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Hotel Being Sued for Using the Dewey Decimal System 419

cbull writes "Did you know the Dewey Decimal System isn't in the public domain? The rights are owned by the Online Computer Library Center. They are suing the Library Hotel in New York for trademark infringement. In addition, according to the article, libraries pay at least $500/year to use the system."
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Hotel Being Sued for Using the Dewey Decimal System

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  • This could be good (Score:5, Insightful)

    by Ryosen ( 234440 ) on Sunday September 21, 2003 @11:40AM (#7017690)
    Just one more reason to do away with an antiquated filing system.
  • Out of business (Score:5, Insightful)

    by larien ( 5608 ) on Sunday September 21, 2003 @11:43AM (#7017719) Homepage Journal
    We're not interested in putting the hotel out of business.
    Er, so why are you suing for "triple the hotel's profits since its opening or triple the organization's damages, whichever is greater"? Yes, they're willing to settle, but to be honest, the first line should have been a lawyer's letter, not filing a complaint. I can only assume that the lawyers can charge more for filing a complaint so they advised them to file rather than discuss.
  • Connections (Score:5, Insightful)

    by mopslik ( 688435 ) on Sunday September 21, 2003 @11:44AM (#7017730)

    From the article:

    "A person who came to their Web site and looked at the way (the hotel) is promoted and marketed would think they were passing themselves off as connected with the owner of the Dewey Decimal Classification system."

    Don't you think that a person browsing the website might just think "Oh, they're a theme hotel"?

    On the other hand, if libraries have to license it, then I guess that's how it works.

  • by alex_ant ( 535895 ) on Sunday September 21, 2003 @11:50AM (#7017770) Homepage Journal
    Most libraries moved to the Library of Congress classification system in the mid '80s. Dewey is still around in libraries for books added before the switchover.
  • I don't get it... (Score:3, Insightful)

    by Hortensia Patel ( 101296 ) on Sunday September 21, 2003 @11:51AM (#7017776)
    What "rights" are they talking about here? That is, what sort of IP is being licensed?

    Patents would make a sort of sense, but Dewy Decimal dates back to 1873, so it can't be a patent. Copyright doesn't seem to apply since there isn't obviously a "work" being copied.

    What gives? Is it just a matter of the trademark?
  • by Wohali ( 57372 ) on Sunday September 21, 2003 @11:54AM (#7017797) Homepage
    My alma mater [yale.edu] uses the Library of Congress system [tlcdelivers.com] for numbering its books. Sure, it's not quite as simple for children to understand (a letter code, followed by numbers, then more letters), and is copyrighted, but as far as I know it's royalty-free to use.
  • Re:Trademarked? (Score:5, Insightful)

    by GnrcMan ( 53534 ) * on Sunday September 21, 2003 @11:57AM (#7017815) Homepage
    I think they trademarked the term "Dewey Decimal System". The objection isn't to the use of the system itself (even if it was patented, I doubt the patent would extend to hotel room clasification) it's that the website uses the term (or trademark) Dewey Decimal System all over it.
  • by Anonymous Coward on Sunday September 21, 2003 @12:09PM (#7017886)
    Both Dewey and Library of Congress are "divide and conquer" stratergies - that is, you split the search space into smaller and smaller chunks until you find what you're looking for.

    This is an acceptable solution when you're searching on paper or your search sapce isn't that large, but today we have computers and far more data.

    For example, "Algorithms in C" is a classic text a lot of people here probably own.

    But does it belong under "math", "computer science", or "computer languages -> C"? (Dewey seperates Computing out into a seperate category, rather than placing it under math).

    The answer, of course, is all three.

    The ideal system would be a free-text search of all the books in the catalogue. But until we can do that, keywords and searchable abstracts are more useful than categories. Just put the damn books on the shelf in order of author.
  • by TWX ( 665546 ) on Sunday September 21, 2003 @12:12PM (#7017910)
    I never liked LOC, but I was taught Dewey. I could walk into a Dewey library that was properly signed (by number range) and find anything that I wanted, without having to consult the catalog. When I got to college, I had to deal with the college having three libraries, with different segments being in different buildings (ie, science library, law library) without being labelled as such in the catalog, only to get up and over to the section in the main library where the segment would be in order, to find a sign saying that those books were in the other building.

    Needless to say, this implementation gave me a particular distain for LOC, and even if it is a better system, I don't think that I'll ever like it.
  • Re:Question (Score:1, Insightful)

    by Anonymous Coward on Sunday September 21, 2003 @12:15PM (#7017923)
    Ya but a lot of doctors and engineers of old didn't share, which is exactly why IP laws where created in the first place.

    If you are the only doctor who knows how to cure something why tell your competition?! Just wait a noble gets sick and rake in the cash!

    Or you know how to build the strongest lightest armor, are you gonna go publishing a howto our are you gong to keep it secret to yourself and your guild?

  • by D'Sphitz ( 699604 ) on Sunday September 21, 2003 @12:27PM (#7017990) Journal
    "Melvil Dewey created the most widely used library classification system in 1873" 130 years ago!? The fact that anyone 'owns' the rights to it is plain ridiculous.
  • by Blondie-Wan ( 559212 ) on Sunday September 21, 2003 @12:28PM (#7017993) Homepage
    I think the point is that anything invented 130 years ago by someone who died 72 years ago damn well ought to be in the public domain by now, and the fact that it's not is a shining example of why drastic overhaul of so much IP law is desperately needed.
  • by Beowabbit ( 306889 ) <js@a[ ]rg ['q.o' in gap]> on Sunday September 21, 2003 @12:45PM (#7018117) Homepage

    It's a trademark infringement case, not patent or copyright. Assuming that's the only issue, OCLC is not complaining that the hotel uses certain ranges of numbers to classify books (that would be patent infringement, but as the parent points out the patent would long since have expired), but that the hotel uses a trademarked term with Dewey in it in their advertising and promotion -- in effect, that they're making a profit off of OCLC's "brand". If I'm understanding this correctly, there would be no problem if the Library Hotel had used the same numbers with the same meanings, but had referred to it throughout as the Library Hotel Classification System or something like that. (They'd probably even have been fine if they'd said that it was "similar to the Dewey Decimal classification system. Dewey Decimal is a trademark of OCLC.")

    Yes, it still seems kind of silly, but it's not the gross abuse of IP law or the ridiculous state of affairs that lots of respondents are taking it for. It's more as if I opened the Soup Hotel, and named all the floors after trademarked Campbell's Soup brand names. I'd be fine if I named the floors "Chicken and Rice" and "Beef Stew", but if I named them "Campbell's Mega Noodle" and "Campbell's Chicken & Stars" and used promotional material that talked about all the soup flavours you grew up with, and service as good as the soup you love, and that sort of thing, then you can bet Campbell's Soup would come after me if I didn't have a licensing agreement with them, because I'm profiting off of their trademark.

    In fact, the fact that OCLC tried a couple of times to contact the hotel before pursuing legal action makes me think that they may mostly care about this because they don't want to lose the trademark (which can happen if you don't defend it and people start using it generically).

  • Re:Out of business (Score:5, Insightful)

    by Meowing ( 241289 ) on Sunday September 21, 2003 @12:47PM (#7018143) Homepage
    One more time: The hotel isn't just using the classification system, it stole the trademark "Dewey Decimal" to advertise a profit-making business that uses the system. If Microsoft decided to rename its Services for Unix [microsoft.com] product to Linux.NET without getting Mr. Torvald's permission, would that be okay?
  • by Zoop ( 59907 ) on Sunday September 21, 2003 @12:50PM (#7018169)
    The ideal system would be a free-text search of all the books in the catalogue.

    No, no, no, no.

    What is needed is that PLUS exactly what you hinted at: faceted classification.

    Books can be arranged on the shelves by author or FILO or whatever, but they should be, in the age of computers, indexed by multiple heirarchical facets.

    Keywords and free-text searches are far too unreliable, even in the age of Google. If you're doing serious research, you can't rely on the first Google hit, you need to try several different methods. In fact, Google's methodology, ranking by weighted hyperlink popularity, wouldn't apply to books.

    What you need are a combination of faceted classification (like the subject entries in the cataloging software most libraries use) and free-text as well as abstract searching. Quite frankly, humans and the software they write are too stupid to classify everything well enough to use one system or another exclusively.
  • Re:Out of business (Score:3, Insightful)

    by friedo ( 112163 ) * on Sunday September 21, 2003 @12:51PM (#7018172) Homepage
    Sigh. Nobody owns "the idea of classifying books by subject hierarchically."


    OCLC owns their specific system. If you want to create your own subject hierarchy, be my guest.

  • by wideBlueSkies ( 618979 ) on Sunday September 21, 2003 @12:54PM (#7018183) Journal
    >>+computer -tree -orchard +mouse .. c'mon, google isn't rocket science.

    Yes, from a user's point of view. But just think about the implementation that makes those easy searches possible.

    Pretty impressive eh? Not exactly rocket science, but pretty darned close.

    wbs.
  • by orthogonal ( 588627 ) on Sunday September 21, 2003 @01:16PM (#7018343) Journal
    I can find web pages about Apple MacIntosh and I can find pages about growing Apple MacIntoshes, but it's hard to separate the pages about computers from those about cookery.

    Have you tried adding the words "computer" or "fruit" to your query? ;-)

    But that's precisely my point: only the most pedantic writer is going to qualify which sort of apple he's talking about, because he'll expect his reader to pick it up from context.

    Consider: the author won't write:
    I compiled the program on my Apple McIntosh (a computer)
    and he won't write a recipe specifying:
    Recipe: 1/2 pound thinly sliced apples (the fruit)


    The reader is expected, in anything other than a children's book, to figure out that "compile" and "program" make the Apple unambiguosly a computer; likewise the heading "Recipe" and "thinly sliced" clue in the reader that we expect him to slice fruits, not silicon.

    But the universe of possible context clues is far too big to specify everytime I want to do a full-text search: "compile", and "program" indicate a computer, but so would "IRC", "firewall" and "slashdot", and the list goes on and on. Unless adding the word "computer" also implicity adds the thousands of context clues that tell the reader an Apple computer, not a red fruit, is being written about, a full-text search isn't as helpful as you might guess.
  • by Feztaa ( 633745 ) on Sunday September 21, 2003 @02:20PM (#7018822) Homepage
    Google's methodology, ranking by weighted hyperlink popularity, wouldn't apply to books.

    Actually, it could. But instead of hyperlinks, it would use references/bibliographies. So if my book takes a quote from your book, that would have the same effect as a hyperlink on a website.

    Then, the most-quoted books would get the highest search results. If everybody is talking about your book, it could just be the one you're looking for :)
  • by Com2Kid ( 142006 ) <com2kidSPAMLESS@gmail.com> on Sunday September 21, 2003 @03:41PM (#7019320) Homepage Journal
    • You're thinking too hard. The search system would simply refer the library patron to the physical location of the book, regardless of what search terms or categories it was found under.


    *Bangs head on wall*

    Been to a library lately?

    WHAT THE HELL DO YOU THINK THEY ARE DOING??

    Key is, they have to have SOME method for choosing which books go where on the shelf, so mine as well use a preexisting system that is already mapped out. Does it matter if the mappings are a little strange some times? No, because we have computers to sort it all out for us!
  • Re:Case summary (Score:3, Insightful)

    by Frobnicator ( 565869 ) on Sunday September 21, 2003 @07:27PM (#7020506) Journal
    The hotel uses something which very much resembles the original DDC classification, which is in public domain. As the site states
    Good so far...
    They use the basic classification which is probably the same as original one, created 130 years ago and is now in public domain. If they use it, they are completely within their rights to call it "Dewey Decimal System" because that's what it is.
    Nope. The company OCLC owns a bunch of tradmarks on the Dewey Decimal Classification System as well as other names and phrases. Trademarks can be renewed as long as they are in use, and the DDCS has been in use and trademarked the entire time. As an exmple, you can start a company that makes creme-filled sponge cake and creme-filled chocolate cakes wrapped in tin foil. But you can't call those products "Twinkies" and "Ding-Dongs", since those are trademarked. If you started calling them Twinkies and Ding-Dongs, you would need permission from the trademark owner, or they could (rightly) sue.

    In this case, the hotel is using a trademark of OCLC, and it is just as clear-cut as if you were to start selling Twinkies and Ding-Dongs.

    frob

  • Re:Case summary (Score:3, Insightful)

    by danila ( 69889 ) on Monday September 22, 2003 @02:35AM (#7022481) Homepage
    In this case, the hotel is using a trademark of OCLC, and it is just as clear-cut as if you were to start selling Twinkies and Ding-Dongs.

    Yes, it's completely clear-cut. The hotel is totally within their rights to call the system by its name. If they sell Smirnoff vodka in their bar, they can call it "Smirnoff". If they have CNN showing on a TV in the hall they can call it "CNN". If they have XBoxes in rooms, they can call them "XBoxes". And if they happen to use DDC for classification, they have the right to clearly say that. They do not claim their own hotel is DDC-hotel. They just say, in very plain language, that for every major category in DDC there is a floor in the hotel and for every secondary one there is a room. If the Library hotel [libraryhotel.com] used a different system and called it DDC, I could see the merit in this case, but they clearly use the correct DDC and so "Dewey Decimal System" the only correct way to call it.

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