Tuesday, April 19, 2016

Supreme Court lets ruling favoring Google Books over Author's Guild and its "establishment-ism" stand

The Supreme Court has refused to review a Second Circuit ruling denying a claim by the Author’s Guild that it is entitled to “copyright creep” as a claim against Google books.  Corynne McSherry has a story April 18 at Electronic Frontier Foundation here. This issue had been covered here Jan. 1, 2016.

The Second Circuit had written in October that copyright is intended to benefit the public by encouraging authorship.  But the reasoning of the Circuit seems to be that copyright should not provide a barrier to entry for new authors by unreasonably protecting the turf of established writers.  This is the old “fourth estate” v. “fifth estate” problem which even Mark Cuban has mentioned.

The Author’s Guild has in the past been vigorous in representing the interests of already established authors who earn advances and who depend on writing for a living, the antithesis of writers like me so immerse in my own special narrative.

The New York Times today has a story on the matter by Adam Liptak and Alexandra Alter here. The Guild complains that there is a massive "redistribution of wealth" from the creative sector to the tech sector (which it probably perceives me as part of). 

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