Monday, June 11, 2007

I wish galleycat had a comment section

This post is so stupifyingly awful I would love to leave a comment. It's called giving Google a taste of its own medicine and is about the dumbass move of Richard Charkin, the Macmillan CEO who stole two Google laptops and said that doing that is the same thing as what Google is doing to out of print books.

Charkin comments in his own blog (in a post called The Heist) and I quote:

I confess that a colleague and I simply picked up two computers from the Google stand and waited in close proximity until someone noticed. This took more than an hour.

Our justification for this appalling piece of criminal behaviour? The owner of the computer had not specifically told us not to steal it. If s/he had, we would not have done so. When s/he asked for its return, we did so. It is exactly what Google expects publishers to expect and accept in respect to intellectual property.



While galleycat pretends to offer up more than one perspective of the debacle their ridiculous headline proves that a) they're totally clueless and just don't get it or b) they think the CEO did the right thing.

Boingboing has a nice item up with a quote from Larry Lessig that I like very much.

(3) If the computer was not sitting at a market booth, but instead was in a trash dump (like, for example, the publishers out of print book list), or on a field, lost to everyone, then that fits the category of property that Google is dealing with. But again, Google doesn’t take possession of the property in any way that interferes with anyone else taking possession of the property. The publisher, for example, is perfectly free to decide to publish the book again. Instead, in this case, what Google does is more like posting an advertisement — “lost computer, here it is, is it yours?”

(4) Or again, imagine the computer was left after the conference. No easy way to identify who the owner was. No number to call. In that case, what would the “head honcho’s,” or anyone’s rights be? Well depending upon local law, the basic rule is finders keepers, loser weepers. There might be an obligation to advertise. There might be an obligation to turn the property over to some entity that holds it for some period of time. But after that time, the property would go to the “head honcho” — totally free of any obligation to Google. Compare copyright law: where the property can be lost for almost a century, and no one (according to the publishers at least) has any right to do anything with it. Once an orphan, the law of copyright says, you must be an orphan. No one is permitted to even help advertise your status through a technique like search engine.

(5) Or again, imagine the computer was a bank account in New York. And imagine, the bank lost track of the owner of the account. After 5 years, the money is forfeited to the state. Compare copyright: in New York state, a sound recording could be 100 years old, but no one has any freedom with respect to that sound recording unless the copyright owner can be discovered.

I would love for Google to add my work to their book project and in fact have decided not to join the Author's Guild because of their suit against Google.

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