Authors tell Google to suck it
February 23, 2010 by Steven W. Beattie · Leave a Comment
In what amounts to a strong rebuke to Internet behemoth Google’s proposed plan to digitize the world, the Guardian is today reporting that court documents show some 6,500 authors, from Thomas Pynchon to Philip Pullman, have opted out of the controversial Google Book Search settlement. The deal is an amended version of a similar agreement reached in October 2008. That version of the settlement was widely contested by international bodies, and prompted an investigation by the U.S. Department of Justice as to whether it violated American antitrust laws. The new agreement, which was meant to address the most contentious issues, was to be ruled on in a fairness hearing last Thursday. However, U.S. District Judge Denny Chin declined to make a ruling, saying that there was “just too much to digest.”
In court papers submitted last week, Google Inc., which is based in Mountain View, Calif., defended its deal with authors by saying its digital library lives up to the purpose of copyright law, which is to create and distribute expressive works.
“No one seriously disputes that approval of the settlement will open the virtual doors to the greatest library in history, without costing authors a dime they now receive or are likely to receive if the settlement is not approved,” Google said.
The Department of Justice said Google and the plaintiffs have made substantial improvements to the original settlement, but it said “substantial issues remain.”
One of those “substantial issues” appears to be the fate of so-called “orphan works,” that is, out-of-copyright works for which no rightsholder can be found. American Libraries quotes Judge Chin as specifying orphan works as one of the key issues in the settlement: “’I would surmise that Google wants the orphan books and this is what it is about – orphan books that will remain unclaimed,’ Judge Chin conjectured.”
Regardless, the number of authors who have decided to opt out of the agreement whether or not it gets judicial approval is going to be a tough hurdle for Google to surmount. One of the authors who opted out, Ursula K. Le Guin, famously resigned from the Authors Guild because of their support for the deal. In an open letter to the Guild last December, Le Guin wrote:
I am not going to rehearse any arguments pro and anti the “Google settlement.” You decided to deal with the devil, as it were, and have presented your arguments for doing so. I wish I could accept them. I can’t. There are principles involved, above all the whole concept of copyright; and these you have seen fit to abandon to a corporation, on their terms, without a struggle.
In addition to copyright and antitrust concerns, critics have also suggested that the deal raises serious privacy issues.
While confessing aggravation over the way this entire procedure is dragging itself out, yr. humble correspondent must express sympathy with the authors and others concerned about the implications of the settlement for copyright, and nervousness about the prospect of vesting so much in one set of corporate hands. Google’s proselytizers claim that the Borgesian digital library the company is proposing, which would feature ready access to everything ever written (as someone who was once in charge of a publisher’s slush pile, I can only shudder with horror at that prospect), would be an unqualified boon to humanity. My own view is that in addition to taking significant control out of the hands of content creators, the settlement also represents a dangerous step along the road to media and corporate consolidation. Call me crazy, but I don’t particularly want one single gatekeeper in charge of allowing access to the world’s accumulated knowledge. Particularly if that gatekeeper is a publicly traded company.
The curse of our time
February 22, 2010 by Steven W. Beattie · 2 Comments
Jonathan Jones, writing on the Guardian‘s art blog:
Real criticism is not about distinguishing good from bad; it is about distinguishing good from great. There’s plenty of terrible art around, but it usually finds its level in the end. The curse of our time, in the arts, is mediocrity and ordinariness: the quite good film that gets an Oscar, the OK artist who becomes a megastar. Truly remarkable art is rare and to see it when it comes, to fight for it, to hold it up as an example for the rest – that is the critic’s true task.
Couldn’t have said it better.
The new mixologists
February 17, 2010 by Steven W. Beattie · 13 Comments
You may not have heard of Helene Hegemann, but the 17-year-old German writer is at the centre of a brewing storm around the subjects of copyright and the nature of authorship in the Internet age. Hegemann is the author of a book titled Axolotl Roadkill, which has become a bestseller in her native country and was recently nominated for the fiction prize at the Leipzig Book Fair. What makes this book noteworthy is that it apparently contains passages – including one that allegedly runs an entire page – that have been lifted from the work of another writer, a blogger who goes by the online nom de plume Airen.
Hegemann, a child of the Internet age, does not consider what she has done plagiarism; she prefers to call it “mixing.” An article in The New York Times quotes the German teenager as saying that “Berlin is here to mix with everything.” Which sounds very DIY and cutting-edge, until you realize that Hegemann lifted that line from Arien’s blog. Hegemann claims to represent a new generation with new ideas about proprietorship vis à vis intellectual property. Essentially, for Hegemann (and, by extension everyone in her demographic cohort), in the Internet age, everything is up for grabs. “There’s no such thing as originality anyway,” Hegemann says, “only authenticity.” (How one can claim “authenticity” if one’s work is largely the creation of another is a mystery to me, but we’ll let that go for the moment.)
The current farrago puts yr. humble correspondent in mind of two other famous cases of “borrowing” material. In the first, Harvard sophomore Kaavya Viswanathan was roundly excoriated when it became apparent that her 2006 novel How Opal Mehta Got Kissed, Got Wild, and Got a Life contained passages that were lifted verbatim from two novels by Meg McCafferty. The second case, however, turned out rather differently. In that case, not only was the “borrower” not vilified, he went on to win the 2002 Booker Prize. When some perceptive readers noticed that Yann Martel’s novel The Life of Pi bore a suspicious similarity to a lesser-known 1981 novel called Max and the Cats, by Brazilian author Moacyr Scilar, Martel freely acknowledged the debt. At the time, Mobylives quoted Martel:
“This is how it happened,” he writes in an e–mail interview with Orin Judd at BrothersJudd.com. “Ten years ago. Review in New York Times Book Review by John Updike of a Brazilian novel by one Moacyr Scliar … Not a good review. Did nothing to Updike. But premise sizzled in my mind. I thought ‘Man, I could do something with that.’”
Martel went so far as to say that Scilar provided the “spark of life” for Pi, and told the Associated Press, “I don’t feel I’ve done something dishonest.”
That being the case, one might imagine that Martel would have a certain sympathy for Hegemann. But if Axolotl Roadkill represents the thin edge of the wedge, what can we expect the future of books to look like in a world where everything from current releases to classics in the public domain is available for remix, refashioning, and reuse? We’ve already seen a glut of Jane Austen-inspired “mash-ups,” thanks to last year’s unlikely Quirk Classics bestseller Pride and Prejudice and Zombies; can we now expect that similar revisions (or, more properly, “re-visionings”) of canonical works will be forced upon us by writers with a clever idea and access to cut-and-paste computer software? For modern works, will copyright have any practical value at all?
In an interview with Hugh Maguire for Open Book: Toronto, Sean Cranbury envisions a “ridiculously dystopic” future in which source texts become collages at the hands of Internet users employing the digital equivalent of scissors and a glue stick:
People are going take text that they like or want to use for a specific purpose from wherever they can find it, and they are going to manipulate it to whatever ends they desire. Then they’re going to slap it into some kind of digital container and probably cross-pollinate the work with video, stills, music, scans of random junk found lying around and then they are going to share it. That content will then be reconstituted by others who have picked it up somewhere in the digital aether.
In this new world, Cranbury posits, “Digital content will have a universal currency rate of 0. It will simply be given away, shared, remixed and reconstituted, and the only way to determine anything like our common sense of ‘worth’ will be by its buoyancy and popularity on the P2P networks.”
In his book The Cult of the Amateur: How Today’s Internet Is Killing Our Culture, Andrew Keen quotes cyberpunk author William Gibson as saying that the words “appropriation” and “borrowing” are in fact outmoded terms that don’t mean anything to the participatory culture of the Internet. “The record,” Gibson says, “not the remix, is the anomaly today. The remix is the very nature of the digital.” To which it is tempting to point out that without the record, there is nothing to remix in the first place (hence the term remix …), but again, we’ll let that one go for now.
Keen goes on to write:
A survey published in Education Week found that 54 percent of students admitted to plagiarizing from the Internet. And who is to know if the other 46 percent are telling the truth? Copyright and authorship begin to lose all meaning to those posting their mash-ups and remixings on the Web. They are, as Professor Sally Brown at Leeds Metropolitan University notes, “Postmodern, eclectic, Google-generationists, Wikipediasts, who don’t necessarily recognize the concepts of authorships/ownerships.”
Given Hegemann’s comment that there is no such thing as originality, it may be that the word “necessarily” in Professor Brown’s assessment is de trop. What makes me nervous, however, is not that the generation coming of age with the Internet has no conception of the importance of authorship. What makes me nervous is that they do recognize this – they just don’t care.
Ladies and gentlemen: Your nominees for the 2010 Charles Taylor Prize for Literary Non-fiction: UPDATED
February 8, 2010 by Steven W. Beattie · Leave a Comment
My last-minute prediction: the winner will be a middle-aged white dude.
UPDATE: I was right. It’s the white dude on the far left.
(Photo by Laura Godfrey.)
“I wouldn’t recommend sex, drugs, or insanity for everyone, but they’ve always worked for me”
February 5, 2010 by Steven W. Beattie · 3 Comments
Courtesy of Life: a picture gallery of famous literary drunks and drug addicts. How come it doesn’t surprise me that Ayn Rand was a speed freak?
P.S. Three guesses who was responsible for the quote in this post’s title. (And, no: it wasn’t me.)
The problem of sustained reading in a distracted society
February 3, 2010 by Steven W. Beattie · 3 Comments
This past weekend, yr. humble correspondent finished reading Under the Dome by Stephen King. The endeavour took approximately 30 days to complete. While a novel of 1,072 pages is by no means a minor undertaking, 30 days to read a single book seems – to an inveterate reader such as myself – excessive. True, I completed two other, shorter books for review in the interim, but for the most part, my reading time in the month of January was devoted to a single book.
One reason for this is that I read the book in snippets – short gulps here and there whenever I could fit them in – rather than setting aside blocks of time to read, say, 100 pages or so. True, I have a day job that cuts into my reading time, and it’s clearly important to maintain a life outside the confines of a book’s covers, lest one become a kind of anti-social hermit. Still, it’s not as though my life is so back-breakingly full that I couldn’t find a quiet hour or two for sustained reading each day. Indeed, if I were to add up all the time spent staring at various screens in the month of January, the total would probably have been sufficient to allow me to finish a book of 1,000+ pages in 10 days or so.
It wasn’t always this way. I remember a time, not so long ago, when blocks of several hours per day could easily be found to read for pleasure. What has changed? In a word: distraction. The Internet, social media, reality television, and 24-hour-a-day celebrity culture have increased easy access to all manner of distraction, and distraction is anathema to sustained reading. Reading requires concentration and active engagement, qualities that are in short supply in today’s hyperlinked, attention-deficit society.
Alan Bissett, writing on the Guardian‘s Books Blog (yes, I recognize the irony), makes the same point, and extends it to include a value judgment:
So besieged are we by the entertainment industry that we are being stimulated only in certain directions. The sound of fizz is everywhere. Sustained concentration on the printed word, whether in-depth argument or fictional narrative, creates a particular cerebral event which visual-dependent media cannot. The assault upon this has meant the very theft of our thinking space.
This argument has been made before, notably in a 2008 article by Nicholas Carr in The Atlantic called “Is Google Making Us Stupid?”. Carr points out that although we are engaging with the written word more than ever before, the way we are doing so is changing:
Thanks to the ubiquity of text on the Internet, not to mention the popularity of text-messaging on cell phones, we may well be reading more today than we did in the 1970s or 1980s, when television was our medium of choice. But it’s a different kind of reading, and behind it lies a different kind of thinking – perhaps even a new sense of the self. “We are not only what we read,” says Maryanne Wolf, a developmental psychologist at Tufts University and the author of Proust and the Squid: The Story and Science of the Reading Brain. “We are how we read.” Wolf worries that the style of reading promoted by the Net, a style that puts “efficiency” and “immediacy” above all else, may be weakening our capacity for the kind of deep reading that emerged when an earlier technology, the printing press, made long and complex works of prose commonplace. When we read online, she says, we tend to become “mere decoders of information.” Our ability to interpret text, to make the rich mental connections that form when we read deeply and without distraction, remains largely disengaged.
This is no small matter. Skimming an online news article for tidbits of information or the next interesting hyperlink on which to click does little to develop the kind of complex thinking skills that are necessary to engage in a sustained analysis or argument, nor does it allow for an acceptance of ambiguity or nuance.
Jakob Nielson, an influential figure in “web usability,” provides statistics to support this shift in the way people read online: “People rarely read Web pages word by word; instead, they scan the page, picking out individual words and sentences. In research on how people read websites we found that 79 percent of our test users always scanned any new page they came across; only 16 percent read word by word.” All of which might be fine in an online environment, but the same kind of reading habits have begun to bleed into our offline lives. Don’t believe me? Then you haven’t picked up the print edition of The Globe and Mail recently. If you had, you’d surely have noticed that the news articles are getting shorter, and are frequently displaced by verbal graphics, “charticles,” and bulleted lists. All perfect fodder for people who want their information provided to them quickly and cleanly, without requiring the reader to chew over intricate concepts or bedeviling subject matter.
Neil Postman was certainly ahead of his time when, in his 1985 work Amusing Ourselves to Death: Public Discourse in the Age of Show Business, he surveyed the media landscape and noticed the deleterious effect that television was having on our political culture. It was a brilliant time-waster, to be sure, but Postman also realized that the ubiquitous home entertainment device was destroying rational argument and civic awareness. In his foreword, he juxtaposes the visions of two authors, George Orwell in Nineteen Eighty-Four and Aldous Huxley in Brave New World:
What Orwell feared were those who would ban books. What Huxley feared was that there would be no reason to ban a book, for there would be no one who wanted to read one. Orwell feared those who would deprive us of information. Huxley feared those who would give us so much that we would be reduced to passivity and egoism. Orwell feared that the truth would be concealed from us. Huxley feared the truth would be drowned in a sea of irrelevance. Orwell feared we would become a captive culture. Huxley feared we would become a trivial culture, preoccupied with some equivalent of the feelies, the orgy porgy, and the centrifugal bumblepuppy. As Huxley remarked in Brave New World Revisited, the civil libertarians and rationalists who are ever on the alert to oppose tyranny “failed to take into account man’s almost infinite appetite for distractions.” In 1984, Huxley added, people are controlled by inflicting pain. In Brave New World, they are controlled by inflicting pleasure. In short, Orwell feared that what we hate will ruin us. Huxley feared that what we love will ruin us.
Huxley – who, while nailing our “almost infinite appetite for distractions,” could hardly have foreseen American Idol, Twitter, or Perez Hilton – was also far ahead of his time.
Now, if you’ll excuse me, I’m going to read a book.

