Slashdot Mirror


Project Gutenberg Blocks German Users After Outrageous Court Ruling (teleread.org)

Slashdot reader David Rothman writes: The oldest public domain publisher in the world, Project Gutenberg, has blocked German users after an outrageous legal ruling saying this American nonprofit must obey German copyright law... Imagine the technical issues for fragile, cash-strapped public domain organizations -- worrying not only about updated databases covering all the world's countries, but also applying the results to distribution. TeleRead carries two views on the German case involving a Holtzbrinck subsidiary...

Significantly, older books provide just a tiny fraction of the revenue of megaconglomerates like Holtzbrinck but are essential to students of literature and indeed to students in general. What's more, as illustrated by the Sonny Bono Copyright Term Extension Act in the U.S., copyright law in most countries tends to reflect the wishes and power of lobbyists more than it does the commonweal. Ideally the travails of Project Gutenberg will encourage tech companies, students, teachers, librarians and others to step up their efforts against oppressive copyright laws. While writers and publishers deserve fair compensation, let's focus more on the needs of living creators and less on the estates of authors dead for many decades. The three authors involved in the German case are Heinrich Mann (died in 1950), Thomas Mann (1955) and Alfred Döblin (1957).

One solution in the U.S. and elsewhere for modern creators would be national library endowments... Meanwhile, it would be very fitting for Google and other deep-pocketed corporations with an interest in a global Internet and more balanced copyright to help Gutenberg finance its battle. Law schools, other academics, educators and librarians should also offer assistance.

5 of 265 comments (clear)

  1. Escalating renewal fees by jonsmirl · · Score: 5, Insightful

    First 20 years free. Then an escalating payment is required for each 20 year renewal afterward. Simply requiring a payment will solve the orphan works problem. This solution also lets Disney keep Mickey under copyright forever if they keep paying the escalating renewal fees. This is a simple solution to keeping commercially profitable works under copyright and letting everything else revert to the public domain.

    1. Re:Escalating renewal fees by Wycliffe · · Score: 5, Insightful

      First 20 years free. Then an escalating payment is required for each 20 year renewal afterward. Simply requiring a payment will solve the orphan works problem. This solution also lets Disney keep Mickey under copyright forever if they keep paying the escalating renewal fees. This is a simple solution to keeping commercially profitable works under copyright and letting everything else revert to the public domain.

      Although this is better than the current system, I don't see why we need to allow extensions at all. Patents don't allow extensions. 20 years seems to be plenty of time for a creator to be fairly compensated for their work. Most people who do work for hire only get compensated when they actually do the work. Residual income is great but it makes no sense to have indefinite residual income for something you created 2 decades ago.

  2. American courts do the same by Anonymous Coward · · Score: 5, Insightful

    American courts were first to apply american rules to the whole world for their own benefit. Now when the role are reversed an american website tell us it's now all bad. I say at this point this is only justice an American organisation feel a bit of heat. Also, them thinking they are somehow essential to the whole world is typical american hubris.

  3. Perhaps by nospam007 · · Score: 5, Insightful

    "While writers and publishers deserve fair compensation, "

    But not their great grand-children.

  4. Re:I don't know. by samkass · · Score: 5, Insightful

    Basically, there are a bunch of people who just want stuff for free.

    * The Gutenberg crowd wants people to give them their books for nothing.

    * The publishers want people to give them money for nothing.

    You're all a bunch of wankers.

    The US Constitution grants the power to the Government "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." Note "for a limited Times". It's the right of the creator of a work to get paid for it for awhile, but after a time it is owned by Humanity and yes, everyone should be able to copy it for free. All Project Gutenberg seems to want is for the "limited Times" to not keep getting extended indefinitely, and to be judged under the Constitution of the country in which they live and operate.

    --
    E pluribus unum