system. It emulates some of the behavior of UNIX, but is built from scratch. The software you are speaking of is usually Gnu, not Linux. I disagree with your assesment of "best software packages", but that is personal preference.

    I also disagree with your generic assesment of open source. Emulation of behavior is different than "based upon" and I believe the evolution of features flow both ways.

  43. Open Courseware Defend Fund by CanEHdian · · Score: 1

    Perhaps it's time to start an open courseware defend fund which people can donate to. As long as the course materials are free (I don't mind if there's a premium package that would offer personal tutoring, etc.) a publisher should be able to draw on this fund when faced with copyright (or copyright-like) litigation.

    --
    When the copyright term is "forever minus a day", live every day like it's the last.
  44. Hidden savings by ThatsNotPudding · · Score: 1

    The US southern states could save quite a bit by commissioning history books where nothing happened between 1860 and 1970!

    The last thing the US needs is to accelerate the balkanization happening at the regional / state levels where science and historical facts are already being converted into 'culture war' footballs.

  45. Re:written/recorded form by snadrus · · Score: 1

    Agreed!

    --
    Science & open-source build trust from peer review. Learn systems you can trust.
  46. School book publishers' business models are OoB/B by OldHawk777 · · Score: 1

    Locking up common human knowledge in print media is more corporate welfare.

    The present Out-of-Business/Bankrupt (OoB/B) book publishers' models need a refresh. Copyright of common human knowledge is equivalent to patenting a math equation. IOW: More stupid/silly demands for corporate welfare, real capitalism says change your business model. Collecting court ordered and government mandated welfare from the public (just another form of taxes for failures).

    Competition among school book publishers is close to non-existent and dominated by one or two states biased curriculum. Open education textbooks must directly compete, because textbook publishers' mediocre products are religious and revisionist history biased.

    --
    Unaccountable leaders are masters, and unrepresented people are slaves. How do US and EU fare?
  47. Yes, people make money. by registrations_suck · · Score: 1

    ..you want to bring copyright into education, you want to make money off of education? Fuck you.

    So....everyone involved in the education industry should be working for free? Really?

    1. Re:Yes, people make money. by walshy007 · · Score: 1

      Work for hire, there is no need to get money from every copy.

  48. Boo hoo for the dinosaurs, indeed by AliasMarlowe · · Score: 1

    If a bunch of publishers get together and lobby aggressively I wouldn't be surprised if a court found that a sufficient degree of similarity existed, thereby violating copyright. And if the court didn't find it, well, Congress can amend the copyright law and I think the US Copyright Office can regulate matters a bit.

    But what if some of the Creative Commons work had been published before the textbook whose revenue stream the publishers are trying to defend. Parts of the textbook would then be infringing on the CC material. Ah, there's the rub.

    --
    Those who can make you believe absurdities can make you commit atrocities. - Voltaire
  49. Jerks! by Anonymous Coward · · Score: 0

    I certainly hope that the EFF sees fit to take up this group's fight. The situation seems perfectly aligned with the EFF's mandate, and doubtless Boundless Learning will need all the help, legal as well as financial, as they can get.

  50. electronic version pricing by ace37 · · Score: 1

    I hate occasions when both the new 'international' (read identical but guaranteed metric units) paperback and many used copies of the most recent edition of a textbook are available for ~$20 on amazon, but the electronic copy is priced at $60+, just under the new US hardcover price.

    I'd prefer the electronic version, but not at 2-3 times the price and with zero resale value!

  51. Similarities between actual textbooks by Anonymous Coward · · Score: 0

    I'd be interested in learning if actual different textbooks have similar content, such as the example of the thermodynamic bears. Also, I think it would be funny if the publishers were found to be infringing. What if the original authors stole the thermodynamic bear image from someone else?

  52. Dear Textbook Publishing Industry: by Ralph+Spoilsport · · Score: 1

    FUCK YOU

    --
    Shoes for Industry. Shoes for the Dead.
  53. Re:Some open materials based on proprietary source by Anonymous Coward · · Score: 0

    Do you really think people would care about facts that Linux kernel is a monolithic operating system and GNU project software or any other project software (like Mozilla Firefox, KDE, digiKam, Krita) does not belong to that operating system?

    And that Linux is Unix-like operating system, based to original monolithic operating system architecture and implements most (not all) Unix API's and ABI's but adds even lots of own interfaces?

     

  54. Searching for something intelligent to say... by Petersko · · Score: 1

    ...screw it. FUCK YOU, you pricks. Hey... I didn't read the article first... Well hot damn! I'm finally a slashdotter after so many years!

  55. A college professor's opinion... by Anonymous Coward · · Score: 1

    As someone who teaches first/second year college courses at a community college, let me be the first to say that I am disappointed in this, but I can't say surprised. Open source textbooks stand to completely destroy traditional publishing as we know it...and that isn't an overstatement...so it's no shocker than publishers would try to stymie their growth.

    In my field (a science) its pretty obvious that indeed there is no real reason for textbooks to be updated in the usual 3-year cycles (even 10 years would be questionable). The model of doing so is patently unfair to students and just plain ridiculous....if it made sense, then there would be clear and meaningful "revisions" other than the re-numbering of exercises so as to maintain a need for current-editionism among textbook users.

    As far as this particular case goes, based on the summary contained in the article, this sort of "using the same analogy to illustrate an idea" pervades science. Shroedinger's cat, for instance. In fact, they are particularly important and efficient at summarizing key concepts...for example, many physicists knew exactly the concept I was referring to by mentioning Schroedinger's cat, and students are more likely to remember the analogy than the textbook concept by itself. Anyway, IANAL, but I like to think analogies shouldn't be copyrightable (although perhaps the actual words/figures used should be...but that wasn't happening here AFAIK).

    It should also be mentioned that recycling lesser-known analogies and other types of "similarism" are very common in the textbooks I see. For example, in an undergraduate algebra textbook, "functions" are often explained visually using the "function-machine" analogy...you can think of a function as a "machine" that takes a number in, "works on it" and then spits out a finished number...I've seen several algebra books use this analogy, even more than one showing picture of a maching with a conveyor belt rolling out the "finished" number. What's the story there? Does someone "own" this analogy? Do I have to license it from them if I want to use it in my book?

    I think publishers are going to have a little difficulty if they keep suing open-source textbook groups over these issues. Faculty like me make the decision over what book our college adopts. Some of those decisions result in *thousands* of purchases. If publishers want to stay relevant, they need to justify the huge markup their $$$ books have over free books. Now, tangentially, I think they finally are starting to do so with online homework systems, which are available for almost every textbook we review these days. They aren't perfect, but they are beginning to get very good, and many faculty are starting to view homework software as being more crucial than the textbook...even in my online courses, students can do very well with a mixture of my notes and the online resources/homework exercises we use...physical textbook not required.

    1. Re:A college professor's opinion... by Anonymous Coward · · Score: 0

      Is that you, Ben Crowell? If so, keep up the good work in promoting open-source textbooks!

  56. Why not create a collaborative open standard? by Marrow · · Score: 1

    With all of the educational institutions paying over-and-over again for the same books year after year, it seems extremely feasible for them to pay a qualified author to write one "open source" book. Then the schools would just need to pay the cost of printing new copies.

  57. Even one tiny step is too much for the cartel by Whumpsnatz · · Score: 1

    The virtual re-creation of a particular textbook is really a very small step toward fixing the aggressively broken scam that is textbooks. The textbooks change WAY too much already, and IMO it's only done to prop up the industry. Consider how many subjects could be taught using a 50-year-old textbook, with maybe a small supplement; math, basic physics, basic biology. Even history - it would probably be much more educational to read a 100-year-old history book, then a 50-year-old book covering, say, the Hundred Years' War, or the Renaissance, to see how current Zeitgeist affects the way such things are perceived, than to read some shiny new PC version of history.

    Nevertheless, three cheers for Boundless. After many decades, I still remember the outrageous prices for (usually crappy) textbooks.

  58. An alternative certification process by Anonymous Coward · · Score: 0

    It's called "testing out of the class". Few people currently try it.

    1. Re:An alternative certification process by wierd_w · · Score: 1

      Have you ever tried doing this? I know I certainly have.

      Applied Credit for a high SAT score, and high placements on an entry exam do *NOT* translate to removal of "required" courses at universities. At least, not the one I attended anyway. You are simply not getting out of public speaking, intro to psych, etc. You might be able to sneak out of algebra and straight to high level calculus, but guess what? You need so many seat-time credit hours to be awarded your degree. This means you will end up taking bulk filler classes to satisfy the degree requirements.

      The educational system runs a good deal like a casino. They have carefully researched how to reliably milk students for their degrees, regardless of the initial state of knowledge and training of the student. Really, they should put an up-front pricetag on their degree programs, because that is really how it boils down in practice.

      Gonna take those expensive credit requirements at some other college? Oh, what's that, the university you are trying to enter won't give you credit for those classes on your transcript? Oh, sucks to be you!

      Planning an adult education on a budget is a lot like navigating a byzantine legal framework. Really, this is what guidance counsellors are supposed to help you with in theory, but the reality is that they try to guide you down standard pipelines that maximize university profits. Even if you ask for one, universities very rarely if ever will volunteer a list of transferrable/equivalent courses from other institutions. If you want to tailor a university degree on the cheap with transferred courses and testout credits, you have to dg into that mess of shit on your own, and hope they don't change their acceptance policies mid-degree.

      Really, they *want* you in *their* lecture halls, paying *them* money for the priviledge, paying for a dormitory from *them*, and paying *them* for your parking tag. Sidestepping all that beurocracy by researching the system and exploiting equivlilencies with other, cheaper schools via state accredation status is seriously frowned on. In extreme cases, they will simply refuse to accept certain classes on your transcript, depsite normally accepting them.

      It's a racket. Has been for quite a while.

  59. Closer To This Than Some... by Anonymous Coward · · Score: 2, Interesting

    One of the textbook authors involved in this is a friend of mine, and he explained the situation in a little more detail.

    These companies tell the students that in a course that requires Book A (at a cost of $100), they could buy open Book B (at a cost of $5) and that not only would all the same information be covered, but the page numbering will be exactly the same. The offset example boxes would be the same. The exact order of headings and subheadings, illustrations and charts would be the same. If the prof says, "Turn to page 256 and look at illustration 3," you will not spend minutes trying to find the correlating page in your cheaper book. It will BE page 256, and the illustration will be what the prof is referring to.

    Textbooks are pricey. Sure. But this guy works hard putting out the best in his field every year. He and his staff spend a lot of time and effort creating the best product. These companies are blatantly violating copyright on a level that I think few slashdotters would be able to justify.

    Lurker

    1. Re:Closer To This Than Some... by ThePhilips · · Score: 2

      If the prof says, "Turn to page 256 and look at illustration 3," you will not spend minutes trying to find the correlating page in your cheaper book. It will BE page 256, and the illustration will be what the prof is referring to.

      Interesting question: are page numbers copyrightable or not? To me, IANAL, not: they are merely a way how content is accessed, they are not part of the content itself. But knowing you crazy US legal system I wouldn't be much surprised if that would turn out to be so.

      Textbooks are pricey. Sure. But this guy works hard putting out the best in his field every year. He and his staff spend a lot of time and effort creating the best product. These companies are blatantly violating copyright on a level that I think few slashdotters would be able to justify.

      It's easy to get emotional - and biased - when friends are involved.

      Broader question would: why the books are SO fscking expensive? Do they really have to be the "best product" - while consumers would have been pretty satisfied with "mediocre product which doesn't cost an arm and a leg"?

      Or the same old beaten "think of children" argument is going to be called for here too?

      P.S. 10+ years ago I had friends working in mobile telecom industry. They drove expensive cars and owned expensive houses - and 1 minute of talk time cost more than (converting from old money) 1€ and a "cheap" mobile phone with 2y contract was going for only ~300€. And they complained about gov't regulations, their drive to create competition and other persecutions. But, you know, they are good guys! They are there to provide me with the *best* service!! It is impossible to provide such great service at lower price!!! Competition would totally destroy the mobile market!!!! Or so they said.

      --
      All hope abandon ye who enter here.
  60. Have these people compared regular textbooks? by Anonymous Coward · · Score: 0

    Last I checked, there is a remarkable correspondence between textbooks on a given subject between multiple supposedly independent publishers. But I guess that isn't "copyright infringement" until someone tries to undercut their business model?

  61. Wait for my Patent by hemo_jr · · Score: 1

    After I patent the idea of using open source to create textbooks, those guys are really going to be hurting.

  62. Westlaw in the 1980s by cwgmpls · · Score: 1

    I recall Westlaw in the 1980s was successful in asserting copyright over the way they organize public domain legal information. This sounds similar to textbook publishers trying to assert that the organization of their particular book is covered by copyright. This can only bee settled in court, but it seems there is enough precedent there for the textbook publishers to bring the challenge.

  63. If they're so similar then .. whoops? by Rastl · · Score: 3, Interesting

    If an open source data aggregator (my bad if that's the wrong way to phrase it) can use open source and non-copyrighted material to product almost the exact same result as a copyrighted textbook does that mean the copyrighted textbook is infringing on open source and non-copyrighted material? Seems to me that unless they can prove that they came up with those facts themselves then they're just gathering up the same information.

    "Look and feel" is another concept entirely. Ask Lotus how that one worked out for them.

  64. Re: Yep, just as good by almechist · · Score: 1

    ... pulls content from an array of open-education sources to knit together a text that the company claims is as good as the designated book ...

    A noble intention but I am suspicious of "as good as". Pulling stuff from various sources and slapping it together quickly is not a strategy known for producing "as good as" products. Perhaps a "good enough" product though. However is the "knitted together" text better than, or even different from, just googling and reading some of the top sites, reading various topics on wikipedia? Also with respect to "as good as" I am *not* counting the missing homework problems against it.

    You're making an assumption that there must be some kind of standard of quality to commercial textbook publisher's products. Sure, there are probably standards set by some accreditation body somewhere, but nonetheless I strongly suspect that "pulling stuff from various sources and slapping it together quickly" is probably a pretty good description of how most of the pros go about it. I can easily believe the free product described in TFA is "as good as" the average commercial offering. Remember, these are introductory courses we're talking about here, not advanced topics. The fact is, at this level the freely available online stuff is probably as good as anything else, and the publishers know it, which is why they are turning to lawsuits. We've all seen this kind of thing before, it's just the final dying spasms of dinosaurs who don't have the brains to recognize their own imminent extinction.

  65. Misplaced priorities by Anonymous Coward · · Score: 0

    A ship sunk long ago. About 1500 people died. Get over it.
    Meanwhile millions have died from wars, malaria, starvation, etc.
    Priorities are misplaced.
    Sink the whole topic of the Titanic.

  66. Re: Yep, just as good by perpenso · · Score: 1

    ... I strongly suspect that "pulling stuff from various sources and slapping it together quickly" is probably a pretty good description of how most of the pros go about it ...

    That is not what I saw. I once had a small role in the development of a chemistry textbook. To avoid duplication: http://slashdot.org/comments.pl?sid=2774887&cid=39620651.

  67. The rumors of the death of a college degree... by SomePoorSchmuck · · Score: 1

    ...are greatly exaggerated, since the valuation of a college degree is in direct correlation to the unwillingness of employers to hire anyone without some acronymic degree/certification into preferred positions, for the simple fact that well-meaning social-engineering progressive equality laws have forced them to have some legally objective standard (i.e. nothingGEDhigh school diplomasome collegeassociatestechnical certbachelor'smaster'smaster's + technical certdoctorate) by which to justify hiring Candidate A over Candidate G. May God have mercy on your soul if you hire Candidate A (unprotected class) over Candidate B (member of a protected class) without having a CYA C.V alphabet soup of "achievements" to justify your choice.

    So long as employers need a "Qualification Theater" on-paper justification for hiring the best person for the job rather than a protected idiot, the college degree will maintain its value. Indeed. as government regulation and legal exposure have increased over the last 50 years, so has there been a corresponding arms race in educational qualifications for various jobs. The 1980s Bachelors is now required to hold ridiculous entry-level Word/Excel paperwork jobs, and a Masters is what you need to have a hope of management, with all those previous Masters folks going back for eMBAs or a Ph.D, J.D., Ed.D, etc.

    The educational market will not crash hard until the job market crashes hard. Fact is, with modern efficiencies we have way too many bodies being employed to do way too little work. The Information Revolution has not truly even begun. You'll know it has begun when, like all revolutions, masses of people are left with their lives evaporated overnight, or perhaps lined up against the wall. This is not that. Yet.

    --

    Hollywood, Television, has become the dream machine. We need to take that back; each of us is a Dream Machine
  68. Oh no, the horrors! by viperidaenz · · Score: 1

    These people are producing content to assist in the education and betterment of people for FREE! This injustice cannot continue. Only those with money deserve education.

  69. karma, dharma, Parma, ArmA, marmalade by tepples · · Score: 1

    You have some good ideas. For the record, I was just trying to say it shouldn't affect a comment's score and the poster's karma the way "mod down" does.

    1. Re:karma, dharma, Parma, ArmA, marmalade by Thing+1 · · Score: 1

      i agree; it should be a neutral mod.

      --
      I feel fantastic, and I'm still alive.
  70. Monkeys by EnempE · · Score: 1

    Given the argument they are going with, if a team of monkeys ever did manage to reproduce the works of Shakespeare, rather than heralded they would get sued into extinction.

  71. Law vs. Judges by Anonymous Coward · · Score: 0

    IANAL, but I have ready many books on copyright, and passed 5 law courses with all As.

    Legally speaking, they really don't have anything to worry about, as long as they didn't actually copy test from the textbooks in question. I can write a book about a couple who die in a boat that sinks, and the author of Titanic can't sue me. (Copyright protects only the "expression" of ideas, not those ideas themselves).

    What I worry about, if that they might end up with a judge who is impressed with all the big companies and their fancy lawyers and decided that "This scrappy start-up must be doing something wrong". If that happens, and the judge mis-applies the law, then it will be a very dangerous situation, because the publishers will use the ruling to push for all kinds of other settlements against lots of other innocent people/companies until the ruling is overturned.

  72. Boycott by Aaron+B+Lingwood · · Score: 2

    Who NOT to buy from:

    Pearson including Penguin, SAMS, Addison Wesley and Financial Times
    Cengage Learning including National Geographic Learning, Gale and Brooks/Cole
    Macmillan Higher Education -- a major ebook publisher

    Cengage Learning in Australia have changed their name to 'Open Colleges'
    After this, I'll be avoiding them.

    --
    [Rent This Space]
  73. The work they're copying is open. by Anonymous Coward · · Score: 0

    So, unless you want to presume that all books are infringements of other books, you're not going to get anywhere here.

    There's a HUGE difference between the design patent (the actual real world equivalent of the "copyright of an arrangement of facts") of a car interior and "It must have a steering wheel, accelerator, brake in front of the drivers seat and a handbrake to one side".

  74. It will copy the structure of the lecture. by Anonymous Coward · · Score: 0

    And since it's the ***structure*** that these knobheads are bitching about (the arrangement of facts is the god damned structure), then your notes are copyright infringement.

    Worse, since there's no attribution, it's plagiarism.

    You bloody thief.

  75. Re:educational system runs like a casino by TaoPhoenix · · Score: 1

    Heh - funny/insightful analogy!

    I personally got trapped in a Moebius Loop of the transfer credits game. I quote: "We'll give you the numerical quantity of credits from your night school, but we won't give you the credit for actually having taken the intro class." Wait for it ... "You now must declare a major because you have too many credits, but you are not allowed to declare a major because you're missing the Intro prerequisite class for your major."

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  76. Sad Day by Anonymous Coward · · Score: 0

    It will be a sad day and a major downhill slide when courts allow intelligence to be copy written. Oh wait they have started on the slide already.

  77. Boundless... by Janek+Kozicki · · Score: 1

    This is the first time that I heard about them. This is a great idea, they have my full support.

    --
    #
    #\ @ ? Colonize Mars
    #
  78. Let's call this what it is: counterfeiting. by beaverdownunder · · Score: 1

    I agree. To use an analogy, what if I made a start-up that downloaded a paid copy of today's New York Times, then provided customers with a ten-cent version that used freely-sourced content, but slotted into topically equivalent spaces inside today's NYT layout, effectively 'reproducing' it?

    Firstly, these 'freely-sourced' works (blogs, etc.) are likely to be derivative in some degree to the original articles (taken from AP or Reuters, etc.) Secondly, the replaced op-ed columns would be filled with 'free' pieces that are likely to be inspired by the originals. The content would effectively be merely paraphrased. You may as well do the text in software, and use Flickr to slot in 'equivalent' images out of CC-licensed sources.

    Would this be legal? Heck no. It's counterfeiting!

    Indeed, when you translate this concept from textbooks to newspapers, it quickly becomes quite obvious that there is infringement, since the form is an inherent part of the work, and the replacement work is quite likely to be derivative.

    Now, I don't like paying $100 for a book either, but this isn't the way to go about lowering prices. Making cheaper books, and marketing them to over-stressed student loan schemes is. Convincing educators to create internet-based lesson plans is. But this is counterfeiting, pure and simple.