Is Google Print…Evil?
Some are saying that Google’s motto "don’t be evil" is not being heeded much these days. The controversy surrounds the Google Print project (now rebranded "Google Book Search"). Without the publishers’ or authors’ consent, Google is scanning all the books in 3 big libraries and creating searchable digital copies via Google Print. Google feels what they are doing is "fair use" and no big deal since the publishers can "opt out," if they choose. Publishers say that’s not how the law works — if you want to make a full copy of a book, you must get permission from the copyright holder.
On Google’s official blog, their statement is: "We regret that this group chose to sue us over a program that will make millions of books more discoverable to the world — especially since any copyright holder can exclude their books from the program. What’s more, many of Google Print’s chief beneficiaries will be authors whose backlist, out of print and lightly marketed new titles will be suggested to countless readers who wouldn’t have found them otherwise. 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."
As you know, I love Google, but I don’t think they’re going to win this battle now that they’ve been sued by both the authors guild and the Association of American Publishers. Google is basically breaking the law and trying to set some sort of new precedent by forcing publishers to take this battle to court. It seems as though they are hedging their bets that the courts will rule in their favor. It’s as if they are trying to exercise eminent domain over content, perhaps starting with books, but with plans to move on to other media. I think that searchable books are a great idea, but working with the publishers, a la Amazon, may have kept Google out of the courts. Both cases are in the courts now, waiting a judge’s ruling.
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Interesting. This is actually a bit of a tricky question. The copyright laws traditionally deal with damages caused by misuse of an author’s work — however, in this case, there are never likely to be damages because Google is not republishing the material in any real capacity.
Ingenious.