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Originally Posted by crich70
So if Google can make a copy of someone's work without permission does that mean that it will be legal to make dark net copies of books? It's copying a book without permission in both cases. Legalizing one would seem to legalize the other. And what of the poor author who doesn't have the $$ to sue a big corporation like Google? Where is their legal redress?
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Anyone can make a copy of a book they legally own. That's not the issue, it's the distribution that is the issue. And here, not even that is the issue; this was just whether or not thousands of individuals could be certified as a class for a class action.
Not that it's particularly relevant here, but I generally don't have an issue with Google digitizing millions of books to make them searchable. Seems like a great way to increase access to knowledge that might otherwise be lost and for getting money to authors whose work might otherwise be lost in the flood of books that comes out every year. I don't really understand the gut-level concern some have with Google displaying a page or two of a book (with search results highlighted) (which seems to be compatible with U.S. fair use copyright exemptions and Canada's similar fair dealing exemption), and then having a "buy now" link that lets someone buy the book; Google isn't giving away anyone else's book for free.
I think there are some really interesting legal questions with what Google is doing (particularly when it comes to orphan works), but those subtleties seem to get lost in the FUD of "Googles steling ar bookz!!!11"
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Originally Posted by pwalker8
It's an interesting case. On one hand, the justification for copyright in the Constitution is "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;", i.e. giving authors a limited time copyright to promote the generate good. On the flip side, Google, in scanning all those books is potentially saving works that might be lost which arguable does far more to promote the general good.
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Not just the general good, but often the good of the specific authors since Google is linking to sources where those books can be bought and isn't providing full copies of anything still under copyright.
I feel like some of those most outraged would be well-served by actually trying Google Books.