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Today, an article appeared on Yahoo. European book publishers take their arguments against Google even farther than I do. They claim that search engines that bring up even so much as a word of a copyrighted work constitutes a violation of the author’s copyright. “The new models of Google and others reverse the traditional permission-based copyright model of content trading that we have built up over the years,” said Francisco Pinto Balsemao, the head of the European Publishers Council, in prepared remarks for a speech at a Brussels conference.” He continued, “”It is fascinating to see how these companies ‘help themselves’ to copyright-protected material, build up their own business models around what they have collected, and parasitically, earn advertising revenue …

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Google has commenced a program intended to make more books available on-line, in a free digital format. As an author, I have intensely mixed feelings about this program. On one hand, anything that promotes the further distribution of books or which in any way spreads the word about my work is potentially a good thing. Likewise, I wholeheartedly support the idea of making public domain works available for free in a digital format. Everyone wins there, and no authors are hurt since their entitlement to royalties expired long ago. However, as a lawyer, there is little doubt in my mind that that portion of this program that deals with works that are still subject to protection constitutes copyright infringement on …

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Those of you who are long-time readers of this blog know that I have been vehemently opposed to that portion of the Google Book Search project that involves the scanning of copyrighted works without the permission of the author, and then making those books available on-line in some fashion without paying royalties to the authors for the privilege. I came out against this program from the very start, and I enthusiastically supported the class action copyright infringement lawsuit filed against Google Book Search by the Authors Guild.

I then became horribly disillusioned when I learned that the Guild had entered into a tentative settlement with Google that would have perpetuated the copyright infringement AND which would have given Google a …

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Jim EppersonReader Jim Epperson sent me a note about his experience with Google and the reason why he is not a fan of Google’s copyright infringement scheme. After hearing Jim’s story, I asked him to prepare a guest blog post for me for inclusion in this blog. Here’s Jim’s guest blog post:

Eric asked if I would write a guest post about my Google experience. First, some background:

I graduated from Carnegie-Mellon University with a mathematics Ph.D. in 1980, and began my academic career at the University of Georgia. I later moved to the University of Alabama in Huntsville (UAH). While I began my career with typical dreams of setting the mathematical world on fire, by the mid-1990s I had come

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From CNET on September 2:

Amazon came out swinging Tuesday against Google’s proposed settlement with book authors and publishers.

Amazon’s opposition was made public last week when it joined the Open Book Alliance, but the company filed its own brief with the U.S. District Court for the Southern District of New York Tuesday arguing against making the proposed settlement final. In its filing (click for PDF), Amazon notes that it has also scanned books, but has not taken the controversial step that Google took in scanning out-of-print but copyright-protected books without explicit permission.

Way back in 2004, when Google began scanning books from libraries, it believed it had the right to scan the entire text of a copyright-protected book under

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I’m horrified to find myself in agreement with Microsoft on anything, but I actually find myself completely aligned with Microsoft on the issue of the Google Books settlement. Below is the reason why:

The Proposed Google Book Search Settlement: Fact vs. Fiction

FICTION: The proposed settlement agreement merely resolves private litigation between private parties, which is a good thing.

FACT: The deal far exceeds the bounds of a typical legal settlement. It would tread directly on Congress’ jurisdiction, privatizing important copyright and public policy decisions historically made by Congress. It abuses class action procedure to create an exclusive joint venture between Google, the Association of American Publishers (AAP) and the Authors’ Guild, strengthening Google’s dominance in search and creating a

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I’ve made my opposition to Google’s plan to scan materials that are still covered by copyright and make them available on the Internet well known. I’ve ranted about it extensively here at length and won’t beat that poor dead horse any more.

At the same time, each time I’ve addressed this question, I’ve said that I think that the scanning of public domain works is not only appropriate but an admirable and worthy project that I wholeheartedly support, largely because nobody’s copyright rights are being trampled. After the past couple of weeks, I feel even more strongly about the subject.

When we decided to beef up our study of the retreat from Gettysburg to make it a more scholarly work …

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My antipathy for Google’s book scanning copyright infringement scheme is well-documented here, and I won’t repeat my rants about why I am so vehemently opposed to that portion of the Google program that deals with works that are still subject to copyright protection. To reiterate one point: I have absolutely no problem or issue with that portion of the Google program that seeks to digitize public domain works, and wholeheartedly support that aspect of it. My gripe, stated here in one of my very first blog posts, has never changed.

In any event, a group of Belgian newspapers sued Google in Belgian courts, claiming that the posting of headlines and hyperlinks to their articles constituted copyright infringement under Belgian law. …

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I’ve not been shy about stating my opinions about copyright protection issues, generally in the context of Google’s scheme to engage in copyright infringement on an unprecedented scale.

Many of you are familiar with the site YouTube, where people can post videos on the Internet and where they can be downloaded for free. YouTube is coming under increasing scrutiny due to copyright infringement concerns. While the networks haven’t gone after it yet, that day will come, probably much sooner than later. Here’s an article that appeared on CNet earlier this week:

Another Internet research firm has predicted doom for YouTube’s business model.

Copyright issues that have plagued video-sharing site YouTube since its official launch almost a year ago will …

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This from today’s edition of the San Jose Mercury News:

Google seeks rivals’ data for lawsuit over libraries
YAHOO, MICROSOFT BACK OTHER BOOK PROJECTS
By Elise Ackerman
Mercury News
Google is subpoenaing documents from its two biggest competitors, Microsoft and Yahoo, in an effort to defend itself in copyright lawsuits filed against it by publishers and authors.

McGraw-Hill Cos. and the Authors Guild, along with other publishers and authors, contend that a Google project to digitize the libraries of four major U.S. universities, as well as portions of the New York Public Libary and Oxford University’s libraries, ignores the rights of copyright holders in favor of Google’s economic self-interest.

The publishers support a separate book-scanning effort, known as the …

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