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PUBLISHERS SUE GOOGLE OVER BOOK SEARCH PROJECT
CNET News ^ | 19 October 2006 | Alorie Gilbert

Posted on 10/15/2006 8:27:38 PM PDT by MeneMeneTekelUpharsin

The Association of American Publishers has filed a lawsuit against Google, alleging the Internet company's plans to scan and digitally distribute the text of major library collections would violate copyright protections. The group filed suit after lengthy discussions with Google's management about the company's Print Library Project broke down, the AAP said on Wednesday. As part of the project, Google is working to scan all or parts of the book collections of the University of Michigan, Harvard University, Stanford University, the New York Public Library and Oxford University. It plans to let people search the texts. The company also intends to sell advertisements related to such searches.

"The publishing industry is united behind this lawsuit against Google and united in the fight to defend their rights," AAP President and former Colorado Congresswoman Patricia Schroeder said in a statement. "While authors and publishers know how useful Google's search engine can be and think the Print Library could be an excellent resource, the bottom line is that under its current plan, Google is seeking to make millions of dollars by freeloading on the talent and property of authors and publishers." The AAP suit follows a similar action by the Authors Guild, which sued Google last month over the library project. Other groups, including the Association of American University Presses, have also criticized the book-scanning plan. Google has defended itself, saying the project is fully consistent with the fair-use doctrine under U.S. copyright law, which allows for excerpts in book reviews. The company said in August, however, that it would temporarily halt the project to respond to concerns. It plans to resume the project on Nov. 1, AAP said.

The AAP suit seeks a declaration by the court that Google commits infringement when it scans entire books covered by copyright and a court order preventing Google from doing so without permission from copyright owners. The group filed the suit on behalf of McGraw-Hill, Pearson Education, Penguin Group, Simon & Schuster, and John Wiley & Sons. "Google Print is a historic effort to make millions of books easier for people to find and buy. Creating an easy-to-use index of books is fair use under copyright law and supports the purpose of copyright: to increase the awareness and sales of books directly benefiting copyright holders," said David Drummond, Google's vice president of corporate development and general counsel. "This short-sighted attempt to block Google Print works counter to the interests of not just the world's readers, but also the world's authors and publishers."


TOPICS: News/Current Events
KEYWORDS: copyright; google; infringement; youtube
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This entire issue is going to be interesting to watch. Google buys YouTube which has on its servers copyrighted material for which they have no permissions. Google ALSO has copyrighted material on its servers for which it has no permissions. Now this. Either anything on the internet is free, or, people have to follow copyright laws. It will be interesting to see who wins this one.
1 posted on 10/15/2006 8:27:39 PM PDT by MeneMeneTekelUpharsin
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To: MeneMeneTekelUpharsin

And 98% of the lawsuits coming will target Americans...


2 posted on 10/15/2006 8:30:51 PM PDT by Dallas59 (Muslims Are Only Guests In Western Countries)
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To: MeneMeneTekelUpharsin

Unless renewed, aren't book copyrights only good for about 70 years?


3 posted on 10/15/2006 8:34:11 PM PDT by Muleteam1
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To: Dallas59

I am wondering if someone can provide some reliable information as to what Google is facing with this? I can't believe they have bought this liability.


4 posted on 10/15/2006 8:34:25 PM PDT by MeneMeneTekelUpharsin (Freedom is the freedom to discipline yourself so others don't have to do it for you.)
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To: MeneMeneTekelUpharsin

google: "All you stuff does belong to us".


5 posted on 10/15/2006 8:35:21 PM PDT by isthisnickcool (Sliding butt stock, carry handle, gas operated. Named after a horse. What am I?)
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To: MeneMeneTekelUpharsin
If they want to get a good start on the collection, they should buy Blackmask.
It at least only published free EBOOKS that were out of copyright.
6 posted on 10/15/2006 8:36:20 PM PDT by HuntsvilleTxVeteran ("Remember the Alamo, Goliad and WACO, It is Time for a new San Jacinto")
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To: MeneMeneTekelUpharsin
It will be interesting to see who wins this one.

I predict Google will win. They are knowledgeable about the legal protections available to online service providers.

7 posted on 10/15/2006 8:38:54 PM PDT by HAL9000 (Get a Mac - The Ultimate FReeping Machine)
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To: isthisnickcool

Ha ha ha. How true.


8 posted on 10/15/2006 8:39:06 PM PDT by MeneMeneTekelUpharsin (Freedom is the freedom to discipline yourself so others don't have to do it for you.)
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To: MeneMeneTekelUpharsin
Failure. That's what the AAP lawsuit will result in. They've got the dog before the pony - scanning the books isn't the violation, unless they wish to imply that virtually every blind person is breaking the law as well by using readers.

Nope, the reality is that Google can scan to it's heart content. The question arises if Google can display the information it collected - and the AAP knows that if it gets to that battle, they'll damage existing copyright law down to it's foundations.

Their best chance was to work out a licensing deal with Google and adapted to the future. Hopefully some calm minds will weigh in and push them back to the table. They won't win in the long run in court.
9 posted on 10/15/2006 8:40:33 PM PDT by kingu (No, I don't use sarcasm tags - it confuses people.)
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To: MeneMeneTekelUpharsin
AAP President and former Colorado Congresswoman Patricia Schroeder said in a statement. "While authors and publishers know how useful Google's search engine can be and think the Print Library could be an excellent resource, the bottom line is that under its current plan, Google is seeking to make millions of dollars by freeloading on the talent and property of authors and publishers."

Did Patricia Schroeder start crying in the middle of saying that?

10 posted on 10/15/2006 8:45:43 PM PDT by Paleo Conservative
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To: Paleo Conservative

No telling. However, she does have a point. I wouldn't want my copyrighted work usurped by Google without permission, IMHO.


11 posted on 10/15/2006 8:46:52 PM PDT by MeneMeneTekelUpharsin (Freedom is the freedom to discipline yourself so others don't have to do it for you.)
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To: kingu; MeneMeneTekelUpharsin
They won't win in the long run in court.

That's something sometimes heard before someone loses a case.

QUESTION: "Hey, what's the difference between a parasite, a lawyer and google?"

ANSWER: "Nothing".

12 posted on 10/15/2006 8:50:06 PM PDT by isthisnickcool (Sliding butt stock, carry handle, gas operated. Named after a horse. What am I?)
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To: MeneMeneTekelUpharsin
It will be interesting to watch AAP President and former Colorado Congresswoman Patricia Schroeder in this action against Google.

Ask all the US military retirees about former Congresswoman Patricia Schroeder.

13 posted on 10/15/2006 9:03:34 PM PDT by Buddy B (MSgt Retired-USAF)
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To: MeneMeneTekelUpharsin
I wouldn't want my copyrighted work usurped by Google without permission, IMHO.

Usurped, how? They aren't distributing the contents of the works, simply returning search results. It's nothing a librarian couldn't in principle do over the phone; it's just faster and more efficient.

14 posted on 10/15/2006 9:08:42 PM PDT by Physicist
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To: Physicist

Except that a librarian wouldn't read you the book over the phone. The google project is basically putting all books online, that is a violation of the law. You can already use the internet to find books now.


15 posted on 10/15/2006 9:14:28 PM PDT by jf55510
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To: kingu
The question arises if Google can display the information it collected

Isn't it already settled case law that anyone can create an index to a copyrighted book and sell it without royalty payments to the publisher?

16 posted on 10/15/2006 9:15:25 PM PDT by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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To: MeneMeneTekelUpharsin
It will be interesting to see who wins this one.

Google, and not by using any legal arguments. Google simply has to ask each publisher whether they want their books indexed or not. If they say no, then their books won't get indexed...but neither will any of their corporate sites, nor any other site that links to theirs. To anyone who uses Google as their primary search engine, which is to say most people, that publisher will effectively be off the internet.

17 posted on 10/15/2006 9:17:18 PM PDT by Physicist
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To: jf55510
My understanding is that the searches aren't going to retrieve the full text of the work.
18 posted on 10/15/2006 9:19:09 PM PDT by Physicist
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To: jf55510
The google project is basically putting all books online, that is a violation of the law.

No. You can't view the entire content of the work. You can only view a part of the sentence that contains the search term.

19 posted on 10/15/2006 9:21:42 PM PDT by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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To: jf55510
Here's what Google says:

When you click on a search result for a book from the Library Project, you'll see the Snippet View which, like a card catalog, shows you information about the book plus a few snippets – a few sentences of your search term in context. You may also see the Sample Pages View if the publisher or author has given us permission or the Full Book View if the book is out of copyright. In all cases, you'll see 'Buy this Book' links that lead directly to online bookstores where you can buy the book.

20 posted on 10/15/2006 9:22:53 PM PDT by Physicist
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