Donna Wentworth
( Archive | Home | Technorati Profile)

Ernest Miller
( Archive | Home )

Elizabeth Rader
( Archive | Home )

Jason Schultz
( Archive | Home )

Wendy Seltzer
( Archive | Home | Technorati Profile )

Aaron Swartz
( Archive | Home )

Alan Wexelblat
( Archive | Home )

About this weblog
Here we'll explore the nexus of legal rulings, Capitol Hill policy-making, technical standards development, and technological innovation that creates -- and will recreate -- the networked world as we know it. Among the topics we'll touch on: intellectual property conflicts, technical architecture and innovation, the evolution of copyright, private vs. public interests in Net policy-making, lobbying and the law, and more.

Disclaimer: the opinions expressed in this weblog are those of the authors and not of their respective institutions.

What Does "Copyfight" Mean?

Copyfight, the Solo Years: April 2002-March 2004

a Typical Joe
Academic Copyright
Jack Balkin
John Perry Barlow
Blogbook IP
David Bollier
James Boyle
Robert Boynton
Brad Ideas
Ren Bucholz
Cabalamat: Digital Rights
Cinema Minima
Consensus @ Lawyerpoint
Copyfighter's Musings
Copyright Readings
CopyrightWatch Canada
Susan Crawford
Walt Crawford
Creative Commons
Cruelty to Analog
Culture Cat
Deep Links
Derivative Work
Julian Dibbell
Digital Copyright Canada
Displacement of Concepts
Downhill Battle
Exploded Library
Bret Fausett
Edward Felten - Freedom to Tinker
Edward Felten - Dashlog
Frank Field
Seth Finkelstein
Brian Flemming
Frankston, Reed
Free Culture
Free Range Librarian
Michael Froomkin
Michael Geist
Michael Geist's BNA News
Dan Gillmor
Mike Godwin
Joe Gratz
James Grimmelmann
Groklaw News
Matt Haughey
Erik J. Heels
Induce Act blog
Inter Alia
IP & Social Justice
IPac blog
Joi Ito
Jon Johansen
JD Lasica
Legal Theory Blog
Lenz Blog
Larry Lessig
Jessica Litman
James Love
Alex Macgillivray
Madisonian Theory
Maison Bisson
Kevin Marks
Tim Marman
Matt Rolls a Hoover
Mary Minow
Declan McCullagh
Eben Moglen
Dan Moniz
Danny O'Brien
Open Access
Open Codex
John Palfrey
Chris Palmer
Promote the Progress
PK News
PVR Blog
Eric Raymond
Joseph Reagle
Recording Industry vs. the People
Lisa Rein
Thomas Roessler
Seth Schoen
Doc Searls
Seb's Open Research
Shifted Librarian
Doug Simpson
Stay Free! Daily
Sarah Stirland
Swarthmore Coalition
Tech Law Advisor
Technology Liberation Front
Siva Vaidhyanathan
Vertical Hold
Kim Weatherall
David Weinberger
Matthew Yglesias

Timothy Armstrong
Bag and Baggage
Charles Bailey
Beltway Blogroll
Between Lawyers
Blawg Channel
Chief Blogging Officer
Drew Clark
Chris Cohen
Crooked Timber
Daily Whirl
Dead Parrots Society
Delaware Law Office
J. Bradford DeLong
Betsy Devine
Ben Edelman
Ernie the Attorney
How Appealing
Industry Standard
IP Democracy
IP Watch
Dennis Kennedy
Rick Klau
Wendy Koslow
Elizabeth L. Lawley
Jerry Lawson
Legal Reader
Likelihood of Confusion
Chris Locke
Derek Lowe
MIT Tech Review
Paper Chase
Frank Paynter
Scott Rosenberg
Scrivener's Error
Jeneane Sessum
Silent Lucidity
Smart Mobs
Trademark Blog
Eugene Volokh
Kevin Werbach

Berkman @ Harvard
Chilling Effects
CIS @ Stanford
Copyright Reform
Creative Commons
Global Internet Proj.
Info Commons
IP Justice
ISP @ Yale
NY for Fair Use
Open Content
Public Knowledge
Shidler Center @ UW
Tech Center @ GMU
U. Maine Tech Law Center
US Copyright Office
US Dept. of Justice
US Patent Office

In the Pipeline: Don't miss Derek Lowe's excellent commentary on drug discovery and the pharma industry in general at In the Pipeline


« Publishers Pile On | Main | The Broadcast Flag for Dummies »

October 24, 2005

Speaking Volumes

Email This Entry

Posted by

I've got a few pressing personal matters to attend to, and may not be able to return to Copyfight for another few days. In the meantime, here are a few highlights from the discussion surrounding (what else but) Google's "bet-the-Internet" battle to make books easier to find -- and keep fair use alive in the digital era.

Danny Sullivan, underscoring the difference between indexing and reprinting: "Here's the thing. Google is NOT, repeat NOT, republishing copies of books that it scans out of libraries. This is a fundamental mistake that many people seem to be making. Google is scanning books into an index, just as it spiders web pages and adds them to its index...Want the actual book? Google Print won't give it to you. Instead, you have to go someplace and buy it or find it in a library. Google Print merely tells you the book may be what you're looking for."

Dan Thies, responding: "In the case of web pages, a cached copy is usually kept, but Google Print isn’t offering that. If you search for some words with Google Print, they’ll tell you which books the words occured in, and give you a very small snippet of context, which is about as close a fit to 'fair use' as you’ll find… I just quoted a far more substantive piece of Danny’s intellectual property than Google Print ever would, and I’m well within the bounds of reasonable fair use."

Kevin Drum in The Washington Monthly: "I sometimes feel that if the increasingly expansive view of copyright asserted today had been around a couple of centuries ago, the Supreme Court would have ruled that lending libraries were illegal. But just as circulating libraries have a social value that far outweighs the minimal intrusion they produce in an author's ability to control the distribution of her work, the same is true of Google's project."

Authors Guild President Nick Taylor: "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?"

Peter Suber, responding: "Nick Taylor's piece shows that he's as clueless as I feared. First, he doesn't understand what socialism is. Second and more important, he complains that the Google project will deprive him of revenue but doesn't offer a single reason to think so...If he thinks that Google's snippets are too large, then either he should scale back his lawsuit to the demand that they fall within fair use or he should forthrightly call for the repeal of fair use."

Meghann Marco, the author whose publisher won't allow her book to be included in Google Print: "I'd asked for my book to be included, because gosh it's so hard to get people to read a book [but Simon & Schuster refused.]...Kinda sucks for me, because not that many people know about my book and this might help them find out about it...In case you guys haven't noticed, books don't have marketing like TV and Movies do."

Brother Blankenhorn, on what he describes as "monetizing fair use": "Lining up for money before the risk is proven is like the pig, the duck, and the dog lining up at the Little Red Hen's oven, waiting for bread, when she hasn't yet sown the seed. If publishers offered their help to Google, instead of their lawsuits, they might have some moral right to the bread coming out of Google's virtual ovens."

Tim Lee: "If there had been an Association of Web Site Publishers in 1995, they could have made precisely the same argument about AltaVista. Had they prevailed, it’s hard to predict how things would have evolved, but it seems unlikely they would have gone as well...The most comprehensive search engines might have required users to subscribe, as LexisNexis and Factiva do....If Google Print is copyright infringement, then so is Google itself. I hope it’s obvious to everyone that declaring Google illegal would be a bad idea."

(Via Peter Suber's always useful Open Access News.)

Update (Oct. 25): Derek Slater: " When I look at the Google Print case, I say 'game on' - I see a chance for a legitimate defendant to take a real shot at making some good law. There's broad and even unexpected support for what Google's doing. A strategy of just patiently waiting on the sidelines, to try to hold Congress off, seems potentially very damaging."

Update #2: Charles Bailey presents The Google Print Controversy: A Bibliography: "This bibliography presents selected electronic works about Google Print that are freely available on the Internet. It has a special focus on the legal issues associated with this project."

Comments (0) + TrackBacks (0) | Category: IP Use


Remember Me?


Email this entry to:

Your email address:

Message (optional):

Trademark Law Includes False Endorsement
Kickstarter Math
IP Without Scarcity
Crash Patents
Why Create?
Facebook Admits it Might Have a Video Piracy Problem
A Natural Superfood, and Intellectual Property