Re: Re: Amazon.com's "Search Inside the Book"

From: Keith Tabor <ket354[_at_]yahoo.com>
Date: Wed, 12 Nov 2003 11:20:18 -0500

• In response to my agreement that it was not clear whether Amazon's "Search" was a good deal or a bad deal for authors "Robert F. Bodi" <lawlists[_at_]bodi.com> wrote:
  > I don't think that any retailer has the right to
  > violate the rights of
  > authors in order to run an experiment, regardless of
  > whether the authors
  > would be helped or hurt.
  

It is not clear that the rights are being violated, and I never assumed one way or another. My earlier messages wwere clear that I was not arguing that point. I was discussing the "real" question, instead of the "legal" question. The "real" question is: what should authors do?

This is copyright, not trademark. You can stop the use at almost any time, at least in the next year or so, if you can prove that it is a violation of your rights.

Furhtermore, I assume that Amazon would remove any works by request of the author. If anyone has heard differently, that may change my analysis.

If I were an author, I would be inclined to leave my works in the searchable database. I may hedge that bet by pulling a few works that I thought would not benefit from the database, but likely I would leave all works in. Then I would wait and see. If my sales increased I would be happy. If my sales decreased I would pull more of my works from the database and try to determine if there was a relationship. If I found a relationship I would pull them all. If I did not find a relationship, I would try to determine another reason for the decrease.

> The copyright holder has
> the right to decide
> whether or not to participate in such an experiment,
> just as a participant
> in a medical study must consent, whether or not they
> would be helped by the
> study. It is NOT up to the retailer/experimentor.

That assumes that this system violates the authors rights. Amazon disagrees. furthermore, it aoppears that Amazon has obtained rights from the publishers, who may or may not have these rights. Your assumption is not the law.

If I were an author I would not much care about these legal issues because there is no evidence that I am suffering any actual damages and litigation against Amazon would exceed the cost of my home and cars. (Again, this assumes that Amazon allows voluntary opt out.) While copyright law does not recognize the "No harm, no foul" rule, businesses do. So do juries and even a few judges.

>
> -Bodi

When Amazon abuses this system I will be as critical, but to be critical of a system that appears not to harm anyone, and could benefit all parties involved, seems a little premature.

Keith

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