kottke.org posts about legal
Parable about Google’s Library Project and copyright (discussed here last week). “All I have to do is borrow the CDs or DVDs, downloaded music or video or whatever, copy them, and then offer some sort of ‘fair use’ excerpt index service, just like Google is doing with the books. It’s the perfect gimmick.”
I got an email this morning from a kottke.org reader, Meghann Marco. She’s an author and struggling to get her book out into the hands of people who might be interested in reading it. To that end, she asked her publisher, Simon & Schuster, to put her book up on Google Print so it could be found, and they refused. Now they’re suing Google over Google Print, claiming copyright infringement. Meghann is not too happy with this development:
Kinda sucks for me, because not that many people know about my book and this might help them find out about it. I fail to see what the harm is in Google indexing a book and helping people find it. Anyone can read my book for free by going to the library anyway.
In case you guys haven’t noticed, books don’t have marketing like TV and Movies do. There are no commercials for books, this website isn’t produced by my publisher. Books are driven by word of mouth. A book that doesn’t get good word of mouth will fail and go out of print.
Personally, I hope that won’t happen to my book, but there is a chance that it will. I think the majority of authors would benefit from something like Google Print.
She has also sent a letter of support to Google which includes this great anecdote:
Someone asked me recently, “Meghann, how can you say you don’t mind people reading parts of your book for free? What if someone xeroxed your book and was handing it out for free on street corners?”
I replied, “Well, it seems to be working for Jesus.”
And here’s an excerpt of the email that Meghann sent me (edited very slightly):
I’m a book author. My publisher is suing Google Print and that bothers me. I’d asked for my book to be included, because gosh it’s so hard to get people to read a book.
Getting people to read a book is like putting a cat in a box. Especially for someone like me, who was an intern when she got her book deal. It’s not like I have money for groceries, let alone a publicist.
I feel like I’m yelling and no one is listening. Being an author can really suck sometimes. For all I know speaking up is going to get me blacklisted and no one will ever want to publish another one of my books again. I hope not though.
[My book is] called ‘Field Guide to the Apocalypse’ It’s very funny and doesn’t suck. I worked really hard on it. It would be nice if people read it before it went out of print.
As Tim O’Reilly, Eric Schmidt, and Google have argued, I think these lawsuits against Google are a stupid (and legally untenable) move on the part of the publishing industry. I know a fair number of kottke.org readers have published books…what’s your take on the situation? Does Google Print (as well as Amazon “Search Inside the Book” feature) hurt or help you as an author? Do you want your publishing company suing Google on your behalf?
Twenty percent of the human genome is patented. I expect that someday in the future, my morning will be interrupted by a lawyer telling me that the company he represents holds a patent on the biochemical conversion of foodstuffs to energy suitable for powering a biological organism and that I should cease and desist eating my Cheerios.
The right of Conde Nast to sell The Complete New Yorker (which is completely awesome from a content standpoint, BTW) without paying authors for republish rights is a gray area legally. National Geographic has stopped selling a similar collection because of the unsure legal terrain.
Librarian gets even with an annoying junk faxer and even gets the guy’s airplane seized…and all the proceeds from the sale will go to the Leukemia Society.
An ethical will is a good way to pass on your values to your descendants. Here’s a template and some advice to get you started.
Tattoo copyrights and lawsuits. David Beckham is being threatened with a lawsuit by his tattooist should he and his wife “go ahead with a promotional campaign highlighting their body art”.
Ugh, riders on the NYC subway are going to have their bags randomly searched by the NYPD. “People who do not submit to a search will be allowed to leave, but will not be permitted into the subway station.” What the fuck?!?
Another use for Google Maps: getting out of traffic tickets in the courtroom. Many traffic cases are decided in favor of the state because of a lack of information on the part of the defendant…you’d be surprised at how good a chance you have of fighting a ticket if you show up armed with good information.
Coke is using 500,000 liters of water/day in India despite water shortages. Coke is threatening to sue a photographer who put up a billboard critical of that water usage.
Nike is catching some shit for appropriating some imagery for one of their skateboarding events from a 1984 album cover by Dischord Records’ Minor Threat. Dischord is alledging that Nike stole the image:
No, they stole it and we’re not happy about it. Nike is a giant corporation which is attempting to manipulate the alternative skate culture to create an even wider demand for their already ubiquitous brand. Nike represents just about the antithesis of what Dischord stands for and it makes me sick to my stomach to think they are using this explicit imagery to fool kids into thinking that the general ethos of this label, and Minor Threat in particular, can somehow be linked to Nike’s mission. It’s disgusting.
Here are the images (original on the left):

Setting aside the difference in philosophy between the two parties, this is obviously an homage on Nike’s part (or rather, on the part of the designers working on this campaign for Nike…they probably love skating and that album and are paying their respects). Graphic design, filmmaking, pop culture, and music is full of stuff like this…sampling and ripping and riffing and homages are all part of the deal. Seems like a punk label like Dischord should be aware of that but in the above quote they sound more like a big company afraid of losing their intellectual property. Isn’t punk all about taking without permission? Or does that not apply when you don’t like the folks doing the taking? Lighten up, Dischord.
Update: Nike has apologized for producing the poster. Lame.
Update #2: I’m getting a ton of mail about this, the most about a single post in quite awhile. Without exception, you all disagree with me.
Choirboy. “As head boy at a legendary choir school, Lawrence Lessig was repeatedly molested by the charismatic choir director, part of a horrific pattern of child abuse there. Now, as one of America’s most famous lawyers, he’s put his own past on trial to make sure such a thing never happens again.”
Microsoft is sponsoring a short film contest called Thought Thieves about intellectual property theft. And the entry form states: “I will formally license on terms acceptable to Microsoft, all intellectual property rights in my film and agree to waive all moral rights in relation to my film if requested to do so”. Heh.
A quick take on Apple’s control freakishness. “Running a tightly controlled company has worked well for Jobs. But being a little out of control can pay dividends, too - by fostering creative freedom, not to mention goodwill. Jobs need only look at his own slogans. Life Is Random. Enjoy Uncertainty. At Apple, this is marketing, not a way of life.”
Keeping tabs on Martha Stewart on parole. Is attending a dinner party “essential employment”?
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