Aquarionics

Thursday 23rd January 2003

Fair Use

SteveD:
Gary Nicholass

Google have archived pages that, for various reasons valid to myself and others, I have removed from websites. That is my decision, taken according to my morality, the opinions of others, or due to changing circumstances.
More to the point I own the domain names and all the content therein. What right have Google to cache and serve pages which I have deleted?

I accept that anything I say on a ng will be recorded, and act accordingly.
I absolutely do not agree with Google cacheing and providing from their db something that I have written and subsequently deleted, for whatever reason, from the sites that I maintain.

Can't see the issue.

I can.

My posts on usenet, and my entries and articles on Aquarionics.com come under an implied (but soon - in the case of the website - explicit) licence to be quoted or reproduced wholesale, provided both context and attribution are provided and no commercial worth is given to the post in particular. I retain copyright on the items, yet grant the world at large permission to quote and use my works, on those provisos. This is the implied statement you give whenever you post anything to usenet, (the stuff about "Commercial Worth" allows people to sell NNTP services without ownership getting in the way, without someone being able to collect all my posts - for example - and sell them as a book whilst gathering royalties. That I could get moderatly intense about) (Note: The contents of this post do not imply a legal statement, it wasn't designed as such and shouldn't be used as such. If you want a watertight legal document, ask a lawyer).

I don't really have a problem with Google caching all that, because people are free to quote it. I'd prefer them to read the original source, because it will have any corrections or removals I may have made, but I assume that if they are looking at Google's cache, this isn't possible.

On the other hand, I write short stories (and currently novel, but that's another point) which it would be nice to get published some day. A couple have already been so (Well, Fan/E-Zine published, which doesn't pay as well, but is still very nice), but one day it might be legally necessary for me to take them down from the site, and at that point I run into problems with the Google Cache, because it's now costing someone money, in that people who would buy the thing to read the stories are instead reading them on Google.

The two sides of this could be thought of as follows:,
Neal Stephenson (of Snow Crash, Zodiac and Cryptonomicon) wrote a novel called "The Big U" (I belive it was his first, but could be wrong) which hadn't been reprinted in years, and showed no signs of ever being so.

This being so, Neal didn't object too much when copies of this started appearing on the net. Then the sucess of Cryptonomicon (Which has a sequel 'Quicksilver' out this summer) brought The Big U back into print, so sites were asked to take it down.

On the other hand, Cory Doctorow published his first novel, 'Down and Out in the Magic Kingdom' simultaniously online (via his website, http://www.craphound.com/down/) and via Tor Books (Get it, by the way, it's very good). This he did because first authors don't tend to get a lot of publicity, and this way many people would hear of and read the book (and hopefully enjoy it) because:

  1. It's free from the website
  2. People might see discussions about this odd publishing method
  3. Quarter of a million people a month read his weblog at
  4. http://www.boingboing.net, and his the novel has been widly and positivly recieved. That's an awful lot of word of mouth.
SteveD:

You put information into the public domain [1].
On purpose. Someone made a copy of that information and will show it to people who ask. If you don't want the information to go public, don't put it in the public domain in the first place. Google is not the only webcrawler in the world, nor the only archiver. I'd suggest researching the actions of the Wayback Machine and thinking about how many other people do this kind of thing as a hobby.

Beware the terminology. "In the public domain" and "readable by the public" are differant things. You can see Mickey Mouse, watch his films, but try to use him unless you work for Disney and you'll find yourself in la-lawyer land.

SteveD:

If you merely don't want the reputable archivers to record your information, I suggest you look into the use of a file called ROBOTS.TXT.

Personally, I would like Google to have a seperate useragent string for the archiving as apposed to the crawling, so I can tell it to index the site for searching, but exclude certian bits from caching. When I get back online properly, I'll email them about this.

To sum up my entire post, I make this point: Just because it's on a website, doesn't mean it isn't copyrighted. If it's copyrighted, you should get permission before you use it.

Those who spoke on this:

gravatar image

Dorothea Salo:

2003-01-23 20:44 15 mins after the Original Article

Unless what you are doing is FAIR USE.

Fair use. Remember that? Oh, yeah, it’s that bit where you’re allowed to use copyrighted works in certain ways and/or for certain purposes WITHOUT BLOODY ASKING PERMISSION FIRST.

In fact, check the Chicago Manual of Style on this point and it will tell you (paraphrased) “Go for forgiveness, not permission.”

I apologize for the sarcasm, but cavalierly ignoring fair use REALLY FROSTS MY BRITCHES.

Comment Link Reply to Dorothea Salo

gravatar image

dearg:

2003-01-23 21:08 25 mins after Dorothea Salo

I’d not heard of fair use before. For those too lazy to search, you can quote stuff partially while commenting on it/reviewing/referring to it, as long as you don’t quote too much and infringe the owner’s copyright and do give correct attribution.

Still, asking permission beforehand doesn’t hurt. However, I’m inclined to agree – caching things and serving them second hand, yes with an attribution, does, I feel, infringe copyright. There should be a way of telling places like google and archive.org “don’t archive this page” (or possibly better – “archive this page”), for things that are going to be removed later.

(I think it’s funny that I had to /use/ google’s cache during my research to learn about fair use…)

Comment Link Reply to dearg

gravatar image

Aquarion:

2003-01-23 21:43 59 mins after Dorothea Salo

Okay, yes, fair use is an issue. Fair use isn’t the issue with the archive, though. Google isn’t caching a certian percentage of the data, it’s grabbing all the data it wants.
I admit I didn’t remember Fair Use while I was writing the article (Not, I point out, cavalierly ignoring it) though.

Comment Link Reply to Aquarion

gravatar image

Martin Wisse:

2003-01-24 16:27 20 hrs after the Original Article

Don’t put your novels/stories up before you’ve sold them!

As you should know, Bob, publishers like to have first publication rights for anything they buy from you; when you’ve published something on your website, these are no longer available…

So, please take care in what you put up.

Comment Link Reply to Martin Wisse

gravatar image

Marie:

2003-01-24 18:49 22 hrs after the Original Article

Hi. Nice dialogue. I’ve given this some thought too, but have yet to do anything about it. It occurs to me that if one’s entries, once archived, are placed in a separate sub-directory, an .htaccess file could be set up for just that sub-directory whereby Google’s caching IP would be denied access. Does that make sense?

Comment Link Reply to Marie

gravatar image

Aquarion:

2003-01-24 22:02 3 hrs after Marie

It does, but the problem is that the caching address is the same as the searching one, I can’t deny Google’s archiver access without denying Google access as well :-|

Comment Link Reply to Aquarion

gravatar image

Marie:

2003-01-25 02:58 5 hrs after Aquarion

I didn’t realize that, but I should have figured. Thank you.

Comment Link Reply to Marie


Nicholas 'Aquarion' Avenell is a web developer in London, you can find out more about him or how to get in touch.

There are more Articles, Projects, Journal Entries, Photographs and things that defy description here, too.

If you're looking for something specific, there are Calendar & Category -based lists of everything.

And if you want to follow stuff that appears here, try a Syndication Feed, or the generic Feed of everything.


Aquarion's last Twitter was: [updating]
Twitter last updated


More Articles:

[RSS Icon]
[ESF Icon]
[CDF Icon]

That which is relevant:


Explain Ads
© 2000 to 2008 inclusive Nicholas Avenell
All comments are the property of their creators, published with permission
(Unless otherwise indicated, the opinions and sentiments expressed on this site are those of the author and not of any organisation of which he is an affiliate, including his employer. Caveat Lector, E&OE. sigh)
0.073 seconds, 10 queries, 2.68Mb on Thu, 24 Jul 2008 18:41:02 +0000
Generated by Epistula Version 2.0.3