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more on An author's dissent on Google Print
From: David Farber <dave () farber net>
Date: Sun, 30 Oct 2005 08:29:06 -0500
Begin forwarded message: From: David Pakman <david () dimensionalassociates com> Date: October 29, 2005 8:59:58 PM EDT To: dave () farber net Subject: RE: [IP] more on An author's dissent on Google Print Dave, I must admit, I am slightly baffled by the somewhat twisted arguments employed by those defending Google's actions. Google is copying (the entire) author's work without permission. Full stop. Copyright mandates the permission of the copyright owner before this is permitted. Unless, and only unless, the fair use defense is successfully employed. This cannot be fair use because, among so many other reasons, the copier is a COMMERCIAL entity actually making money by selling advertising around the copied works. The work is not transmuted either, just various selections are displayed at various times. So, regardless of Google's intentions ("to sell more of the author's works"), they need permission. In fact, they even began the project by seeking permission from the publishers. Apparently, when that took too long, they resorted to just moving ahead WITHOUT permission. If people believe Google should have the right to move ahead (without express permission of the copyright holders) because of the potential benefits to authors, those people should seek changes in copyright law to allow such appropriation of the owner's works without permission. In the meantime, Google has the actual law to deal with. And they are going to get crushed in court. (See Jed Rakoff's decision in the mp3.com case. Almost an identical case.) David -----Original Message----- From: David Farber [mailto:dave () farber net] Sent: Saturday, October 29, 2005 8:17 PM To: Ip Ip Subject: [IP] more on An author's dissent on Google Print Begin forwarded message: From: Lauren Weinstein <lauren () vortex com> Date: October 29, 2005 8:00:37 PM EDT To: julian.dibbell () gmail com Cc: dave () farber net, lauren () vortex com Subject: Re: [IP] An author's dissent on Google Print
From: Julian Dibbell <julian.dibbell () gmail com> Date: October 29, 2005 7:06:48 PM EDT ... Google Print for Libraries is essentially making the same offer -- and saving
publishers and authors the trouble of sending in the copies. ... The rights for the first book have reverted to me, and I have submitted it to the Google Print for Publishers program because frankly, whenever they get around to copying my intellectual property out of some library won't be soon enough for me.
Julian and Dave, I believe that the statements quoted above illustrate key aspects of the concerns. Google isn't "making an offer" to authors when it comes to Google Print for Libraries-- that implies asking permission ahead of time -- which clearly Google hasn't been doing. And you note that you have submitted your book (to Google Print for Publishers) -- indicating that you had free choice. This is in contrast to Google Print for Libraries, where Google's plan has simply been to make the copies without affirmative permission unless publishers individually opt-out every book of concern. Individual choice is really at the heart of the matter. In the privacy arena (especially on the Web), I've frequently noticed how various dubious projects have sucked in users by default, often with complex "opt-out" procedures to "permit" them to escape (that is, when escape is permitted). The people behind these business plans almost inevitably proclaim how incredibly wonderful their services are for consumers, and how almost everyone will love it. If I suggest that a service that's so great should have no problem operating on an opt-in rather than opt-out basis, these folks clam up suddenly. They know damned well that a lot of people -- perhaps most people -- won't be interested in participating and would not opt-in, so conscription becomes the order of the day. It appears likely that some of the same reasoning is behind Google Print for Libraries in significant respects. --Lauren-- Lauren Weinstein lauren () pfir org or lauren () vortex com or lauren () eepi org Tel: +1 (818) 225-2800 http://www.pfir.org/lauren Co-Founder, PFIR - People For Internet Responsibility - http://www.pfir.org Co-Founder, EEPI - Electronic Entertainment Policy Initiative - http://www.eepi.org Moderator, PRIVACY Forum - http://www.vortex.com Member, ACM Committee on Computers and Public Policy Lauren's Blog: http://lauren.vortex.com DayThink: http://daythink.vortex.com ------------------------------------- You are subscribed as david () pakman com To manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/ ------------------------------------- You are subscribed as lists-ip () insecure org To manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/
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- more on An author's dissent on Google Print David Farber (Oct 30)
- more on An author's dissent on Google Print David Farber (Oct 30)
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