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My Take on the Google Books Case

September 5, 2009 By Mark 6 Comments

Following up on earlier posts about the Google Books case and the proposed settlement with the Authors Guild regarding past copyright infringement by Google, and after reading Scott Gant’s take on the case, I now feel like I have a handle on what’s going on.

1) Google broke the law by scanning and marketing a bunch of books it didn’t have the right to scan and market. They weren’t the copyright holders, but they went ahead and did it anyway, and that’s against the law.

2) The Authors Guild — which is also a corporation with its own self interests — sued Google for breaking the law, even though it may not have had standing to do so. It did so on behalf of its members, but it also did so on behalf of itself. If Google could break copyright laws with impunity, then the Authors Guild would be meaningless as an entity.  [ Read more ]

Filed Under: Publishing Tagged With: Google Books

Google Books Settlement Rejected

March 22, 2011 By Mark Leave a Comment

This is extremely good news:

A New York federal judge has overturned a Nov. 2009 agreement on whether or not Google can digitize millions of books as part of its Google Books initiative.

My position has always been that the Google Books Settlement was a direct violation of copyright law and of the rights of copyright holders. Judge Denny Chin clearly agreed:

Indeed, the ASA would give Google a significant advantage over competitors, rewarding it for engaging in wholesale copying of copyrighted works without permission, while releasing claims well beyond those presented in the case.”

I’ll have more to say about this after I digest the ruling. Previous commentary on the issue here, here, here, here, here, here, here and here.

Update: It’s reassuring to see that Google’s blatant larceny is being exposed and denied in this case (p. 35).

Second, it is incongruous with the purpose of the copyright laws to place the onus on copyright owners to come forward to protect their rights when Google copied their works without first seeking their permission.

If Google and the Author’s Guild could conspire to circumvent third-party copyrights, and copyright law itself, there would be no end to the abuses unleashed on authors — all at a time when authors of all stripes need copyright protection more than ever.

Independent authorship is premised on inviolate copyright law. This ruling and rebuke could not be more welcome.

— Mark Barrett

Filed Under: Publishing Tagged With: copyright, GBS, Google Books

More Google Books Hilarity

September 3, 2009 By Mark 1 Comment

In all the reading I’ve done about the Google Books class action suit, I completely missed this (from Reuters):

Under the settlement, authors have until the end of this week to opt out of the settlement.

Any time you have to opt out, it means the people opting you in have already won. As to the rest of the Reuters piece, it details an FTC letter urging Google to improve its privacy policy blah blah blah blah blah….

Please. Anyone who ever cracked open the bloody hatch on the political sausage machine knows that nothing matters except enforcement. And so far there’s nothing to enforce. Ergo Google will do whatever it wants and people will enjoy Google Books until SOMETHING BAD happens, at which point everyone will be shocked — shocked! — that there is gambling in Casablanca.

— Mark Barrett

Filed Under: Publishing Tagged With: Google Books

Google As Benevolent Dictator

September 23, 2009 By Mark 2 Comments

It’s taken me a while to figure out the Google Books Case, and I’m still not sure I could accurately and fairly describe the motivations of all parties involved. In the end I’m not even confident there’s a good guy to point to, given that all parties seem eager to claim and exploit rights to other people’s property.

(Is it just me, or is it time to beat back some of these absurd online euphemisms? Currently a complete stranger who’s lying to you about who they are qualifies as a friend, and the idea of stealing other people’s property is redefined as sharing. “Because I am such a good person, I want to share these stolen — uh….I mean, orphaned — jewels with you. In fact, have a whole bag. And some MP3’s.”)

Yesterday, Google and the Justice League of Authors decided to avoid a ritualized gutting in the courts over a proposed mutually-beneficial settlement aimed squarely at exploiting other people’s legal rights. (When I say I’m still not sure I can ‘accurately and fairly describe the motivations of all parties involved,’ this is what I’m talking about.) At the strategic level this is nothing more than legal repositioning. Google and the Author’s Guild are almost certainly still intent on putting a deal together that passes the smell test without actually mitigating their mutual and individual legal objectives.  [ Read more ]

Filed Under: Publishing Tagged With: Google Books, lawsuit

E-books Outselling Print On Amazon

May 20, 2011 By Mark Leave a Comment

It was inevitable, but the speed of the transition is impressive:

In July 2010, Amazon announced that sales of electronic books for its Kindle e-book reader surpassed sales of hardcover books on the site. Six months later, sales of Kindle books surpassed that of paperbacks. Now, customers are downloading Kindle books more than hardcovers and paperbacks combined.

Having built their businesses on the production and distribution of physical books, traditional (legacy) publishers are in big trouble. The cash crop of seasonal, celebrity and cyclical titles that annually supported publishing’s administrative and production overhead is rapidly disappearing. The same information is either readily available for free on the internet, or more quickly and easily produced as an e-book or subscription service. Customers can still get what they want, but publisher are no longer critical to that process.

Attempts by publishers to control (if not fix) the price of e-books have also failed. Even with a lower cost of production, e-books must still provide revenue that offsets the loss of print sales or publishers will necessarily have to reduce those costs — including employment costs devoted to print. Whether Amazon’s numbers are consistent with other retail channels, the trend seems clear: the profitability of e-books will determine the viability of any publisher going forward. (There are probably very real implications for the paper industry as well. Adjust your portfolio accordingly.)

The good news is that content and books as valued objects are not under siege. If anything, many of the books previously sold in physical form and now sold in digital form had little or no value as objects — and probably little or no value after a year on the shelves. Clearing big-box stores of titles that existed only by virtue of a constricted distribution channel obviously means adjustment, but I see no downside for the reader. Physical books will still be available, and probably in better-quality editions. It may also be that independent bookstores will thrive because of their smaller footprint and more intimate knowledge of local reading habits.

Update: The New York Times has more here.

Filed Under: Publishing Tagged With: e-books

Google & Sony: Together Again

September 1, 2009 By Mark 2 Comments

It looks like the Google/Sony alliance is getting serious. And as I said last week, in a post about the rollout of Sony’s new anti-Kindle e-readers, it’s going to be very hard to bet against this tag-team powerhouse in any market they decide to enter.

The news from last night is that Sony is going to be putting Google’s Chrome browser in all of the PC’s that it ships in North America.

Sony started installing Chrome in PCs bound for North America in May, a Sony representative said. The deal was initially a test run for the two companies, but the test phase is nearly over.

The Sony deal marks an important step for Chrome into PCs. Launched almost exactly a year ago, the browser has had a rough time against rivals such as Microsoft’s Internet Explorer and Mozilla’s Firefox.

Once again the Google/Sony alliance is strengthened, and the momentum of their combined flying wedge is aimed straight at Microsoft.  [ Read more ]

Filed Under: ~ Tangents Tagged With: Google, Microsoft, Sony

Best Buy, Borders and Buying Books

September 14, 2010 By Mark Leave a Comment

Over the weekend I went into a Best Buy. I checked out some music and some movies, then went looking for the software shelves. There weren’t any.

I don’t know if you shop at Best Buy very often, but no tech-centered store does more to stay abreast of current trends. When MP3 players got hot, Best Buy made room. Now that mobile phones are all the rage they are also center stage at Best Buy. Still, the fact that there was no boxed software came as quite a shock to someone who has watched the PC revolution from its infancy.

But it was nothing compared with the shock I felt when I found myself staring at actual physical books for sale. Sure, the shelf was an orphaned unit, awkwardly placed. And the selection was small — maybe thirty titles in all. But there they were, mostly music-related titles, defiantly low-tech in a high-tech store that couldn’t be bothered to stock software. If I ever needed confirmation that books will never die, that was it.

This anachronism also prompted me to recall what I believe to be my only-ever visit to a Borders store. It came a month ago or so in Manhattan, and the whole time I was wandering around looking at titles I couldn’t shake the feeling that I was visiting a terminally ill patient in a hospital.  [ Read more ]

Filed Under: Publishing Tagged With: books

Google Mail #825 Error | 2 Workarounds

November 18, 2010 By Mark 2 Comments

A few days ago I started getting an error at the top of my Google Mail page. The error displays after I look at any message in my inbox, then attempt to return to the inbox. The error reads as follows:

Oops… the system encountered a problem (#825)

The error also displays a countdown notice that it will retry the operation in five seconds, and a button to retry the requested operation immediately. Neither waiting for the clock to count down and retry or retrying on command resolves the problem.

Workaround #1
I do not allow third-party cookies on my machine. Until recently disabling third-party cookies proved compatible with Google Mail. Now that seems not to be the case.

Changing my cookie settings to allow third-party cookies resolves the problem. Because I do not want to allow third-party cookies, and because I don’t think you should either, I do not recommend this workaround.

Workaround #2
When the error displays, clicking the refresh button will load the requested window, and seems to resolve the problem for the current session. Leaving GMail and returning reproduces the problem, but it can again be resolved with a single refresh of the window.

I don’t what change Google made to prompt this behavior. I found a thread on Google’s support site earlier today but both then and at the time of this posting no explanation was given for the error, or for any third-party cookies that Google may be allowing on Google Mail.

Update: I am no longer getting the error message as of 11/18. Hopefully the issue has been resolved, if not explained.

— Mark Barrett

Filed Under: Non Sequiturs Tagged With: Google

Google is the New Microsoft

May 14, 2015 By Mark Leave a Comment

Two days ago I went to log into Gmail and found that the login screen I had been using for, what — an entire decade? — was suddenly behaving differently. Now, as a longtime web user I’ve been taught that any time something seems phishy I should make sure that what I’m seeing is actually what it purports to be. That is in fact the lesson all large web companies preach — be vigilant!

The problem, of course, is that the level of criminal sophistication perpetrating such deceptions keeps growing, to the point that almost anything seems possible. How do I know that someone hasn’t figured out a way to show me the appropriate URL, then redirect my traffic or keystrokes to a hostile server? I mean, I’m a reasonably sophisticated web user, but that only means I’m that much more aware of what I don’t know.

As it turns out, the change to my Gmail login ritual was not only initiated by Google, it was rolled out on the sly without, ironically, so much as an email that a change was coming. Meaning I had to get on the internet to find out that other users around the country and around the world were being confronted by that same autocratic change before I knew it was safe to log into my Gmail account.

Somewhere in the high-tech bowels of Google a group of very highly paid people got together and decided that they would roll out a new login scheme which requires twice as many clicks as the old scheme, that they would do so without giving notice to anyone who used that scheme, and that they would give no reason for doing so. That is exactly how the world ended up with Windows 8, and a whole host of other Microsoft initiatives to win market share and own technology spaces in complete disregard for its customers.

I suspect that the Gmail change has something to do with Google’s recognition that the world is going mobile, but the real story here is the contempt with which Google views its users. That is in fact the signature moment in any tech company’s life cycle — the one where current users are considered to be, at best, nothing more that a population to be exploited, and at worst, a hindrance to corporate goals that have completely diverged from the products and services being offered and utilized.

In terms of righteous indignation this barely qualifies as a 2, so I’m not suggesting anyone leave Gmail, but simply that you take a step back and get your mind around the contempt that any company would have to have in order to suddenly change the portal to your email account. Because those are the same people who have said they are not reading your hosted emails, or personally identifying your web traffic, or doing anything else you wouldn’t want them to do because they promised they wouldn’t be evil.

Update: It occurred to me last night that the new Gmail requirement that users click on two separate screens in order to log in, instead of only one as before, may have been initiated as a means of encouraging people to stay logged in all the time. While presenting as an initial annoyance, once users gave in and complied it would strengthen Google’s brand association with email products and the user’s reliance on same, preventing people from migrating to other platforms for chat and video, etc. The downside, obviously, is that it would actually make Gmail accounts significantly less secure if an always-logged-in device fell into the wrong hands.

— Mark Barrett

Filed Under: Non Sequiturs Tagged With: Google

Books

Edition Histories

The Year of the Elm

  • CreateSpace/POD book — Published 01/14/11 — ISBN 1-4563-3953-2
  • Kindle/DTP e-book — Published 01/14/11 — ISBN 978-1-4563-3953-1
    1. (Discontinued 04/08/13)
  • Smashwords e-book — Published 04/18/10 — ISBN 978-1-4581-7952-4
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