Don't Cache that check
Might or might not be offtopic: 1. Plaintiffs are published authors and The Authors Guild, the nation's largest organization of book authors, which has as its primary purpose to advocate for and support the copyright and contractual interests of published writers. The authors' works are contained in certain public and university libraries, and have not been licensed for commercial use. 2. Defendant Google Inc. (.Google.) owns and operates a major Internet search engine that, among other things, provides access to commercial and other sites on the Internet. Google has contracted with several public and university libraries to create digital "archives" of the libraries' collections of books, including that of the University of Michigan library. As part of the consideration for creating digital copies of these collections, the agreement entitles Google to reproduce and retain for its own commercial use a digital copy of the libraries' archives. http://wendy.seltzer.org/media/AuthorsGuild-v-Google.pdf I wonder what this will do for you ISP guys out there that use Cache servers. Technically if the suit holds, your company too would be violating laws. Which makes me wonder... If I listened to say a streaming audio clip of an unreleased album... That album goes to my computer's cache, can I be sued if I turn around and sell my cache. ;) =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ J. Oquendo GPG Key ID 0x97B43D89 http://pgp.mit.edu:11371/pks/lookup?op=get&search=0x97B43D89 "Just one more time for the sake of sanity tell me why explain the gravity that drove you to this..." Assemblage
On 9/21/05, J. Oquendo <sil@politrix.org> wrote:
Might or might not be offtopic: http://wendy.seltzer.org/media/AuthorsGuild-v-Google.pdf
I wonder what this will do for you ISP guys out there that use Cache servers. Technically if the suit holds, your company too would be violating laws. Which makes me wonder... If I listened to say a streaming audio clip of an unreleased album... That album goes to my computer's cache, can I be sued if I turn around and sell my cache. ;)
It will have zero impact on people running caching servers... Please see points 2 through 5 in the nature of the action. Specifically, "Google knew or should have known... to obtain authorization from the holders of the copyrights in these literary works before creating and reproducing digital copies of the Works for its own commercial use..." Somewhere, there's a shepard listening for your cries of "Wolf..." -doug
On Wed Sep 21, 2005 at 02:44:22PM -0400, J. Oquendo wrote:
2. Defendant Google Inc. (.Google.) owns and operates a major Internet search engine that, among other things, provides access to commercial and other sites on the Internet. Google has contracted with several public and university libraries to create digital "archives" of the libraries' collections of books, including that of the University of Michigan library.
IANAL, but surely the public and university libraries are equally at fault for contracting to make available the books if, in doing so, they'd be causing a copyright infringement? Simon -- Simon Lockhart | * Sun Server Colocation * ADSL * Domain Registration * Director | * Domain & Web Hosting * Internet Consultancy * Bogons Ltd | * http://www.bogons.net/ * Email: info@bogons.net *
On Wed, 2005-09-21 at 20:28:09 +0100, Simon Lockhart proclaimed...
IANAL, but surely the public and university libraries are equally at fault for contracting to make available the books if, in doing so, they'd be causing a copyright infringement?
IANAMLM*, but is this really on-topic? * - I am not a mailing list moderator.
# 29 says Google plans to make the texts searchable and only allow excerpts to be viewed. This should be legal under Fair Use doctrine. Some seem to assume the full text will be available, that seems not the case: http://googleblog.blogspot.com/2005/09/google-print-and-authors-guild.html "Let's be clear: Google doesn't show even a single page to users who find copyrighted books through this program (unless the copyright holder gives us permission to show more). At most we show only a brief snippet of text where their search term appears, along with basic bibliographic information and several links to online booksellers and libraries. Here's what an in-copyright book scanned from a library looks like on Google Print" James Routing and Security Administrator At the Santa Fe Office: Cyber Mesa Telecom jamesh@cybermesa.com noc@cybermesa.com http://www.cybermesa.com/ContactCM (505) 795-7101
Yes, but that's not the point of the lawsuit. The point seems to be that Google should not receive advertising revenue by creating a searchable archive of copyrighted material owned by other parties. While I believe that such a service will actually be to the benefit of the copyright owners, the Plaintiffs have a valid point. Certainly *I* would like a say in whether my material is used in such a matter by others. Perhaps I believe that my material is so valuable that I could create my own search engine for it, and thereby receive a revenue stream. Copyright law is pretty clear that it's my exclusive right to do that. In any case, as others have pointed out, ISP caching is normally immune, and so this isn't really on topic anymore. -- Bruce Robertson, President/CEO +1-775-348-7299 Great Basin Internet Services, Inc. company-wide fax: +1-775-348-9412 http://www.greatbasin.net my efax: +1-775-201-1553 james edwards wrote:
# 29 says Google plans to make the texts searchable and only allow excerpts to be viewed. This should be legal under Fair Use doctrine. Some seem to assume the full text will be available, that seems not the case:
http://googleblog.blogspot.com/2005/09/google-print-and-authors-guild.html
"Let's be clear: Google doesn't show even a single page to users who find copyrighted books through this program (unless the copyright holder gives us permission to show more). At most we show only a brief snippet of text where their search term appears, along with basic bibliographic information and several links to online booksellers and libraries. Here's what an in-copyright book scanned from a library looks like on Google Print"
James Routing and Security Administrator At the Santa Fe Office: Cyber Mesa Telecom jamesh@cybermesa.com noc@cybermesa.com http://www.cybermesa.com/ContactCM (505) 795-7101
On Wed, 21 Sep 2005 14:44:22 EDT, "J. Oquendo" said:
I wonder what this will do for you ISP guys out there that use Cache servers. Technically if the suit holds, your company too would be violating laws.
No. http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000512----000-... 17 USC 512(b)(1) specifically says: (1) Limitation on liability.-- A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the intermediate and temporary storage of material on a system or network controlled or operated by or for the service provider in a case in which-- (A) the material is made available online by a person other than the service provider; (B) the material is transmitted from the person described in subparagraph (A) through the system or network to a person other than the person described in subparagraph (A) at the direction of that other person; and (C) the storage is carried out through an automatic technical process for the purpose of making the material available to users of the system or network who, after the material is transmitted as described in subparagraph (B), request access to the material from the person described in subparagraph (A),
participants (7)
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Bruce Robertson -
Douglas Dever -
eric -
J. Oquendo -
james edwards -
Simon Lockhart -
Valdis.Kletnieks＠vt.edu