Re: Google Book-Scanning Pact to Give Libraries a Say in Price - NYTimes.com

[David Farber <dave () farber net>]

Begin forwarded message:

From: Jim Thompson <jim () netgate com>
Date: May 21, 2009 5:07:40 PM EDT
To: dave () farber net
Subject: Re: [IP] Re:   Google Book-Scanning Pact to Give Libraries a  
Say in Price - NYTimes.com

Dave,

Copyright law, as the US Supreme Court has said(*), is primarily  
intended to cover expressions, not ideas. So if in a particular  
instance copyright inhibits progress in making better, more reliable,  
or more effective dissemination of information, the inhibition can be  
overcome.

Mr. Glass also seems to forget, (or dismiss) compulsory licensing (vis  
a vis his desire for companies to 'bid' for his copyright.)

Jim
(*) and its clear that the USSC can (and does) interpret the law of  
the land.

On 21 mai 09, at 10:47, David Farber wrote:

> Begin forwarded message:
>
> From: Brett Glass <brett () lariat net>
> Date: May 21, 2009 11:04:29 AM EDT
> To: dave () farber net, "ip" <ip () v2 listbox com>
> Subject: Re: [IP] Google Book-Scanning Pact to Give Libraries a Say  
> in Price - NYTimes.com
>
> Dave, and everyone:
>
> I am astonished by the entire Google book licensing scheme.
>
> Section 8 of the US Constitution says that I, as an author, am  
> entitled to be granted the exclusive rights to my work for a limited  
> (although constantly expanding) period of time. It does NOT  
> authorize the government to grant rights to that work to any third  
> party. Doing so would not only exceed the powers granted to Congress  
> by the Constitution (and thus be unconstitutional), but would also  
> be an unconstitutional "taking" under the 5th Amendment.
>
> I am astonished that the government would even consider granting to  
> a single corporation -- most especially Google -- the exclusive  
> right to use my works without my consent. I want companies to be  
> able to bid for that right. What's more, given that Google, since  
> its merger with DoubleClick, is the number one source of spyware  
> "cookies" on the Internet and is lobbying in DC to regulate and  
> destroy my business as an ISP, Google is the company to which I  
> would be least likely to agree to license my work.
>
> --Brett Glass
>
>
>
>
>
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