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Project Gutenberg Blocks German Users After Outrageous Court Ruling (teleread.org) 265

Slashdot reader David Rothman writes: The oldest public domain publisher in the world, Project Gutenberg, has blocked German users after an outrageous legal ruling saying this American nonprofit must obey German copyright law... Imagine the technical issues for fragile, cash-strapped public domain organizations -- worrying not only about updated databases covering all the world's countries, but also applying the results to distribution. TeleRead carries two views on the German case involving a Holtzbrinck subsidiary...

Significantly, older books provide just a tiny fraction of the revenue of megaconglomerates like Holtzbrinck but are essential to students of literature and indeed to students in general. What's more, as illustrated by the Sonny Bono Copyright Term Extension Act in the U.S., copyright law in most countries tends to reflect the wishes and power of lobbyists more than it does the commonweal. Ideally the travails of Project Gutenberg will encourage tech companies, students, teachers, librarians and others to step up their efforts against oppressive copyright laws. While writers and publishers deserve fair compensation, let's focus more on the needs of living creators and less on the estates of authors dead for many decades. The three authors involved in the German case are Heinrich Mann (died in 1950), Thomas Mann (1955) and Alfred Döblin (1957).

One solution in the U.S. and elsewhere for modern creators would be national library endowments... Meanwhile, it would be very fitting for Google and other deep-pocketed corporations with an interest in a global Internet and more balanced copyright to help Gutenberg finance its battle. Law schools, other academics, educators and librarians should also offer assistance.

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Project Gutenberg Blocks German Users After Outrageous Court Ruling

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  • Germany.... (Score:5, Funny)

    by Anonymous Coward on Saturday March 10, 2018 @11:38AM (#56239127)

    What a bunch of Copyright Naz......

    • by Anonymous Coward on Saturday March 10, 2018 @04:10PM (#56240195)

      Urheberrecht is not the same as copyright, no matter how much the Content Mafia would love it to be!

      Urheberrecht is an AUTHOR's privilege, while copyright is a DISTRIBUTOR's privilege (at the expense of the actual author, mostly deliberately so).
      Urheberrecht is NOT transferable, copyright IS transferable (and mostly is).
      Urheberrecht is IMPLICIT, copyright is EXPLICIT. Meaning, you don’t have to add a stupid (c) everywhere. The only thing that matters is the treshold of originality ("Schöpfungshöhe").

      This makes Urheberrecht a vastly different law.
      Give it the short time frames of when it was new, and privileging people to enforce a monopoly to some record of information suddenly seems a lot more sensible, no? (Apart from the fact, that causality makes it impossible to enforce, its infinite no-cost abundance makes it worthless, and the fuckin' cokeheads should just do a proper service business contract in advance, like literally every other business since the dawn of the economy, instead of making up imaginary delusions of “owning” or "stealing" patterns/information/data, of course.)

      Also, there was a time, when Germany had no such laws AT ALL, while the UK already had copyright. And as a result, the UK suffered what is now called an information dark age, while Germany got the name "the land of poets and thinkers" as a result. ... settles it, doesn't it?

    • by Optic7 ( 688717 )

      naz...guls?

  • by jonsmirl ( 114798 ) on Saturday March 10, 2018 @11:48AM (#56239187) Homepage

    First 20 years free. Then an escalating payment is required for each 20 year renewal afterward. Simply requiring a payment will solve the orphan works problem. This solution also lets Disney keep Mickey under copyright forever if they keep paying the escalating renewal fees. This is a simple solution to keeping commercially profitable works under copyright and letting everything else revert to the public domain.

    • by jonsmirl ( 114798 ) on Saturday March 10, 2018 @11:55AM (#56239233) Homepage

      Also note that the payment database creates an authoritative record of what is protected and what isn't.

      This 150 years automatically for free is ridiculous. Copyright works turn into culture after a while. We can't have our entire culture being owned. Consider that photos and recordings of WWII will be under copyright until after most of us are dead.

    • First 20 years free. Then an escalating payment is required for each 20 year renewal afterward. Simply requiring a payment will solve the orphan works problem. This solution also lets Disney keep Mickey under copyright forever if they keep paying the escalating renewal fees. This is a simple solution to keeping commercially profitable works under copyright and letting everything else revert to the public domain.

      I have argued a variation on this here before, although 20 years will simply never work in the USA. My proposal is that we support the Bono Act, as bad as it is, and then make copyrights renewable for 10 year increments for massively increasing fees. Anybody who won't pay the fee sees their stuff go into public domain. You could start at $100,000 for the first renewal and then multiply each subsequent renewal by 10. The renewal after $100,000 is $1 million, then $10 million and so on. If somebody is ac

      • I would prefer to see a short 20 years period which would quickly separate out public domain stuff that people don't care about. That's the whole orphan work problem -- after a work is 50 years old it becomes almost impossible to track down the copyright holders and ask for permission.

        Then maybe move to 10 year renewals at something along the lines of $1000, $5000, $10000, $15000, etc. Note that Disney probably has 100,000 works they want to keep protected. They are going to have to pay a renewal fee on ea

        • by fafalone ( 633739 ) on Saturday March 10, 2018 @01:39PM (#56239709)
          Uh, yes we absolutely should make it impossible for Disney to retain perpetual copyrights no matter how much they're willing to pay. And the original 14 years is more than generous enough now that distribution is orders of magnitude faster than when that was enacted; so much so there shouldn't even be a renewal. Copyright is supposed to be a bargain to promote the arts, you've clearly fallen into the modern interpretation of it being a means for corporations to print money. There's no benefit to anyone except Disney for keeping Mickey locked up for centuries-- it's ludicrous to suggest limiting copyright to a term that covers 99% of total revenue for 99% of all works would discourage continued development.
          • Even IF "Steamboat Willie" became public domain tomorrow, all that would REALLY mean is that you could scan & digitize the original & put it on Youtube without risking Disney's wrath. Attempting to create NEW works involving Mickey Mouse based upon Steamboat Willie would be nearly impossible... 99% of what we think of as canonical "Mickey Mouse" came LONG after Steamboat Willie, and the majority of it will be protected by trademark law as long as Disney's army of lawyers keep up with their paperwork

      • Even Disney wouldn't pay $1 billion to renew Steamboat Willie - their shareholders would riot.
        As long as they make more than $1B in revenues, of course they will pay.
        And particular will throw law suits against infringers.

      • by epine ( 68316 )

        Even Disney wouldn't pay $1 billion to renew Steamboat Willie - their shareholders would riot.

        But it's not just the Disney shareholders behind this.

        America considers Finance, Hollywood, and Silicon Valley as three of their rock stars in a balance of trade war that isn't going any better lately than that little skirmish in Afghanistan.

        Nationalistic American elites would sooner cut off a hand than hobble any of these industries.

        Perhaps Big Pharma belongs on this list, too, but I don't track the ups and downs

    • by Wycliffe ( 116160 ) on Saturday March 10, 2018 @12:49PM (#56239493) Homepage

      First 20 years free. Then an escalating payment is required for each 20 year renewal afterward. Simply requiring a payment will solve the orphan works problem. This solution also lets Disney keep Mickey under copyright forever if they keep paying the escalating renewal fees. This is a simple solution to keeping commercially profitable works under copyright and letting everything else revert to the public domain.

      Although this is better than the current system, I don't see why we need to allow extensions at all. Patents don't allow extensions. 20 years seems to be plenty of time for a creator to be fairly compensated for their work. Most people who do work for hire only get compensated when they actually do the work. Residual income is great but it makes no sense to have indefinite residual income for something you created 2 decades ago.

      • 20 years seems to be plenty of time for a creator to be fairly compensated for their work.
        No, usually it is not.

        Most musicians don't even make a single buck in that period. Or look at eBook authors. Why the funk would you restrict an ebook author to 20 years of selling his book? Or in other words allow his competitors to sell it, too?

        I would add a kind of blockchain to digital goods. If the good gets transferred all in the blockchain get a fraction of the "profit".

        • Musicians who don't make money off their music within 20 years have that problem because they partner with major labels that spend all the album revenue for them, [techdirt.com] or they simply don't get paid in the first place [techdirt.com] while their money goes back into labels' pockets. [businessinsider.com]

          Why would I restrict an eBook author to 20 years of selling? Well, I wouldn't. I'd restrict them to 20 years of copyright monopoly. They can still sell to anyone who will buy after the eBook is in the public domain, they just can't stop others from
          • by angel'o'sphere ( 80593 ) <angelo.schneider @ o o m e n t o r .de> on Saturday March 10, 2018 @02:44PM (#56239983) Journal

            they just can't stop others from using the content as they please.
            And exactly this is wrong in my opinion.

            Why feed a disney with free material to exploit to make movies? Sorry, if they want to use a book, and make a movie from it, they should pay.

            If you can't make money off of an artistic work within 20 years, there's a strong chance that your work simply sucks or you suck at marketing it.
            Of course. But what has sucking me in marketing to do with your idea that you can exploit my work for free?

            you'll be further compelled to make something that's newer and better instead of trying to sell your sucky eBook for your entire life.
            Are you really such an idiot?

            How exactly does one make a living, by working 40h the week, to pay his rent and feed the kids, and spend another 20h to write his eBook? And then you come and say: hey if he can not market it, it must suck? And now as he spent so much time for a work that sells bad at the moment he should write a new work?

            https://de.wikipedia.org/wiki/... [wikipedia.org]

            The united states should just switch to the german/european model. And then you for funk sake ask the original author or his heirs for permission and let them participate on the profits you make. I'm funk tired about this free rider attitude when it comes to copyrights in the US. You can not feed your poor, because you don't want higher taxes ... or what ever. But then again you want everything for free someone else made. Just because of "copyrights are to long" ????

            Tolkien made nearly no money at all during his life time. Sure, his works sucked in some way, but now they are world literature. And the movies brought in billions.
            Do you really think it is fair to not have the family participate in the revenue LOTR made?

            I don't.

            • > How exactly does one make a living, by working 40h the week, to pay his rent and feed the kids, and spend another 20h to write his eBook?

              The same way as someone working 40h/week, to pay his rent and feed the kids, and spend another 20h learning to become a dentist ?

            • Do you really think it is fair to not have the family participate in the revenue LOTR made?

              Yes, I really think it is fair that the family not receive money for what granddad did. They should make their own way in the world, not ride on the fruits of his labor. It's fine to give your descendants a leg up in the world, but not to support them for generations. Yes, I'm also in favor of steep estate taxes.

            • Of course. But what has sucking me in marketing to do with your idea that you can exploit my work for free?

              The deal is this: for "20 years" (or whatever) you are granted a monopoly on the reproduction of your works. The government will spend time, money, and effort, to the extent of imprisoning or even killing violators of your monopoly, during that term.

              The exchange for that protection is that after the term is up, anybody can use it. According to popular legal theories[2] 'the government' is really jus

      • by kackle ( 910159 )

        20 years seems to be plenty of time for a creator to be fairly compensated for their work.

        Ask Poe how that worked out.

    • No, we need to use the same thing as for patents. 10 years, then a single optional 10-year extension if filed for. There is no reason or excuse for copyright ever being longer than that. Copyright is supposed to encourage creation of works which doesn't happen if you can milk your existing works for decades or (as is the case for many works as it stands today) well over a century.

      A rich public domain is a critical component of society. Don't believe me? Most of Disney's most popular works are ripped off
  • by Anonymous Coward on Saturday March 10, 2018 @11:48AM (#56239193)

    America is the driving force behind copyright extensions and indeed copyright itself all over the world. This is just one of very few situations where works are locked away longer in a foreign country than in the USA.

    • by SEE ( 7681 )

      You lying sack of shit.

      The Berne Convention established life-plus-50 in (among other countries) Belgium, France, Germany, Italy, Spain, and the United Kingdom in 1887. The US didn't match that term until the Copyright Act of 1976, just short of ninety years later.

      Then? The EU (including, of course, Belgium, France, Germany, Italy, Spain, and the United Kingdom) extended copyright to life+70 in 1993, and the US didn't match that until 1998, five years later. The EU extension, incidentally, didn't merely e

  • by Anubis350 ( 772791 ) on Saturday March 10, 2018 @11:50AM (#56239201)
    The outrageous part isn't really the ruling... that's about access, and while it's problematic, the root outrage here should be the ridiculous length of copyright in the western world in general, companies still profiting or restricting access and it's decades after the author has passed
  • by Anonymous Coward on Saturday March 10, 2018 @11:50AM (#56239203)

    American courts were first to apply american rules to the whole world for their own benefit. Now when the role are reversed an american website tell us it's now all bad. I say at this point this is only justice an American organisation feel a bit of heat. Also, them thinking they are somehow essential to the whole world is typical american hubris.

    • Re: (Score:3, Informative)

      by Solandri ( 704621 )
      No they haven't. That case has just reached the U.S. Supreme Court [slashdot.org], with previous lower courts ruling against the U.S. government [slashdot.org] trying to apply U.S. law overseas. In fact, that was the whole point of putting POWs from the Afghanistan war in a prison in Guantanamo Bay. The U.S. base there is actually in Cuba, on lease since the Spanish-American War. The Bush administration knew if they brought these POWs into the U.S., they'd automatically get U.S. Constitutional rights - numerous Supreme Court rulings
      • by jeti ( 105266 )
        The US got New Zealand to arrest Kim Dotkom and freeze his assets even though Megaupload was registered in Hong Kong. AFAIK he is still fighting extradition to the US.
  • Tell to Kim Dotcom (Score:3, Insightful)

    by Anonymous Coward on Saturday March 10, 2018 @11:52AM (#56239209)

    *Shrug*

    Tell that to Kim Dotcom, a German born New Zealand citizen and resident, about the US copyright.

    • *Shrug*

      Tell that to Kim Dotcom, a German born New Zealand citizen and resident, about the US copyright.

      Anger the Oligarchs of The Hegemony and you will pay the price.

      Strat

  • Perhaps (Score:5, Insightful)

    by nospam007 ( 722110 ) * on Saturday March 10, 2018 @12:05PM (#56239269)

    "While writers and publishers deserve fair compensation, "

    But not their great grand-children.

    • Re:Perhaps (Score:5, Insightful)

      by Wycliffe ( 116160 ) on Saturday March 10, 2018 @12:45PM (#56239463) Homepage

      "While writers and publishers deserve fair compensation, "

      But not their great grand-children.

      Exactly. And furthermore why should certain activities have longer protections that others? If I do a work for hire whether it is building a deck or writing an app, I get paid and that's it. If I create a new product, I get patent protection for 20 years and that's it. Why is copyright protection so much longer than other activities? If you publish a book or movie then you should be able to sell it for 20 years and then it should immediately go to the public domain and people should be allowed to make derivatives, stream it, etc... free of charge. 20 years exclusive rights for something you create is plenty fair and is much longer than most other forms of work.

      • If I do a work for hire whether it is building a deck or writing an app, I get paid and that's it.

        If you do a work for hire, there's one person who's paying you. If you are an author, there isn't one person who just pays for everything -- you actually need to sell the book again and again to make back the time you spent on it.

        If I create a new product, I get patent protection for 20 years and that's it.

        There's a huge difference between copyright and patent.

        Patent law was designed to prevent factory machinery designs being kept secret. Factory owners were inventing better and better machines, but keeping them secret so that they would retain competitive advantage. Some designs d

      • "While writers and publishers deserve fair compensation, " But not their great grand-children.

        Exactly.

        Pray tell, what to do about the impending impending human/computer convergence - The Singularity [singularity.com], when you don't die, you're still around and you kinda ARE your own great grandchild?

        Plant your brain in a new body? Clone yourself with DNA? How old fashioned, move on up to The [recode.net] Cloud [xkcd.com] and use CloneZilla, snapshots, or just start yourself up (!!) another Docker Personality Instance. Gives a who new meaning to schizophrenia [nih.gov] or to Dissociative identity disorder [psychologytoday.com].

        At that point money will stop being the in-g

  • by ET3D ( 1169851 ) on Saturday March 10, 2018 @12:11PM (#56239295)

    I agree that copyright terms are a problem, but as long as they're the law, I don't see the problem with forcing websites to conform to the standard, assuming that all they're being asked for is blocking by IP.

    Project Gutenberg claimed that the German language works are for consumption of German readers in the US, so blocking German users seems to be in line with that.

    • As I mostly download english versions, I don't care.

      Project Gutenberg claimed that the German language works are for consumption of German readers in the US,
      Then the next law suit will be in the US. US has signed the Bern Convention, hence the European copyright rules hold for european works, even in the USA.

      Sucks that so many people here talk trash who never even bothered to learnt the basics about copyright how greatly it differs in other countries from the stupid american idea of "work for hire".

      • As I mostly download english versions

        I don't see how the language affects how easy they are to colour in.

      • Re:Seems reasonable (Score:4, Interesting)

        by cpt kangarooski ( 3773 ) on Sunday March 11, 2018 @03:26AM (#56241763) Homepage

        US has signed the Bern Convention, hence the European copyright rules hold for european works, even in the USA.

        No. We signed it but don't take it seriously. The Berne (there's an extra 'e') Convention has no independent legal effect here. Copyright is fundamentally national law; each nation might be obligated under the treaty to pass particular laws, but they're meant to do it themselves.

        In the US we even have a law that says that Berne is not a law that people can enforce. It's 17 USC 104(c), if you're curious.

        We also don't comply with it. Our "moral rights" statute at 17 USC 106A is mere lip service and our infamous exceptions to copyright at 17 USC 110(5) (allowing for public performance of certain works without a license) not only violates it, but there was a lawsuit against the US at the WTO, we lost, and we still haven't done a damn thing about it because we don't care.

        Sucks that so many people here talk trash who never even bothered to learnt the basics about copyright how greatly it differs in other countries from the stupid american idea of "work for hire".

        I'm a lawyer, practiced copyright law for years, not only did I study it in regular law school, but also got a master's degree in it. I'm reasonably familiar with how it differs. I also know that the US has the best fundamental principles of copyright law, even if our implementation is lacking, and that the entire European copyright model is crap. Knowing more than the basics helps me talk a higher level of trash.

  • Huh, interesting... (Score:5, Informative)

    by XSportSeeker ( 4641865 ) on Saturday March 10, 2018 @12:36PM (#56239401)

    Gutenberg was german, he invented the printed press process with movable type, which effectively took literacy as a skill away from nobles and the church and started a revolution of book access to the masses. He died largely unknown and with merrits unrecognized.

    • Well, more interesting is the synergy between Martin Lutter who translated the Bible into german.
      The books Lutter distributed were mainly printed by Gutenberg.

  • What's more, as illustrated by the Sonny Bono Copyright Term Extension Act in the U.S., copyright law in most countries tends to reflect the wishes and power of lobbyists more than it does the commonweal.
    In Europe there never was an idea to balance "commonweal" (I guess that should be commonwealth?) versus author rights.
    Bottom line we have no copyrights but moral rights.
    That means the "copyright" more precisely "moralright" or "authors right" sticks with the original creator. And he hands out licenses to pu

  • Meanwhile, it would be very fitting for Google and other deep-pocketed corporations with an interest in a global Internet and more balanced copyright to help Gutenberg finance its battle.

    Google has lost all interest in the original mission to which it once referred of making knowledge available to the world (along with its watch-phrase "Don't be evil").

    The near-death of the Google Books project is the poster child for this. Google actually won the lawsuit that the Authors Guild had waged against it for putting books, with limited search of snippets, on Google Books, and Google has a millions of out of copyright, out of print books - virtually inaccessible to the world - that it has already

    • Google is notorious for its lack of an attention sp- LOOK A SQUIRREL!

    • Google never had plans to do that. From the outset, Google always said it was just scanning the books to make them searchable, not downloadable (save for works in the public domain).

      Making orphan works available was the Authors Guild's idea, but it was shot down by the judge because the AG didn't have sufficient authority to make that kind of deal.

  • I'm sure they'll will try and find a final solution to this problem!!! They always do.

    • I think that's what they are doing when they make their site inaccessible to people with German IP addresses. They're leaving the Germans alone. Those Germans who employ the use of a VPN to reach Project Gutenberg have found solution to their problem. It may not be a final solution, but perhaps you could think of it as cofinal.
  • Why can't they just give Germany the middle finger? What are they going to do about it? Send gun boats?

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