Comments on: Hey Authors . . . You Snooze, You Lose With the Google Book Deal http://www.40tech.com/2010/02/25/hey-authors-you-snooze-you-lose-with-the-google-book-deal/ Tech for Real People Tue, 07 Feb 2012 21:30:16 +0000 hourly 1 http://wordpress.org/?v= By: Kosmo @ The Casual Observer http://www.40tech.com/2010/02/25/hey-authors-you-snooze-you-lose-with-the-google-book-deal/comment-page-1/#comment-3669 Kosmo @ The Casual Observer Fri, 26 Feb 2010 21:31:43 +0000 http://www.40tech.com/?p=2569#comment-3669 Hmm. Well, first of all, the way I understand this is that it would only affect books currently identified by Google. After all, you need to "claim" your books in order to get your money or opt out, and there's no way to do this for future works. I guess I just see the settlement as a contract, and contracts often alter the rights parties have under law. Sure, you have to be on the ball, since there's an opt-out, but this is an issue with class action suits in general. If your publisher or agent are looking out for you, they should make you aware of the situation. You're not on as much of an island as a web master. You've piqued my interest, though. I'll have to take a deeper look. Hmm. Well, first of all, the way I understand this is that it would only affect books currently identified by Google. After all, you need to “claim” your books in order to get your money or opt out, and there’s no way to do this for future works.

I guess I just see the settlement as a contract, and contracts often alter the rights parties have under law. Sure, you have to be on the ball, since there’s an opt-out, but this is an issue with class action suits in general. If your publisher or agent are looking out for you, they should make you aware of the situation. You’re not on as much of an island as a web master.

You’ve piqued my interest, though. I’ll have to take a deeper look.

]]> By: Evan Kline http://www.40tech.com/2010/02/25/hey-authors-you-snooze-you-lose-with-the-google-book-deal/comment-page-1/#comment-3663 Evan Kline Fri, 26 Feb 2010 14:15:20 +0000 http://www.40tech.com/?p=2569#comment-3663 I don't think you're missing anything, but I think it just begs the question - should private parties be able to use class action suits to, in effect, make new law that affects everyone (i.e. it doesn't affect just the parties)? Or is that better left for Congress? The big difference between this contract and most, is that this one is setting rights for everyone, and establishing new copyright law. Should class action suits have boundaries? For example, there are laws that protect the content of copyrighted websites. Could Google enter into a private deal with a handful of webmasters, that allows Google to republish not just the content of those webmasters, but the content of all web sites on the net, unless owners opted out? It just smells like an end run around getting new laws passed. Under current law, authors have certain rights. This settlement would restrict those rights, in direct contravention with the rights set forth by law. Should private parties have that much power, to change laws enacted by Congress? I don’t think you’re missing anything, but I think it just begs the question – should private parties be able to use class action suits to, in effect, make new law that affects everyone (i.e. it doesn’t affect just the parties)? Or is that better left for Congress? The big difference between this contract and most, is that this one is setting rights for everyone, and establishing new copyright law. Should class action suits have boundaries?

For example, there are laws that protect the content of copyrighted websites. Could Google enter into a private deal with a handful of webmasters, that allows Google to republish not just the content of those webmasters, but the content of all web sites on the net, unless owners opted out? It just smells like an end run around getting new laws passed.

Under current law, authors have certain rights. This settlement would restrict those rights, in direct contravention with the rights set forth by law. Should private parties have that much power, to change laws enacted by Congress?

]]> By: Kosmo @ The Casual Observer http://www.40tech.com/2010/02/25/hey-authors-you-snooze-you-lose-with-the-google-book-deal/comment-page-1/#comment-3651 Kosmo @ The Casual Observer Fri, 26 Feb 2010 04:22:16 +0000 http://www.40tech.com/?p=2569#comment-3651 Am I missing something? It's fairly typical for class action agreements to have an opt-out. As for "This private agreement would, in essence, create new law, without any participation from Congress." This sort of thing happens all the time. It's just a contract between parties. Yeah, copyright protection was just fine before CTEA. Now it's excessive. And I say that as someone who aspires to make a living as a novelist. .-= Kosmo @ The Casual Observer´s last blog ..<a href="http://feedproxy.google.com/~r/TheCasualObserver/~3/OgBiY2g2lb4/" rel="nofollow">Joe’s Olympic Adventure: Day 0</a> =-. Am I missing something? It’s fairly typical for class action agreements to have an opt-out.

As for
“This private agreement would, in essence, create new law, without any participation from Congress.”

This sort of thing happens all the time. It’s just a contract between parties.

Yeah, copyright protection was just fine before CTEA. Now it’s excessive. And I say that as someone who aspires to make a living as a novelist.
.-= Kosmo @ The Casual Observer´s last blog ..Joe’s Olympic Adventure: Day 0 =-.

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