Re: Re: Copyright Expiration ?

On 05/08/2012 9:20 PM, Beth Young wrote:
>
> "Even so, I do not
> feel that my frustration is reason for risking a whole industry. That
> does not mean there might not be useful changes; which is why I
> expressed interest in what you were saying. Do you want to expand either
> on the books involved in your own problem, or on the way your idea might
> work, or both?"
>
> Not being smarter than all the bright minds who have already thought about
> this, I really don't know what would be best. I think the last time I ran
> into the problem was a few years ago when I wanted to teach part of Jim
> Quinn's _Tongue and Cheek: A populist guide to our language_ to a graduate
> linguistics class. Quinn had retained his own copyright and our bookstore
> couldn't find him anywhere. I just assigned something else, so the world
> didn't end, and it wouldn't be worth risking an industry over. But it did
> seem a shame to have to deny him readers.
>
> That's why I was intrigued by what Dave wrote about including availability
> as a consideration. I wonder if anything like that has been
> proposed/discarded by policymakers? Or if it is just too unworkable to
> consider?
>
> Beth
>

Thank you for the response Beth.  I do understand the frustration of 
your situation; these days I get quite irritated if I can't get hold of 
something I am researching.

In a sense that is a victory of the internet, which has so quickly made 
us all think we should have 'what we want when we want it.' Yet only a 
dozen years ago we all worked quite easily with the truth that very 
little of what we can find today in a quick search was available - or 
easily available.  I imagine Quinn, or his publisher, was among those 
very suspicious of the internet and of piracy.

It is a pity about that, as you say. But the availablity issue was the 
test suggested by Google in the Book Agreement. If you read that 
agreement - which had, I think fourteen extensively cross referenced and 
woolly files - it showed just how dangerous the concept was, and how 
Google was planning to use that as the thin end of a very fat wedge. 
This was one of dozens of terms used loosely and often incorrectly. 
Every time one finds the place of definition of a term one found wording 
which said something like "as will be determined by Google".

Knowing how Google uses its 'saintly' image to mobilise users, I have 
tried to bring to the attention of anyone interested in their ideas 
exactly what effect is likely from the move. It is a while since I read 
the agreement [2008] but they tended also to use terms as synonyms, and 
they did so with out of print and availability. As I said the first 
varies in a million contracts, and the latter requires probably pages of 
definition.

Knowing it is a frustration, I am quite keen to find an answer. Which is 
why I hoped you had a new thought on it. Even with my own frustration at 
times I am not convinced it truly is a problem that must be solved. But 
if solution is wanted the best answer might be some sort of panel in 
each country that searches when asked, and acts 'in loco licensor' for 
the item. What I would strongly oppose is allowing anyone or any company 
to make the decision and pretend a search. What a gift to pirates! And 
one reason I opposed the Google registry was because the costs of 
running it were to come out of the royalties instead of from Google - 
the major beneficiary - or those wishing to licence works.

Joseph Harris


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