Category Archives: copyright

google print is no more

Not the program, of course, just the name. From now on it is to be known as Google Book Search. “Print” obviously struck a little too close to home with publishers and authors. On the company blog, they explain the shift in emphasis:

No, we don’t think that this new name will change what some folks think about this program. But we do believe it will help a lot of people understand better what we’re doing. We want to make all the world’s books discoverable and searchable online, and we hope this new name will help keep everyone focused on that important goal.

having browsed google print a bit more…

…I realize I was over-hasty in dismissing the recent additions made since book scanning resumed earlier this month. True, many of the fine wines in the cellar are there only for the tasting, but the vintage stuff can be drunk freely, and there are already some wonderful 19th century titles, at this point mostly from Harvard. The surest way to find them is to search by date, or by title and date. Specify a date range in advanced search or simply enter, for example, “date: 1890” and a wealth of fully accessible texts comes up, any of which can be linked to from a syllabus. An astonishing resource for teachers and students.
The conclusion: Google Print really is shaping up to be a library, that is, of the world pre-1923 — the current line of demarcation between copyright and the public domain. It’s a stark reminder of how over-extended copyright is. Here’s an 1899 english printing of The Mahabharata:
mahabharata.jpg
A charming detail found on the following page is this old Harvard library stamp that got scanned along with the rest:
mahabharata harvard stamp.jpg

google print’s not-so-public domain

wealthy new york google.jpg Google’s first batch of public domain book scans is now online, representing a smattering of classics and curiosities from the collections of libraries participating in Google Print. Essentially snapshots of books, they’re not particularly comfortable to read, but they are keyword-searchable and, since no copyright applies, fully accessible.
The problem is, there really isn’t all that much there. Google’s gotten a lot of bad press for its supposedly cavalier attitude toward copyright, but spend a few minutes browsing Google Print and you’ll see just how publisher-centric the whole affair is. The idea of a text being in the public domain really doesn’t amount to much if you’re only talking about antique manuscripts, and these are the only books that they’ve made fully accessible. Daisy Miller‘s copyright expired long ago but, with the exception of Harvard’s illustrated 1892 copy, all the available scanned editions are owned by modern publishers and are therefore only snippeted. This is not an online library, it’s a marketing program. Google Print will undeniably have its uses, but we shouldn’t confuse it with a library.
(An interesting offering from the stacks of the New York Public Library is this mid-19th century biographic registry of the wealthy burghers of New York: “Capitalists whose wealth is estimated at one hundred thousand dollars and upwards…”)

the creeping (digital) death of fair use

Meant to post about this last week but it got lost in the shuffle… In case anyone missed it, Tarleton Gillespie of Cornell has published a good piece in Inside Higher Ed about how sneaky settings in course management software are effectively eating away at fair use rights in the academy. Public debate tends to focus on the music and movie industries and the ever more fiendish anti-piracy restrictions they build into their products (the latest being the horrendous “analog hole”). But a similar thing is going on in education and it is decidely under-discussed.
Gillespie draws our attention to the “Copyright Permissions Building Block,” a new add-on for the Blackboard course management platform that automatically obtains copyright clearances for any materials a teacher puts into the system. It’s billed as a time-saver, a friendly chauffeur to guide you through the confounding back alleys of copyright.
But is it necessary? Gillespie, for one, is concerned that this streamlining mechanism encourages permission-seeking that isn’t really required, that teachers should just invoke fair use. To be sure, a good many instructors never bother with permissions anyway, but if they stop to think about it, they probably feel that they are doing something wrong. Blackboard, by sneakily making permissions-seeking the default, plays to this misplaced guilt, lulling teachers away from awareness of their essential rights. It’s a disturbing trend, since a right not sufficiently excercised is likely to wither away.
Fair use is what oxygenates the bloodstream of education, allowing ideas to be ideas, not commodities. Universities, and their primary fair use organs, libraries, shouldn’t be subjected to the same extortionist policies of the mainstream copyright regime, which, like some corrupt local construction authority, requires dozens of permits to set up a simple grocery store. Fair use was written explicitly into law in 1976 to guarantee protection. But the market tends to find a way, and code is its latest, and most insidious, weapon.
Amazingly, few academics are speaking out. John Holbo, writing on The Valve, wonders:

Why aren’t academics – in the humanities in particular – more exercised by recent developments in copyright law? Specifically, why aren’t they outraged by the prospect of indefinite copyright extension?…
…It seems to me odd, not because overextended copyright is the most pressing issue in 2005 but because it seems like a social/cultural/political/economic issue that recommends itself as well suited to be taken up by academics – starting with the fact that it is right here on their professional doorstep…

Most obviously on the doorstep is Google, currently mired in legal unpleasantness for its book-scanning ambitions and the controversial interpretation of fair use that undergirds them. Why aren’t the universities making a clearer statement about this? In defense? In concern? Soon, when search engines move in earnest into video and sound, the shit will really hit the fan. The academy should be preparing for this, staking out ground for the healthy development of multimedia scholarship and literature that necessitates quotation from other “texts” such as film, television and music, and for which these searchable archives will be an essential resource.
Fair use seems to be shrinking at just the moment it should be expanding, yet few are speaking out.

microsoft joins open content alliance

Microsoft’s forthcoming “MSN Book Search” is the latest entity to join the Open Content Alliance, the non-controversial rival to Google Print. ZDNet says: “Microsoft has committed to paying for the digitization of 150,000 books in the first year, which will be about $5 million, assuming costs of about 10 cents a page and 300 pages, on average, per book…”
Apparently having learned from Google’s mistakes, OCA operates under a strict “opt-in” policy for publishers vis-a-vis copyrighted works (whereas with Google, publishers have until November 1 to opt out). Judging by the growing roster of participants, including Yahoo, the National Archives of Britain, the University of California, Columbia University, and Rice University, not to mention the Internet Archive, it would seem that less hubris equals more results, or at least lower legal fees. Supposedly there is some communication between Google and OCA about potential cooperation.
Also story in NY Times.

to some writers, google print sounds like a sweet deal

Wired has a piece today about authors who are in favor of Google’s plans to digitize millions of books and make them searchable online. Most seem to agree that obscurity is a writer’s greatest enemy, and that the exposure afforded by Google’s program far outweighs any intellectual property concerns. Sometimes to get more you have to give a little.
The article also mentions the institute.

debating google print

The Washington Post has run a pair of op-eds, one from each side of the Google Print dispute. Neither says anything particularly new. Moreover, they enforce the perception that there can be only two positions on the subject — an endemic problem in newspaper opinion pages with their addiction to binaries, where two cardboard boxers are allotted their space to throw a persuasive punch. So you’re either for Google or against it? That’s awfully close to you’re either for technology — for progress — or against it. Unfortunately, like technology’s impact, the Google book-scanning project is a little trickier to figure out, and a more nuanced conversation is probably in order.
The first piece, “Riches We Must Share…”, is submitted in support of Google by University of Michigan President Sue Coleman (a partner in the Google library project). She argues that opening up the elitist vaults of the world’s great (english) research libraries will constitute a democratic revolution. “We believe the result can be a widening of human conversation comparable to the emergence of mass literacy itself.” She goes on to deliver some boilerplate about the “Net Generation” — too impatient to look for books unless they’re online etc. etc. (great to see a major university president being led by the students instead of leading herself).
Coleman then devotes a couple of paragraphs to the copyright question, failing to tackle any of its controversial elements:

Universities are no strangers to the responsible management of complex copyright, permission and security issues; we deal with them every day in our classrooms, libraries, laboratories and performance halls. We will continue to work within the current criteria for fair use as we move ahead with digitization.

The problem is, Google is stretching the current criteria of fair use, possibly to the breaking point. Coleman does not acknowledge or address this. She does, however, remind the plaintiffs that copyright is not only about the owners:

The protections of copyright are designed to balance the rights of the creator with the rights of the public. At its core is the most important principle of all: to facilitate the sharing of knowledge, not to stifle such exchange.

All in all a rather bland statement in support of open access. It fails to weigh in on the fair use question — something about which the academy should have a few things to say — and does not indicate any larger concern about what Google might do with its books database down the road.
The opposing view, “…But Not at Writers’ Expense”, comes from Nick Taylor, writer, and president of the Authors’ Guild (which sued Google last month). Taylor asserts that mega-rich Google is tramping on the dignity of working writers. But a couple of paragraphs in, he gets a little mixed up about contemporary publishing:

Except for a few big-name authors, publishers roll the dice and hope that a book’s sales will return their investment. Because of this, readers have a wealth of wonderful books to choose from.

A dubious assessment, since publishing conglomerates are not exactly enthusiastic dice rollers. I would counter that risk-averse corporate publishing has steadily shrunk the number of available titles, counting on a handful of blockbusters to drive the market. Taylor goes on to defend not just the publishing status quo, but the legal one:

Now that the Authors Guild has objected, in the form of a lawsuit, to Google’s appropriation of our books, we’re getting heat for standing in the way of progress, again for thoughtlessly wanting to be paid. It’s been tradition in this country to believe in property rights. When did we decide that socialism was the way to run the Internet?

First of all, it’s funny to think of the huge corporations that dominate the web as socialist. Second, this talk about being paid for appropriating books for a search database is revealing of the two totally different worldviews that are at odds in this struggle. The authors say that any use of their book requires a payment. Google sees including the books in the database as a kind of payment in itself. No one with a web page expects Google to pay them for indexing their site. They are grateful that they do! Otherwise, they are totally invisible. This is the unspoken compact that underpins web search. Google assumed the same would apply with books. Taylor says not so fast.
Here’s Taylor on fair use:

Google contends that the portions of books it will make available to searchers amount to “fair use,” the provision under copyright that allows limited use of protected works without seeking permission. That makes a private company, which is profiting from the access it provides, the arbiter of a legal concept it has no right to interpret. And they’re scanning the entire books, with who knows what result in the future.

Actually, Google is not doing all the interpreting. There is a legal precedent for Google’s reading of fair use established in the 2003 9th Circuit Court decision Kelly v. Arriba Soft. In the case, Kelly, a photographer, sued Arriba Soft, an online image search system, for indexing several of his photographs in their database. Kelly believed that his intellectual property had been stolen, but the court ruled that Arriba’s indexing of thumbnail-sized copies of images (which always linked to their source sites) was fair use: “Arriba’s use of the images serves a different function than Kelly’s use – improving access to information on the internet versus artistic expression.” Still, Taylor’s “with who knows what result in the future” concern is valid.
So on the one hand we have many writers and most publishers trying to defend their architecture of revenue (or, as Taylor would have it, their dignity). But I can’t imagine how Google Print would really be damaging that architecture, at least not in the foreseeable future. Rather it leverages it by placing it within the frame of another architecture: web search. The irony for the authors is that the current architecture doesn’t seem to be serving them terribly well. With print-on-demand gaining in quality and legitimacy, online book search could totally re-define what is an acceptable risk to publishers, and maybe more non-blockbuster authors would get published.
On the other hand we have the universities and libraries participating in Google’s program, delivering the good news of accessibility. But they are not sufficiently questioning what Google might do with its database down the road, or the implications of a private technology company becoming the principal gatekeeper of the world’s corpus.
If only this debate could be framed in a subtler way, rather than the for-Google-or-against-it paradigm we have now. I’m cautiously optimistic about the effect of having books searchable on the web. And I tend to believe it will be beneficial to authors and publishers. But I have other, deep reservations about the direction in which Google is heading, and feel that a number of things could go wrong. We think the cencorship of the marketplace is bad now in the age of publishing conglomerates. What if one company has total control of everything? And is keeping track of every book, every page, that you read. And is reading you while you read, throwing ads into your peripheral vision. I’m curious to hear from readers what they feel could be the hazards of Google Print.

google is sued… again

This time by publishers. Penguin Group USA, McGraw-Hill, Pearson Education, Simon & Schuster and John Wiley & Sons. The gripe is the same as with the Authors’ Guild, which filed suit last month alleging “massive copyright infringement.” Publishers fear a dangerous precedent is set by Google’s scanning of books to construct what amounts to a giant card catalogue on the web. Google claims “fair use” (see rationale), again pointing out that for copyrighted works only tiny “snippets” of text are displayed around keywords (though perhaps this is not yet fully in effect – I was searching around in this book and was able to look at quite a lot).
Google calls the publishers’ suit “near-sighted.” And it probably is. The benefit to readers and researchers will be tremendous, as will (Google is eager to point out) the exposure for authors and publishers. But Google Print is undoubtedly an earth-shaking program. Look at the reaction in Europe, where alarm bells rung by France warned of cultural imperialism, an english-drenched web. Heads of state and culture convened and initial plans for a European digital library have been drawn up.
What the transatlantic flap makes clear is that Google’s book scanning touches a deep nerve, and the argument over intellectual property, signficant though it is, distracts from a more profound human anxiety — an anxiety about the form of culture and the shape of thoughts. If we try to grope back through the millennia, we can find find an analogy in the invention of writing.
The shift from oral to written language froze speech into stable strings that could be transmitted and stored over distance and time. This change not only affected the modes of communication, it dramatically refigured the cognitive makeup of human beings (as McLuhan, Ong and others have described). We are currently going through another such shift. The digital takes the freezing medium of text and throws it back into fluidity. Like the melting of polar ice caps, it unsettles equilibriums, changes weather patterns. It is a lot to adjust to, and we wonder if our great-great-grandchildren will literally think differently from us.
But in spite of this disorienting new fluidity, we still have print, we still have the book. And actually, Google Print in many ways affirms this since its search returns will point to print retailers and brick-and-mortar libraries. Yet the fact remains that the canon is being scanned, with implications we can’t fully perceive, and future uses we can’t fully predict, and so it is understandable that many are unnerved. The ice is really beginning to melt.
In Phaedrus, Plato expresses a similar anxiety about the invention of writing. He tells the tale of Theuth, an Egyptian deity who goes around spreading the new technology, and one day encounters a skeptic in King Thamus:

…you who are the father of letters, from a paternal love of your own children have been led to attribute to them a power opposite to that which they in fact possess. For this discovery of yours will create forgetfulness in the minds of those who learn to use it; they will not exercise their memories, but, trusting in external, foreign marks, they will not bring things to remembrance from within themselves. You have discovered a remedy not for memory, but for reminding. You offer your students the appearance of wisdom, not true wisdom. They will be hearers of many things and will have learned nothing; they will appear to be omniscient and will generally know nothing; they will be tiresome company, having the show of wisdom without the reality.

As I type, I’m exhibiting wisdom without the reality. I’ve read Plato, but nowhere near exhaustively. Yet I can slash and weave texts on the web in seconds, throw together a blog entry and send it screeching into the commons. And with Google Print I can get the quote I need and let the rest of the book rot behind the security fence. This fluidity is dangerous because it makes connections so easy. Do we know what we are connecting?

google expands book-scanning project to europe

This week Google will be paying a visit to the Frankfurt Book Fair to talk with European publishers and chief librarians (including arch nemesis Jean-Nöel Jeanneney) about eight new local incarnations of Google Print. (more)

copyright lawyers remain richest professionals

Or so is the case in Korea, where the custodians of intellectual property law ranked first (apparently for the sixth straight year) in a recent personal income survey. An interesting nugget blown down the pipeline from Korean newspaper Chosun Ilbo, in an article barely longer than its headline. Though I am only able to explore the English-language edition, it seems to be a newspaper with no end of information, but little in the way of analysis. One has the feeling of reading oil, a lubricant for the economic wheels that have delivered a war-torn and psychologically divided nation into material prosperity. Korea is now a major regional power of the so-called global information economy.
The Chosun trifle nicely animates the highly abstract, but fascinating “A Hacker Manifesto” by McKenzie Wark, which I recently began reading. The manifesto is a Marxist tract for the information age, redefining the eternal class struggle in terms of intellectual property – the post-capital form of property – which is controlled by a new ruling class, the “vectoralists.” The vectoralists – Bill Gates, Rupert Murdoch, or the big pharmaceutical companies would be the most obvious examples – control the vectors, or channels, of communication, and seek to subjugate the “hackers,” who Wark defines as a newly coherent class of idea makers – programmers, inventors, artists and philosophers. It’s an important book, and convincingly argues why the intellectual property debate is central in the struggle for liberty.

That the vectoralist class has replaced capital as the dominant exploiting class can be seen in the form that the leading corporations take. These firms divest themselves of their productive capacity, as this is no longer a source of power. They rely on a competing mass of capitalist contractors for the manufacture of their products. Their power lies in monopolizing intellectual property — patents, copyrights and trademarks — and the means of reproducing their value — the vectors of communication. The privatization of information becomes the dominant, rather than a subsidiary, aspect of commodified life.

He goes on to quote from Naomi Klein:

“There is a certain logic to this progression: first, a select group of manufacturers transcend their connection to earthbound products, then, with marketing elevated as the pinnacle of their business, they attempt to alter marketing’s social status as a commercial interruption and replace it with seamless integration.”