[IP] more on Google Print

[David Farber <dave@farber.net>]

Begin forwarded message:

From: Lauren Weinstein <lauren@vortex.com>
Date: October 30, 2005 10:53:22 AM EST
To: cindy@eff.org
Cc: dave@farber.net, lauren@vortex.com
Subject: Google Print



Cindy,

You say...

"Google isn't getting or giving free copies full of any of the works."

On what do you base the first part of your statement?  Google is
clearly scanning complete copies of the works.  They have not
suggested that they will only "process" them once for their index
and then delete the original full copies.  They have not offered to
certify that the copies won't be available -- even internally to
Google -- to be read or referenced by employees for other purposes,
or used for internal R&D above and beyond the index.

But let's assume for the sake of the argument that you trust Google
on this score.  Where do we draw the lines?  From a legal
standpoint, how do we determine who has the rights to fully copy and
keep copies of copyrighted works without permission?  Is this
capability conferred only on multi-billion-dollar search engine
corporations?  What about tiny startups?  Nonprofits?  What about
individuals who want to have a collection of books that interest
them (without paying for them), and offer public search engine
snippets (with or without ads) in the process as the ostensible
raison d'etre?

I definitely agree that the orphan works problem is a big one.  I
believe that is where efforts should be concentrated.  I don't claim
to have a clear answer for this that would protect everybody's
rights to a level I'd be comfortable with.  But for works that are
obviously not orphaned, where the rights holders are relatively easy
to find, I think that the situation is different and permission
should have been required in advance.

I'm concerned that some people seem to have taken their hatred of
RIAA and MPAA Digital Rights Management overreaching and
inappropriately transposed similar feelings into this situation.

It's a real can of worms.

--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


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