02 December 2009
30 November 2009
1. Smaller Class; Representation of Foreign Countries on Registry Board. We've narrowed down the class to authors and publishers of works registered in the U.S. and authors and publishers of works published in the three other countries that have contributed the largest number of English-language works to American libraries: Australia, Canada, and the U.K. Each of these countries will have an author and a publisher seat on the Book Rights Registry board.
2. Independent Fiduciary for Unclaimed Works. An independent fiduciary approved by the court will be solely responsible for decisions regarding unclaimed works.
3. Unclaimed Funds Held for up to 10 Years, Will Go Only to Charities and Finding Rightsholders. The Book Rights Registry will now hold unclaimed funds for ten years, instead of five. (After five years, one-quarter of the unclaimed funds can be earmarked for finding rightsholders.) There will be no distribution of any of the unclaimed funds to claiming rightsholders. Instead, unclaimed funds will go to charities in the U.S., Canada, the U.K., and Australia as determined by court order after 10 years.
4. Elimination of "Most-Favored Nation" Clause, Restrictions on Discounting. The so-called "most-favored nation" clause is out (if you don't know what it is, no need to get up to speed on it). Also out are various restrictions on discounting by Google. Authors will get their cut, regardless: Google's discounts still come out of its own pocket.
5. Well-Defined Future Potential Business Models. Future business models have been pared down to three: individual subscriptions, print-on-demand, and digital downloads. None of these business models can be implemented by Google without approval of the Registry's board, and none can be implemented without notice to all claiming rightsholders, who will have the absolute right not to participate. (The Unclaimed Works Fiduciary, of course, will determine whether unclaimed works will participate in any future business models.) Note: this doesn't affect the previously well-defined business models that get the green light on approval of the settlement -- ad-supported previews, consumer online editions, page-fees for print-outs from public access terminals, and institutional subscriptions.
6. Plenty of Time. There's extra time to make claims for the $60 to $300 per book digitization payments -- it's been extended to March 31, 2011. There's also plenty of time to remove your works from Google's database: you can ponder this until March 9, 2012. (Remember, we don't recommend removal, since it's irreversible: you'll remove yourself from this market forever.)
What hasn't changed? Almost everything else.
The settlement still provides these benefits to authors:
Find new readers. Out-of-print books need no longer be relegated to the used book market. The settlement will make out-of-print works available to hundreds of millions of readers, through ad-supported previews, sales of online editions, and institutional subscriptions. If a book catches on, there will be sales data to prove it, which may create an opportunity to bring the work back into print in traditional form.
In-print books are unaffected. A cardinal rule in the negotiations was not to disturb the market for in-print books. Titles that are in print won't be made available through any of the means described in the settlement, unless the author and publisher expressly want them to be.
A Book Rights Registry to protect rightsholders. A non-profit registry governed by authors and publishers will oversee the settlement on their behalf, to help make sure rightsholders receive the benefits they're entitled to. (Sign up for the Registry by filing a claim at googlebooksettlement.com.)
A fair share of revenues. 63% of gross revenues go to authors and publishers; Google keeps 37%. The funds will be paid to the new Book Rights Registry, which will pay authors and publishers after retaining a modest administrative fee. If rights have reverted to authors, they will receive 100% of the rightsholder revenue.
Unprecedented control for authors and publishers. Authors and publishers will manage their rights through an account management page at the Book Rights Registry. Authors who control rights to their works, for example, may choose to allow Google to display ad-supported previews of books, sell online editions (authors may set the price or let an algorithm do it for them), and license the work to colleges and universities, or they may choose to block all display uses. Authors can change their minds, at any time, with reasonable notice. What if a book comes back into traditional print? The rightsholder can then simply turn off all display uses, if it chooses, and permit the publisher to sell the work through standard retail outlets.
Authors' estates, too. Authors' estates exercise the same rights as authors.
At least $45 million in payments for unauthorized scanning. Any of Google's digitizing of in-copyright books done before May 5, 2009 is considered unauthorized under the settlement. Google will pay to obtain a release of these copyright infringement claims. Under the settlement, Google will pay at least $60 and as much as $300 to rightsholders for each book that it scanned without authority, for a total payment to rightsholders of at least $45 million.
Normally, we wouldn't recommend a piece that in any way compares out-of-print books to sewage, but this piece in Slate is by Tim Wu, a Columbia Law professor and former clerk for Supreme Court Justice Stephen Breyer. Mr. Wu specializes in copyright law and telecommunications policy and is best known online as the popularizer of the net neutrality movement. He's also chairman of the board of Free Press, a nonprofit dedicated, among other things, to combating media monopolies. For those wary of Google, his concluding paragraph is worth reading:
"But if you want to put Google in its place, the book project is the wrong way to do so. It is Google's monopoly on Internet search that is valuable and potentially dangerous, not a quixotic project to provide access to unpopular books. So hold on to that sense of wariness, but understand that in this case, it's misplaced. To punish Google by killing Book Search would be like punishing Andrew Carnegie by blowing up Carnegie Hall."
Here's Mr. Wu's article: http://www.slate.com/id/
The editorial departments of some major publications found much to like in the settlement as well. Have a look--
The Economist: http://www.economist.com/
New York Times: http://www.nytimes.com/2009/
Washington Post: http://www.washingtonpost.com/
We're confident they'll all find even more reasons to cheer the amended settlement. We're holding to our core principles: lots of access to out-of-print books for readers, students and scholars; compensation and control for authors and publishers.
We'll be back later with details on the amended settlement.
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13 November 2009
The Honored Dead
"I put out my hand like the bar of soap was in it, and see its whiteness reflect blue from the streetlights long ago. And I remember Eddie's hand flattened on green felt, arched knuckles cradling the cue for a tough eight-ball shot, or I remember the way his hand curled around his pencil to hide answers on math tests. I remember his hand holding an arrowhead or unscrewing a lug nut, but I can't remember his face."
by B. D'J. Pancake
My grandfather always laid keenness on his Shawnee blood, his half-breed mother, but then he was hep on blood. He even had an oath to stop bleeding, but I don't remember the words. He was a fair to sharp woodsman, and we all tried to slip up on him at one time or another. It was Ray at the sugar mill finally caught him, but he was an old man by then, and his mind wasn't exactly right. Ray just came creeping up behind and laid a hand on his shoulder, and the old bird didn't even turn around; he just wagged his head and said, "That's Ray's hand. He's the first fellow ever slipped on me." Ray could've done without that because the old man never played with a full deck again, and we couldn't keep clothes on him before he died.
I turn out the lamp, see no eyes in Lundy's room, then it comes to me why she was so scared. Yesterday I told her patches of stories about scalpings and murders, mixed up the Mound Builders with the Shawnee raids, and Lundy chained that with the burial mound in the back pasture. Tomorrow I'll set her straight. The only surefire thing I know about Mound Builders is they must have believed in a god and hereafter or they never would have made such big graves.
Read the rest at http://www.theatlantic.com/issues/81jan/pancake.htm">http://www.theatlantic.com/issues/81jan/pancake.htm">http://www.theatlantic.com/issues/81jan/pancake.htm
04 November 2009
If you having girl problems I feel bad for you, son, I got 99 problems, and a Paranoid Android ain't one.
NYC DJ Max Tonnone has outdone Danger Mouse in my opinion, which really means nothing. Danger Mouse's THE GREY ALBUM combined the vocal tracks from Jay-Z's THE BLACK ALBUM with the instrumentals from The Beatles WHITE ALBUM. (Download here: http://www.illegal-art.org/audio/grey.html
I think Radiohead flows so well, it's hard not to think they weren't meant to go together. You decide by listening or downloading here http://jaydiohead.com/
20 October 2009
Today ABBEY ROAD becomes available for download for ROCK BAND. This is the first of many full-length Beatles to become available, once a month, until almost all of their material is available. Get all the details here: http://360.kombo.com/article.php?artid=17515
This new may be minor compared to the other news coming from Rock Band, that the Rock Band Network will be up and running soon. Rock Band Network is a system which will allow any band, anywhere, to track any of its song with proprietary software allowing the song to be played in the game. This means that any song ever recorded could become available on Rock Band. It's a good time to be a music lover. http://creators.rockband.com/
07 October 2009
01 October 2009
By The Associated Press The Associated Press – 57 mins ago
Here is the American Library Association's list of top 10 most frequently challenged books of 2008, their author and the cited reasons:
_"And Tango Makes Three," by Justin Richardson and Peter Parnell. Reasons: anti-ethnic, anti-family, homosexuality, religious viewpoint, and unsuited to age group.
_"His Dark Materials trilogy," by Philip Pullman. Reasons: political viewpoint, religious viewpoint, and violence.
_"TTYL" (series), by Lauren Myracle. Reasons: offensive language, sexually explicit, and unsuited to age group.
_"Scary Stories" (series), by Alvin Schwartz. Reasons: occult/Satanism, religious viewpoint, and violence.
_"Bless Me, Ultima," by Rudolfo Anaya. Reasons: occult/Satanism, offensive language, religious viewpoint, sexually explicit, and violence.
_"The Perks of Being a Wallflower," by Stephen Chbosky. Reasons: drugs, homosexuality, nudity, offensive language, sexually explicit, suicide, and unsuited to age group.
_"Gossip Girl (series), by Cecily von Ziegesar. Reasons: offensive language, sexually explicit, and unsuited to age group.
_"Uncle Bobby's Wedding," by Sarah S. Brannen. Reasons: homosexuality and unsuited to age group.
_"The Kite Runner," by Khaled Hosseini. Reasons: offensive language, sexually explicit, and unsuited to age group.
_"Flashcards of My Life," by Charise Mericle Harper. Reasons: sexually explicit and unsuited to age group.
30 September 2009
The first post-Bush era Pearl Jam sounds a lot like pre-Bush era Pearl Jam--no more pessimistic rally cries for a Gen X nation mourning the loss of liberty and sanity. The disc has been spinning non-stop, and despite a few relatively weak songs, is my favorite disc of the new century.
It's not only the fast stuff that I'm digging either. Some of the slower songs are some of Pearl Jam's best. BLACK and DAUGHTER are getting a little tired. The X plays them so much I kind of get a little burnt out on them. JUST BREATHE gets my vote for the BLACK of the new Pearl Jam. AMONGST THE WAVE could replace DISSIDENT. GOTTA SEE MY FRIEND could be the new EVENFLOW--fast aggressive steering wheel drumming song.
UNTHOUGHT KNOWN and SPEED OF SOUND are the two songs I don't think I'm supposed to like, but do. FORCE OF NATURE is my favorite. Eddie sounds... optimistic? Cheerful? Some might think it's a little too anthemic, maybe that's why I like it.
Is this middle-aged Pearl Jam? To try and compare their path with the path of other bands is silly, but I think the direction they've taken with BACKSPACER is wise and calculated, maybe like what the Beatles were going to do after GET BACK. While we never really got to see the Beatles 'get back', Pearl Jam has done a really good job of it.
Take advantage of the two live downloads, each worth at least $10 in their own right. I chose Madison Square Garden 06.25.2008 and Tweeter Center 06.28.2008. The MSG show was amazing. Wish I'd been there. Here's the setlist:
* World Wide Suicide
* Severed Hand
* All Night
* Marker In The Sand
* I'm Open
* State Of Love And Trust
* Even Flow
* Who You Are
* Given To Fly
* Do The Evolution
* Inside Job
* I Believe In Miracles
* Better Man(Save it for Later)
* No More
* Last Kiss
* Why Go
* Black Diamond
* Yellow Ledbetter
Listening to Mansfield now. Doesn't seem to have the energy of the MSG show, maybe that's why I chose it though. Because I knew it'd be different than New York? Here's the setlist:
* Hard To Imagine
* Why Go
* Hail, Hail
* Low Light
* Elderly Woman Behind The Counter In A Small Town
* Off He Goes
* Given To Fly
* I'm Open
* I Got Id
* Even Flow
* Do The Evolution
* Love Reign O'er Me
* Come Back
* Better Man(Save it for Later)
* No More
* State Of Love And Trust
26 September 2009
We just received word that Judge Denny Chin granted the motion of authors and publishers to adjourn the fairness hearing scheduled for October 7th. While noting that the current settlement raises significant issues, Judge Chin says that "the proposed settlement would offer many benefits to society, as recognized by supporters of the settlement as well as DOJ. ... It would appear that if a fair and reasonable settlement can be struck, the public would benefit."
Judge Chin ordered the parties to the settlement to appear on October 7th for a status conference "to determine how to proceed with the case as expeditiously as possible."
We'll continue to work on amending the settlement to address the Justice Department's concerns.
A copy of Judge Chin's order is here.
Feel free to forward, post or tweet. Here's a short URL for linking: http://tinyurl.com/ybt6e6t.
Beating their midnight deadline by about 90 minutes, the Justice Department on Friday filed a brief calling for modifications to the Guild's class-action settlement with Google over Google's scanning of millions of library books without permission. The Justice Department said the parties to the settlement should modify the settlement to address certain copyright, antitrust, and class-action concerns. While it opposes the settlement agreement as it now stands, the Justice Department "strongly supports" the settlement's goals of creating new markets for out-of-print works and committed itself to working constructively with the parties on a revised settlement.
The Justice Department urged everyone to seize the moment, saying, "this case offers the potential for important societal benefits, the United States does not want the opportunity or momentum to be lost."
The brief of the Justice Department is available here.
Also available at our website is the Guild's testimony before the House Judiciary Committee on September 10th. We argued that the settlement would help cure a market failure -- the inability of readers, students, and scholars to access out-of-print books -- by creating valuable new markets for those works. Authors Guild Testimony.
Finally, we ask you to take a moment to read Books In Limbo, Columbia University professor James Shapiro's article on the educational and scholarly benefits of the settlement. Books In Limbo was first published in The Huffington Post. James Shapiro is a member of the Guild's Council.
23 September 2009
14 September 2009
Always considered myself a backpack guy until I saw this bag. It matches my Vans and makes me feel superior when I commute 9/10 of a mile to school. It's waterproof and well-constructed, which means, hopefully it'll act as protection if I get hit by some 16 years piece of trash who's texting while she should be driving. And it's huge, so if Heidi ever gives me the boot I have a place to live.
12 September 2009
To celebrate my third year without an appendix, I'm bringing you KNIGHTS OF CYDONIA. I caught this video late one night in the hospital. It was early morning, maybe 3am, and I the nurse had just taken my temperature and replaced my pain killer.
10 September 2009
09 September 2009
Amazon Accuses Someone Else of Monopolizing Bookselling
September 2, 2009. Amazon made it official today, filing a brief in the Google case claiming that someone else might gain a monopoly in bookselling. It seems we're compelled to state the obvious:
Amazon's hypocrisy is breathtaking. It dominates online bookselling and the fledgling e-book industry. At this moment it's trying to cement its control of the e-book industry by routinely selling e-books at a loss. It won't do that forever, of course. Eventually, when enough readers are locked in to its Kindle, everyone in the industry expects Amazon to squeeze publishers and authors. The results could be devastating for the economics of authorship.
Amazon apparently fears that Google could upend its plans. Amazon needn't worry, really: this agreement is about out-of-print books. Its lock on the online distribution of in-print books, unfortunately, seems secure.
The settlement would make millions of out-of-print books available to readers again, and Google would get no exclusive rights under the agreement. The agreement opens new markets, and that's a good thing for readers and authors. It offers to make millions upon millions of out-of-print books available for free online viewing at 16,500 public library buildings and more than 4,000 colleges and universities, and that's a great thing for readers, students and scholars. The public has an overwhelming interest in having this settlement approved.
08 September 2009
Got the email on the 6th, checked the site today and it was sold out. Looked pretty sweet too. Have to be a little quicker in October.
Ordered a few things from them. It's a small operation, but I like how they do business. Haven't seen a lot of cycling stuff that looks better than this.
09 June 2009
15 April 2009
Why is it important for some people to live in an environment of fear?
On Easter Sunday, when a lot of people were about to dig into ham and sweet potatoes, I took a step toward the edge of the bubble I'd been living in for years. Dave Buchanan had been telling us about a trail that ran from Baughman Rocks overlook to Ohiopyle. What he didn't say was that probably wasn't ready for it yet.
The trail from Sugarloaf drops over 500' in less than 4 miles. That includes sections of softball-sized rock that moves beneath the bike's tires, a few downed trees, and streams. I'm proud to say that I only walked one section. The rest of the time was pretty much holding on for dear life. I put my bike through its first real test, and came trough with a shattered dork disc and a busted spoke. Not too shabby.
There are more epic rides, of that I'm certain. But this was a hell of a lot of fun. I'm ready for more.
13 April 2009
7 Springs 007 Trail from DH Productions LLC on Vimeo.
09 April 2009
I got a Gary Fisher Marlin a few years ago, but rode only rail trails. Now that I got a taste for trails I don't want to go back. My goal is to be able to race a few times next year. And to get this jersey. I know I'd be a lot faster if I has this jersey:
They have a few XXs in stock, if, you know, anybody's thinking B-day?
I've been working on a wiki page though. So if anybody wonders what goes on in my life from 7:30 to 2:37, take a look. http://tektitesandtrilobites.wikispaces.com/
12 March 2009
So this picture reminds me of that day and all the good feelings associated with it. It also reminds me a little of the UNDER THE TABLE AND DREAMING album cover. So again, feelings of spring-timey goodness. You can almost see it in the sky on this picture. Still early enough to be dark relatively early, but late enough in the year that Kennywood's open. With the birds out in full force and moist, sweet air coming through open windows I feel a weight lifting. Winter has some great things going for it--being around friends is probably my number one. But not having to dress in layers is pretty sweet too. It's a good time to set the tone for what's to come. For me, I want to get a lot of bike riding in, a lot of writing done, and I'm vowing to learn a song a week.
The Maya, like a lot of other groups, were all about getting rid of things they didn't need. Their calendar carried five days at the end of each year that they didn't 'count'. These days are used to clean, get rid of unused items, etc. Not much different than our spring cleaning, except for its spiritual undertones. Maybe this is how I look at spring. A chance to shed old skin and move away from negativity.
10 March 2009
02 March 2009
I know what cabin fever is. It's real, like seasonal affective disorder with more anger. Being in a room without windows all day doesn't help. I know summer is coming, I just don't know if I'm going to last.
Dolly Sods sits along the ridge at the far side of the valley. When I think about summer, that's where I am.
27 February 2009
If you know Jack then Tristan Prettyman doesn't need much in the way of introduction. You'd think she could be Jack Johnson's wife, except he's already married and she's dating Jason Mraz.
January 30, 2005
LeStats Coffee House
Normal Heights, San Diego, CA
Source: AT831 > SP-SPSC-1 batt. box (w/ bass rolloff set @ 107 Hz) > Nomad Jukebox 3 (wav @ 44.1k)Lineage: NJ3 > USB > Sound Forge 6.0 > WAV > FLAC (flac frontend, compression level 6)
Taped by: Tyler Huff
01 - So Sorry
02 - Please
03 - Tristan talks about leaving for NYC to record her new cd
04 - Smoke
05 - The Story
06 - Evaporated
07 - Guestcheck
08 - Always feel this way
09 - Electric
10 - Love, Love, Love
11 - Shy that way %
24 February 2009
23 February 2009
A change of attitude requires a new soundtrack, and this is usually around the time I rediscover artists like Jack Johnson and Tristan Prettyman--people who've made a living singing about the things that seems a million miles away when Punxsutawney Phil is being dragged from his hole.
So here's what I've been listening to to curb my cabin fever:
Band/Artist: Jack Johnson
Date: August 5, 2005
Venue: Dodge Theatre
Location: Phoenix, Arizona
Source: *Remastered* - AT931c > SPSB-2 (Roll off @ 107Hz) > Sony PCM-M1
Lineage: Remastered from Steve LeFevre's original AUD source
Taped by: http://www.archive.org/search.php?query=taper%3A%22Steve%20LeFevre%20%28hmblmunkye%40aol.com%29%22
Dreams Be Dreams
Do You Remember
Sitting, Waiting, Wishing
Symbol on My Driveway
Never Gonna Give You Up > Holes to Heaven
Horizon Has Been Defeated
Bad Fish > Boss DJ
Times Like These
No Other Way
Two of Us
The News > Natural Mystic
Plastic Jesus > Fall Line > Spring Wind
Pirate Looks at 40