You may have heard that the Author's Guild is suing the HathiTrust, a coalition of libraries that is proposing to share their scans of some out-of-print books whose authors can't be located, passing them around among themselves. Corynne McSherry from the Electronic Frontier Foundation reviews the AG's lawsuit, and concludes that they don't have a snowball's chance. I'm in Ann Arbor, MI today, where the local university has been named in the suit -- I had a couple conversations with Hathi-ers today, and they all seem pretty sanguine about the Guild's suit.
Instead, the Guild makes much of imminent plans to make a small set of orphan works (i.e., in-copyright works where the rightsholder cannot be found) available to the university community – but here’s where the Guild’s standing problem arises. None of the owners of those works are part of the lawsuit. The Guild cannot sue on behalf of people who aren’t members, and who aren’t even known. Since it filed the lawsuit, the Guild has managed to identify a few potential rightsholders that the libraries had categorized as orphans, but they are still not parties to the lawsuit (and the libraries are pulling them from the list, as was always promised if a potential rightsholder came forward). To top it off, most of the defendants are state institutions, and therefore cannot be held liable for money damages for copyright infringement. See here and here for more detailed analyses.
No Authors Have Been Harmed in the Making of This Library
The lawsuit gamely claims the libraries are causing “great and irreparable injury” to the authors the Guild claims to represent, as well as several additional individual authors, but it is hard to imagine what that harm might be. Presumably, most authors would like to have their works preserved, which is what the original scans are for, and can hardly object to the public having access to bibliographic information about them. The Guild claims there is an “intolerable” risk that the repository will be hacked – but offers no reason to imagine this will happen, or that the digital repository is less secure than the places where physical books (and digital works on microfiche, etc.) are stored. The Guild also complains that the problem of orphan works should be solved by Congress. That would be great, but it doesn’t seem to be happening anytime soon and denying academic communities (and indeed all communities) access to these works while Congress fiddles seems deeply wrong.
Matt Fraction and Chip Zdarsky’s creator-owned comic Sex Criminals is a filthy, hilarious heist story about a couple who discover that they can stop time while orgasming, and keep it frozen until they become horny again — so they use their power to rob banks in order to rescue a library from foreclosure (naturally). The first two series of the comic are collected in Big Hard Sex Criminals, a fabulous hardcover whose plain pink wrapper comes off to make it look like you’re reading a book on DIY pet euthanasia.
Abrams directed the first two Star Trek reboot movies and is producing the third one for Paramount; he says he convinced the studio to drop its controversial lawsuit against Axanar, a crowdfunded fan-film (a suit that included a dubious claim about the copyrightability of the Klingon language) telling them that the lawsuit “wasn’t an appropriate […]
The March 29 edition of Airbnb’s terms of service requires that people who rent out their homes acknowledge that despite the company’s widely advertised Host Protection Insurance program, “you understand and agree that Airbnb does not act as an insurer.”
Jared Sinclair developed the RSS reader app Unread, which made $10,000 in its first 24 hours on the iOS market. And we’ve all heard the story of Flappy Bird developer Dong Nguyen, whose creation was reportedly earning $50,000 a day at the height of its 2013 explosion. While those are rare examples, they’re also testament to the […]
If you or your company’s IT system are besieged by black hat cyber attacks, an ethical hacker might be all that stands between crippling damage and a company’s long-term prosperity. It’s no wonder that the market for IT security specialists is exploding. Certification is the key – so learn the tenets of ethical hacking and get […]
Your laptop and mobile devices are top of the line…so why are you trotting out that raggedy decades-old suitcase when you go somewhere? Time to up your travel game with a complete 5-piece Herschel Travel Luggage bundle…and we’ll even give it to you for free!Of course, you’ve got to win the Ultimate Herschel Travel Bundle […]