The Tragedy of Google Books (2017)

(theatlantic.com)

171 points | by lispybanana 6 hours ago

18 comments

  • philipkglass 5 hours ago
    These Google scans are also available in the HathiTrust [1], an organization built from the big academic libraries that participated in early book digitization efforts. The HathiTrust is better about letting the public read books that have actually fallen into the public domain. I have found many books that are "snippet view" only on Google Books but freely visible on HathiTrust.

    If you are a student or researcher at one of the participating HathiTrust institutions, you can also get access to scans of books that are still in copyright.

    The one advantage Google Books still has is that its search tools are much faster and sometimes better, so it can be useful to search for phrases or topics on Google Books and then jump over to HathiTrust to read specific books surfaced by the search.

    [1] https://www.hathitrust.org/

    • acidburnNSA 1 hour ago
      Hathitrust has been absolutely transformative for me, as an amateur nuclear enterprise historian.
  • yonran 4 hours ago
    > Dan Clancy, the Google engineering lead on the project who helped design the settlement, thinks that it was a particular brand of objector—not Google’s competitors but “sympathetic entities” you’d think would be in favor of it, like library enthusiasts, academic authors, and so on—that ultimately flipped the DOJ.

    I was at Google in 2009 on a team adjacent to Dan Clancy when he was most excited about the Authors’ Guild negotiations to publish orphan works and create a portal to pay copyright holders who signed up, and I recall that one opponent that he was frustrated at was Brewster Kahle of the Internet Archive, who filed a jealous amicus brief (https://docs.justia.com/cases/federal/district-courts/new-yo...) complaining that the Authors’ Guild settlement would not grant him access to publishing orphan works too. In my opinion Kahle was wrong; the existence of one orphan works clearinghouse would have encouraged Congress to grant more libraries access instead of doing nothing which is what actually happened in the 15 year since then. Instead of one company selling out-of-print but in-copyright books, or multiple organizations, no one is allowed to sell them today.

    Since then, of course, Brewster Kahle launched an e-library of copyrighted books without legal authorization anyway which will probably be the death of the current organization that runs the Internet Archive. Tragic all around.

    • chambers 3 hours ago
      I wish the contradiction you spotted was clear on their Wikipedia page. It demonstrates how far back IA's management troubles go, and how their clean image was maybe just an image.

      For me, I became concerned when they fibbed about why the Internet Archive Credit Union was liquidated. IA alleged it was shut down due to onerous regulations, but the government said IA actually never lived up to their goal of allowing local, low-income folk to sign-up for their service. https://ncua.gov/newsroom/press-release/2016/internet-archiv...

    • breck 0 minutes ago
      Why do you support intellectual slavery? Why are you against property rights?
    • mastazi 3 hours ago
      This is an insightful comment and I thank you for sharing it but, after having looked at the brief you linked

      > a jealous amicus brief that the Authors’ Guild settlement would not grant him access to publishing orphan works too

      that's not a fair overview of the amicus brief, there are good points there about the process of notifying orphan works rights holders and about the risk of a monopolistic position. I do agree with you on this part though

      > the existence of one orphan works clearinghouse would have encouraged Congress to grant more libraries access instead of doing nothing

      Edit: I also agree with you that the way the IA subsequently created its e-library was not ideal.

      • yonran 1 hour ago
        > that's not a fair overview of the amicus brief, there are good points there about the process of notifying orphan works rights holders and about the risk of a monopolistic position

        What I meant by “jealous” is that the Internet Archive’s interest was not to improve author notification or to protect foreign authors; it was to provide a competing service under similar or better terms than Google was able to negotiate without spending the time and money that Google did litigating. Kahle wanted what was in Google’s settlement.

        And what I meant by “Kahle was wrong” is not that every argument that his lawyers thought up was false; I think the agreement was later amended to fix some issues. My point is that Kahle’s theory of change was wrong. He thought that when the settlement was rejected, then Google would push Congress to create an orphan works law which the Internet Archive could use to publish old books too. As he wrote in his op-ed, “We need to focus on legislation to address works that are caught in copyright limbo. … We are very close to having universal access to all knowledge. Let's not stumble now.” https://www.washingtonpost.com/wp-dyn/content/article/2009/0... As it turns out, the rejection of the class action settlement did not cause Congress to create an orphan works law. In retrospect, we would have been more likely to get an orphan works law if Google had been allowed to set up a proof of the concept, making the monopoly on orphan works temporary.

      • lokar 2 hours ago
        I would say it’s much worse then “not ideal”, they may have poisoned the well for decades to come.
        • adastra22 1 hour ago
          Maybe permanently, as societal stances on these sorts of issues tend to solidify over time. In a couple of generations the very idea of a library may be confined to history thanks to IA :(
    • jamiek88 3 hours ago
      That pandemic library was a huge, obvious over step by him.

      It will have consequences far beyond the immediate lawsuit too.

      The very concept has basically been iced for a generation and the net is only getting more locked down not less.

    • pessimizer 3 hours ago
      Thanks for making me aware of this. This guy's heart is clearly (to me) in the right place, but his understanding of power is seriously lacking. That's probably what gave him the hubris to create Wayback and IA, but he'll be absolutely dumbstruck when they shut it down.
      • kragen 1 hour ago
        He won't be surprised at all. His slogan is "governments burn libraries". He's been able to forestall that for a while, and even provide public access, but permanence of the IA as an institution was never in the cards, given its subversive goal: universal access to all human knowledge.

        Guess where the first backup copy of the Internet Archive is located.

        • Yeul 4 minutes ago
          Libraries are funded by the government. They've been diligently scanning books for decades but nobody has had even the slightest interest in that until their favourite hackerman showed up. Libertarian god complex is so tiresome.
      • the_af 1 hour ago
        The Wayback machine is such an invaluable tool.

        I've used it to track down when wording on a site (for someday relevant to my job) changed, for example.

  • caseysoftware 4 hours ago
    I worked at the Library of Congress on their Digital Preservation Project, circa 2001-2003. The stated goal was to "digitize all of the Library's collections" and while most people think of books, I was in the Motion Picture Broadcast and Recorded Sound Division.

    In our collection were Thomas Edison's first motion pictures, wire spool recordings from reporters at D-Day, and LPs of some of the greatest musicians of all time. And that was just our Division. Others - like American Heritage - had photos from the US Civil War and more.

    Anyway, while the Rights information is one big, ugly tangled web, the other side is the hardware to read the formats. Much of the media is fragile and/or dangerous to use so you have to be exceptionally careful. Then you have to document all the settings you used because imagine that three months from now, you learn some filter you used was wrong or the hardware was misconfigured.. you need to go back and understand what was affected how.

    Cool space. I wish I'd worked there longer.

    • caseysoftware 4 hours ago
      Also.. it was fun learning the answer to "what is the work?"

      If you have an LP or wire spool recording, the audio is the key, obvious work. But then you have the album cover, the spool case, and the physical condition of the media. Being able to see an album cover or read a reporter's notes/labeling is almost as important as the audio.

    • ForHackernews 2 hours ago
      Is the Library of Congress really beholden to copyright laws? I guess I assumed as the national deposit library they had a special exemption to copy any damn thing they pleased for archival purposes.

      If they don't have that prerogative, they probably should, and Congress should legislate that to be the case.

  • Zigurd 5 hours ago
    O'Reilly, for whom I've been a lead author and co-author, did this: https://www.oreilly.com/pub/pr/1042

    They call it Founder's Copyright. The also use Creative Commons. The goal is to make out of print books available at no cost.

  • ErikAugust 4 hours ago
    “Page had always wanted to digitize books. Way back in 1996, the student project that eventually became Google—a “crawler” that would ingest documents and rank them for relevance against a user’s query—was actually conceived as part of an effort “to develop the enabling technologies for a single, integrated and universal digital library.” The idea was that in the future, once all books were digitized, you’d be able to map the citations among them, see which books got cited the most, and use that data to give better search results to library patrons. But books still lived mostly on paper. Page and his research partner, Sergey Brin, developed their popularity-contest-by-citation idea using pages from the World Wide Web.“

    Larry Page had some cool ideas… can’t imagine Books will ever be resurrected, unfortunately.

    • dekhn 4 hours ago
      He really wanted to digitize all of them to provide reference and training data for early language models (well before LLMs, transformers, etc).

      He also had a plan (with George Church) to build enormous warehouses holding large-scale biology research infrastructure right next to google data centers. Because most biology research is done at locations that have reached their limit on computational/storage capacity.

      Larry had many good ideas but he struggled to get the majority of them off the ground. For example, when Trump was president and invited all the major tech leaders, Larry came with a plan to upgrade the US electrical system with long-range DC.

    • carlosjobim 3 hours ago
      > The idea was that in the future, once all books were digitized, you’d be able to map the citations among them, see which books got cited the most, and use that data to give better search results to library patrons.

      You can do something similar to this already, by mapping which books are cited in Wikipedia articles. If you know how to do such a thing, because I don't.

  • xipho 5 hours ago
    A huge proportion of this corpus is found in the Hathi Trust (see https://www.hathitrust.org/the-collection/). We have had a grant to crawl and derive an index on it via their supercomputing resources. I'm sure they are looking to LLM proposals, though they are exceedingly careful about the copyright issues.

    https://www.hathitrust.org/

  • svilen_dobrev 5 hours ago
    This seems to be the fate of knowledge/content that stays in institutions which have been built with the idea of collecting it and growing it.. but have turned into walled gardens/crypts of sort. Rot/Rust and be forgotten.

    A very cynical and dark view is that the New things/people need that oblivion in order to feel great, for not haveing to compare with old great-er ones. Rewriting history as it seems fit the current powers-that-be, is easier this way.

    Or may be it's just collective stupidity? or societal immaturity ?

    (i am coming from completely different killed project on a different continent, but the idea is the same)

    • SapporoChris 3 hours ago
      I am fairly certain there is more knowledge/content available to anyone in this century than last century or any century before it. But perhaps I have misread your comment.
    • kyleee 4 hours ago
      I think you are on to something, people frequently don’t want to grapple with and understand what has been done before, they prefer to just wing it and move forward on their own.
  • thayne 5 hours ago
    IMO if a work is out of print (or equivalent depending on the medium) for more than a few years, it should be released into the public domain. Or maybe something like the public domain, but requires attribution.
    • kps 5 hours ago
      Like trademark: Use it or lose it.

      (The reality is that publishers would put lazy photocopies up for sale at ten zillion dollars a piece.)

    • eschneider 4 hours ago
      Have you dealt with publishers? If a work is out of print for a few years, much better to have rights revert to the creator.
      • WillAdams 1 hour ago
        Even that doesn't always work --- I was rebuffed by Joan Turville-Petre's son when I asked for a license to reprint his mother's notes on J.R.R. Tolkien's translation of _The Old English Exodus_ on the grounds that he would prefer to work with an academic, rather than an individual.

        Anyone know an academic specializing in Old English who would like to oversee this reprinting? I have a typeset PDF which only wants proofreading and updating of the index.

    • giraffe_lady 5 hours ago
      Then every book will be immediately out of print after its initial run, while the not-quite-a-cartel of publishers all decline to print it until it hits the point where they no longer have to pay the author.
      • Jtsummers 5 hours ago
        Then the publisher loses out on exclusive publishing rights and also loses money. It's in their interests to keep it in print so long as it's a profitable book, even if they have to pay some percentage to the author. Once it goes into public domain every publisher can reprint it and the original publisher has to compete with them on price.
        • jamiek88 3 hours ago
          > so long as it's a profitable book

          And here is the rub. You’ll end up with three or four super authors with the rest being ripped off.

          Much better for it to revert to the author in that situation IMO.

          • Jtsummers 3 hours ago
            I'm not arguing for it (or against it for that matter), I was just pointing out that the analysis in the comment I responded to didn't make sense. Every book won't be allowed to fall out of print and copyright just to exploit the authors because it would also hurt the publishers, they also benefit from exclusive publishing rights. Publishing rights are granted by the copyright holder (the author) to the publisher, much like patent licenses.

            Regarding unprofitable books, they'll fall out of print anyways because they're unprofitable. Those authors won't be getting ripped off because they won't be making money either way beyond initial commissions and what few sales they get.

            > Much better for it to revert to the author in that situation IMO.

            The publisher doesn't hold the copyright, the author does, so copyright (the particular right under discussion) can't revert to the author as it never left the author. What the publisher holds is publishing rights per a contract with the author. That could revert back to the author (or be voided or however it's structured), and that would be reasonable but we don't need any laws for it, that would fall under normal contract terms. Whether it's a common thing now or feasible for a particular author (with no clout? maybe not, with billions in sales from prior books? probably) is another matter.

        • giraffe_lady 4 hours ago
          ok
    • pfdietz 4 hours ago
      So, e-books are either immediately out of print, or never out of print?
      • pessimizer 2 hours ago
        Never out of print. If there's an e-copy available to buy, that's better than millions of other books.
      • tightbookkeeper 4 hours ago
        What if we applied the simple test that the book was originally published on paper and no other printings have occurred (digital or paper).
  • Animats 5 hours ago
    We need a Copyright Term Reduction Act.

    It's time. 50 years, renewal is possible but expensive.

    • mjevans 3 hours ago
      Just my opinion but as a starting point for the argument...

        * 20 years from date of first publish (renewable up to CAP? 50 years)
        * Must remain available every year
        * 10 year renewal blocks with massive registration fee increases
        * Compulsory maximum license fee cap (can offer for less) in the laws
      
      Note this is not TRADE MARK; trade marks are _consumer protection_ related to 'brand ownership'.
    • ASalazarMX 3 hours ago
      Even 50 is a lot, because it starts at the death of the author. Popular culture shouldn't remain locked out for generations. 50 maximum would be ideal, two generations from the one who experienced it in the original cultural context.
  • pvg 6 hours ago
  • submeta 4 hours ago
    With library genesis, who needs Google Books anymore? I buy books physically to support the author/s and download an epub version from said site to my kindle. The physical books I hardly read, they are for my shelf. Although I love the feeling of printed books, but I read in bed, and it‘s easier to hold an ebook. Also I read when I commute. It’s lighter to have my Kindle Oasis with me with tons of books on it.
    • kccqzy 6 minutes ago
      Someone needs to scan the book and upload it to library genesis. The article said Google had developed this massively efficient apparatus for scanning (or taking photographs of) books, and most of the article was about out-of-print books.

      I personally have actually tried to contribute to libgen a particular difficult-to-find-online book by buying it, scanning it, and uploading it. There need to be more people doing this.

    • ghaff 4 hours ago
      There’s the everything available online for free mindset. But, yes, I’ve basically donated all my books that were in the public domain. And, in general, have been massively purging my book collection of stuff I won’t realistically read again.
      • submeta 3 hours ago
        I do buy books, to support the authors. And I would encourage anyone to support the authors they like to read.
        • ASalazarMX 3 hours ago
          I agree, but also wouldn't lose sleep for pirating a book of an author that died more than 20 years ago, in most contexts.
  • senkora 5 hours ago
    I’m sure the lawyers will eventually figure out a way to train an LLM on them.
    • datadrivenangel 5 hours ago
      They probably already have! It seems like an amazing training dataset even if you can't share source data.
      • amelius 5 hours ago
        How do you train an LLM such that it is guaranteed to never regurgitate its training data?
        • ASalazarMX 3 hours ago
          You punish it if parts of the answer can be found in its training data, and reward it otherwise.
          • amelius 1 hour ago
            But the whole point of the training is that you reward it if it correctly reproduces the next token.
  • carlosjobim 3 hours ago
    For Kagi users, I recommend putting books.google.com as a pinned domain. This way, you'll many times be presented with some of the best sources for any search query. Then it's a matter of finding the ePub file of that book. To read on MacOS, FBReader is a high quality app.
    • emmelaich 5 minutes ago
      Thanks. Looks like it's available for Windows/Linux too. At last as of FBReader 2.1.2 30th September 2024.
  • 2OEH8eoCRo0 5 hours ago
    The tragedy is that Google is tasked with this at all. It would be cool if public libraries could work together on a massive public digital library. This shouldn't be Google's responsibility.
    • Jtsummers 5 hours ago
      Google wasn't tasked (by a third party) with this, they chose to do it.
      • ants_everywhere 4 hours ago
        arguably Google was invented to fund this project.

        The books project predates the search engine and the search engine grew out of the project of creating a universal digital library. The PageRank algorithm is one of a class of algorithms used to score citations in books and papers.

    • NoMoreNicksLeft 3 hours ago
      All humans everywhere have a responsibility to preserve culture and knowledge to the best of their ability. I think what you meant to say is that none of us can trust Google with this important task.
  • anoncow 5 hours ago
    Sad and criminal.
  • LisaDziuba 5 hours ago
    [dead]
  • pluc 6 hours ago
    [flagged]
  • andrewstuart 5 hours ago
    Google must be tempted to put them in an LLM.
    • bborud 5 hours ago
      It would surprise me greatly if they haven't already.
      • johnobrien1010 12 minutes ago
        Another reason that they should never have been allowed to ingest all the books in the first place. Without paying for the rights to use the digital form of the book, a use which is explicitly prohibited by the publisher, they digitized the books anyway. If they used it to train an LLM, and the LLM regurgitates near facsimiles of all the copyrighted works without compensation to the original rights holders, that seems like something that should be illegal.