[IP] Re: EXcellent article on Google's scanning strategy

[David Farber <dave@farber.net>]

Begin forwarded message:

From: Thomas Lord <lord@emf.net>
Date: February 12, 2007 2:05:44 AM EST
To: dave@farber.net
Cc: ip@v2.listbox.com
Subject: Re: [IP] EXcellent article on Google's scanning strategy

The "do it, get sued, settle" strategy was apparent from the  
beginning but aren't there two remaining legal problems?

First, by my (layperson's) reading of the federal code, the libraries  
and Google are colluding in a criminal act which is explicitly  
anticipated by and forbidden by the law (read the federal copyright  
code sections that pertain specifically to libraries).    Don't the  
publishers have enough leverage to seize the databases of scanned  
books, prohibit Google from using them, and collect damages?   Better  
be a heck of a settlement offer.

Second, supposing (as is likely the case) the publishers really want  
Google to operate this database then, sure, they can give retroactive  
copyright forgiveness and future permission to Google, letting many  
of our nation's most important libraries off the hook.    And then  
comes the second problem: antitrust violations.   Why does Google get  
uniquely privileged access to all of this data?

One can guess (or else suggest) that Google's competitors should be  
assisting with the suit against Google with the aim of creating a  
truly competitive environment for maintaining and providing access to  
the digital archives.

What an odd country we live in.

-t



David Farber wrote:
> Begin forwarded message:
>
> From: Ted Nelson <tandm@xanadu.net>
> Date: February 12, 2007 12:52:36 AM EST
> To: David Farber <dave@farber.net>
> Cc: Ted Nelson <tandm@xanadu.net>
> Subject: recorrected :xu: EXcellent article on Google's scanning  
> strategy
> Reply-To: tandm@xanadu.net
>
> Hi Dave--
>
>
> Everybody wonders what Google is going to do next.
>
> Here's a great piece called "Google's Moon Shot"--
>
> http://www.newyorker.com/fact/content/articles/070205fa_fact_toobin
>  printable at
> http://www.newyorker.com/printables/fact/070205fa_fact_toobin
>
> Thiis excellent piece (from the Feb 12 New Yorker) describes the
>  current strange situation-- all the major American publishers are
>  suing Google for scanning their books without permission;
>  Google is expected to PAY THEM OFF, which it can easily afford,
>  gaining the keys to the kingdom.
>
> How to deliver final information to users-- this is where I think
>  the Xanadu Project, with its design for parallel media views
>  and recomposition, is still highly relevant.
>
> CheersT
>
>
> --Theodor Holm Nelson
>   Visiting Fellow, Oxford Internet Institute
>   Visiting Professor, University of Southampton
>   Founder, Project Xanadu
>
>
>
> --Theodor Holm Nelson
>   Visiting Fellow, Oxford Internet Institute
>   Visiting Professor, University of Southampton
>   Founder, Project Xanadu
>
> -------------------------------------------


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