Books: September 2008 Archive Page

In many ways, things have never been better for book readers. Amazon puts reviews at your fingertips, we have easy access to out-of-print titles through eBay and efficient inter-library loan services, and tons of out-of-copyright classics are only a click away. But as this NYMag article ("The End") spells it out, the publishing industry is reeling from the changes.

The demise of publishing has been predicted since the days of Gutenberg. But for most of the past century--through wars and depressions--the business of books has jogged along at a steady pace. It's one of the main (some would say only) advantages of working in a "mature" industry: no unsustainable highs, no devastating lows. A stoic calm, peppered with a bit of gallows humor, prevailed in the industry.

Survey New York's oldest culture industry this season, however, and you won't find many stoics. What you will find are prophets of doom, Cassandras in blazers and black dresses arguing at elegant lunches over What Is to Be Done. Even best-selling publishers and agents fresh from seven-figure deals worry about what's coming next. Two, five years from now--who knows? Life moves fast in the waning era of print; publishing doesn't.

The Commonwealth of Virginia announces plans for a free, open-source physics textbook.

The Virginia Physics "Flexbook" project is a collaborative effort of the Secretaries of Education and Technology and the Department of Education that seeks to elevate the quality of physics instruction across the Commonwealth. Participating educators will create and compile supplemental materials relating to 21st century physics in an open-source format that can be used to strengthen existing physics content. The Commonwealth is partnering with CK-12 (www.ck12.org) on this initiative as they will provide the free, open-source technology platform to facilitate the publication of the newly developed content as a "Flexbook" - defined simply as an adaptive, web-based set of instructional materials.

Groklaw has a good analysis of the recent Harry Potter Lexicon smackdown. Fair use good, too much verbatim copying bad.

The fact is, Rowling and her editor led the defendant on with praise of his website work, such that there was a suggestion by him that he might be the editor of the official encyclopedia, a suggestion that was turned down. Her prior praise of his fan site weighed against her. But she did tell him he had no role as her editor, and he went ahead with his own book anyway, with some marketing that the judge found misleading. So the question was, is it fair use? It certainly could have been, since a copyright owner can't control transformative derivative works totally, but where the defendant failed was in the how of it, how he went about it.

The impression I get from the Order is that if he'd been less of a fan and copied less and written more of his own words instead, it would have worked out better for him. The court, despite finding against fair use, found the defendant at the time had a reasonable belief that it was fair, and that shows me how close the call was, but in analyzing the four factors courts use for fair use determinations case by case, this judge decided it didn't pass ultimately.

But he managed to do so without, in my view, damaging the field for transformative fair use works. Let me show you what I mean. You'll see how carefully the judge annotates his ruling with prior case law, and if you wish to understand his decision, you really would have to read all the citations, because that is where the judge tells you why he decided each element.