Showing posts with label copyright law. Show all posts
Showing posts with label copyright law. Show all posts

Friday, April 13, 2007

The End of Civilization in the Penny Press


Ominous rumblings and portents all across the range of the Penny Press last week, with only your humble (Ok, alright, maybe not so much) scribe to connect the dots.

The harbinger appeared first in the TLS, a brief article by Nicholas Clee concerning electronic copyright issues and Google's quest to make all the books in the world (at least, the ten percent to which they have access) available to all the people in the world (at least, the ten percent who have the Internet).

Clee examines the pros and cons of the cases currently pending and comes to temperately melancholy conclusion:

"Piracy will certainly be widespread on the internet. Protecting texts against it is a huge problem, not only because of the skills of the hackers, but also because digital rights management (DRM) systems are unpopular with consumers. However, it remains likely that most people will continue to buy texts from official sources. Let us hope simply that the dominant official source for books is not Google. Or else we shall all have to find another way of earning a living."

This is grim enough - after all, Google won't be the only avenue for acquiring books as long as, well, books are still kicking around - but it gets its pictorial equivalent over in the New Yorker, where the always-reliable Bruce McCall depicts a futuristic library reading room almost completely devoid of books (the little old lady trying to read is being forcibly ejected while we watch). The marble overhead is engraved with names, but they aren't Socrates and Plato and Erasmus - they're O'Donnell, O'Reilly, Winfrey. And the aisles are still marked History (American Idol, Anna Nicole), Autobiography (Myspace.com), Nonfiction (Youtube), but the designations are hardly comforting. In the bottom corner there's a rumpled bin of actual books, with a sign that says 'Bums Only.'

Those of us who adore not only reading but books themselves, the darling, adorable physical objects they are - repositories for our handwritten marginalia over all the times we return to them, repositories where our bookmarks, our expired train tickets, even our food stains, from meals long forgotten, end up - well, we might find such a future alarming. For all of technology's incredible advances, we would hate to lose our old friends. Their loss would be, in fact, immeasurable.

We here at Stevereads would heartily like to believe McCall's picture is completely dystopian. But over in New York magazine, there's an article by Clive Thompson about the battle between Viacom and Google over Google's parenthood of Youtube, the revolutionary video-sharing website from which we here at Stevereads have derived so much pleasure (live tornado footage! Live lightning strike! Live shark attacks on live victims!).

Thompson approaches the issue not as clash between legal entities but as one between anthropological ones - nerd logic versus Big Media logic - and he's very good, very glib about his taxonimonies:

"Nerd logic holds that smart ideas deserve to trump dumb ones. Indeed, nerds are fierce believers in meritocracy. This is self-serving, of course: nerds love the idea of intellectual Darwinism because they think they're smarter than everyone around them, thus fated to win every contest."

Thompson believes that even though the two anthropological cultures - nerd and Big Media - will never understand each other, they will eventually reach a modus vivendi. That's at least a hopeful prognosis, although we here at Stevereads fail to see how such a thing could ever come to be - after all, those keypoint clips Youtube broadcasts from countless users? The keypoints to last night's 'Lost' or 'Battlestar Galactica'? Not to mention the literally countless other show clips (and there are sites much worse than Youtube, sites where whole SEASONS of shows are available at the touch of a button)? That's all copyrighted material - meaning some creative person (or a group of them) worked hard to make it, and with any luck they were well-paid for doing so. Well-paid or not, they were certainly PAID. If you record, if you download, hell if you even LOOK at that content, you're stealing from those people. The size and legal clout of Google doesn't change that, although judging from this article, Google seems to think it should.

However this tangle works itself out - whether all parties settle amicably on some kind of compromise arrangement or whether the whole concept of copyright transforms into some entirely new form (the latter is our bet here at Stevereads), it tempts you to get all nostalgic for the good old days (not TOO old though! You'd still want to in the comparatively recent era when American works were legally protected from copyright piracy in the UK, for instance). Joan Acocella does that kind of pining in a piece in last week's New Yorker in which she laments the demise of the mechanical typewriter. The points she makes will be all but unintelligible to most of our readers, who are younger than the Internet:

"Consider, for example, our physical involvement with the typewriter, which stands in relation to our connection with the P.C. as a fistfight does to a handshake. On the P.C., we use the same typing skills that we used on the typewriter, but the contact is not the same. We run our fingers lightly over the keys, making a gentle, pitter-patter sound. On the typewriter, by contrast, we had to stab, and the machine recorded our actions with a great big clack. We liked that. The noise told us that we had achieved something. So, in large measure, did the carriage return - another line done! - and the job of changing the paper - another page done!
"Which brings us to the white page. Mallarme spoke of the uncertainty with which we face a clean sheet of paper and try, in vain, to record our thoughts on it with some precision. As long as we were feeding paper into a typewriter, this anxiety was still present to our minds, and was relieved in the pointillism of Wite-Out, or even in the dapple of letters that were darker, pressed in confidence, as opposed to the lighter ones, pressed more hesitantly. A page produced on a manual typewriter was like a record of the torture of thought."

We here at Stevereads are, to put it mildly, familiar with that torture. Nobody currently reading this blog will recognize the term 'nul-time,' but once upon a time, to a small group of readers, that term described a series of science fiction potboiler novels. Those novels were fraught with action and cheesy dialogue and fairly addictive cliffhangers, and each and every one of them was composed on the same old manual typewriter - and their author, not the most mechanically adept person on Earth, could take that typewriter apart and put it back together, knew every piece and part of it blindfolded. There was NOBODY ELSE directly involved in the running of the machine; paper, ribbons, and replacement parts had to be bought, yes, but the actual production of text, the slow accretion of those 'nul-time' novels, was entirely located between author and typewriter. Unlike the P.C., where texts are hackable, deletable, and in any case completely reliant other people and other technologies in order to be TRANSMITTED anywhere.

Don't mistake: it would be foolish to go back. In the typing of this blog entry alone, an astounding, wopping, eye-popping THIRTEEN THOUSAND typos were made (TWENTY-ONE in this sentence alone)(FIVE in the word 'sentence' alone). In the era of manual typewriters, each one of those errors would have required at least a solid 45 seconds to fix. That adds a couple of HOURS to the composition-time of a medium-length piece. In the Internet era, those typos achieved only a Platonic level of existence in the first place and were instantly corrected.

That alone would be reason never to go back and never to WANT to. But even if that weren't enough (if, for instance, you made fewer frickin typos), there's still the fact that typewritten material GOES nowhere. It's no good stubbornly continuing to send telegrams when everybody around you is using cell phones. There's a point where nostalgia becomes weirdly fetishistic, and people still using manual typewriters for active prose have long since passed that point.

Still, Acocella is right: there was a purely tactile satisfaction in using a mechanical typewriter that's now gone forever from the act of writing. Somebody should hold a wake for it, because it was a good and steady friend to writers for a hundred years.

Friday, November 17, 2006

penny press! the new york review o' books!



A very full issue of the New York Review of Books this time around (thanks, no doubt, to our young friend Sam's ever-increasing sway behind the scenes at that august establishment! Stand up and take a bow, Sam!), so let's start sorting the wheat from the chaff, shall we?

(The sorting can begin by one of your clever little marmosets finding me a visual of the COVER of this issue, something 30 minutes of tooling around the Web on my own failed utterly to do)

As I predicted, Jason Epstein's piece on Google's plan to create an enormous, unlimited virtual library garnered some heated responses in the letters page.

Google plans to digitally scan vast innumerable piles of books, to be available at the touch of a button to anybody with access to the Internet. The ruckus arises over copyrighted material - Google says it will offer only 'snippets' of such, presumably with readers able to pay them to see the whole work. Naturally, this has authors and bookstores in an uproar.

Law professors in an uproar too, apparently. Peter Friedman, an associate professor of law at Case Western, writes:

"Jason Epstein writes in 'Books @ Google,' that Google's creation of a searchable database of copyrighted texts without the permission of the copyright holders cannot constitute 'fair use' under US copyright law because the creation of such a database 'violates the provision of copyright law that forbids copying more than a brief passage.' There is no such provision.

Professor Friedman goes on from there, but that's where we here at Stevereads stopped and said, 'Yes there is. Dickwad.'

It's a well-known mental affliction, contracted mostly by lawyers and law professors, that leads them to believe their profession consists of sacred books locked away from the soiling gaze of the knuckle-dragging public. Alas for them, despite the level best efforts of the present administration, all American laws are matters of public record. If you've passed the fifth grade, you can look them up and READ them.

So: yes there is such a provision. Dickwad.

Equally frustrating is a little assertion tossed off in an otherwise excellent piece by Peter Green. He's reviewing three books on the archeology of Homeric Greece, and since he's a towering authority in the field and one of the smartest classicists alive today, the review is absorbingly good.

Except for this:

"Though the famous love affair between Catullus and Clodia Metelli ('Lesbia') is better documented than many other episodes in Roman history, there are still distinguished Latinists determined to treat it as fiction."

As Beepy would say, What the Eff?

This is probably as good a time as any to point out that Peter Green, despite having written a shelf-full of great histories and translations, is a bit of a nutjob. Not a nutjob, really, but ... well, shall we say 'stubborn in the holding of eccentric opinions'?

But even so, this one really puzzles. The history of ancient Rome prior to the death of Trajan is one of those subjects on which I can safely say I know as much as anybody in the world, and I'm telling you, boys and girls: there's absolutely NO 'documented' love affair between Catullus and Clodia. There's no surviving evidence they ever met. There's no evidence Clodia and Lesbia are the same woman. It's a pretty surmise alright, but 'documented'? I have no idea what Green is thinking.

Unless he's enough of a nutjob to consider passionate love-poems to be 'documents.' But that surely can't be - nobody in the world could be that dense.

And finally, it was density of another kind that kept cropping up in Larry McMurtry's review of Gore Vidal's latest memoir, "Point to Point Navigation."

On first glancing at the table of contents, I smiled: a wonderful match! Two excellent prose stylists, one patrician the other plebian, both outstanding historical novelists.

Then I read a bunch of other things in the issue and forgot about the symmetry. By the time I got to the review, I'd even sort of forgotten McMurtry was its writer. Instead, I just dug right in.

And almost immediately started snagging on the prose of the review itself. Some curious mental block prevented me from thinking of McMurtry every time this happened - instead, I was mentally cursing WHOEVER the editorial nobody was who could write like this:

"Gore Vidal has the looks of a prince, the connections of a prince, more wit than any prince I can presently recall, and a prose style that should be the envy of the dwindling few who realize that prose style matters, both for the glory of it and also because if one makes one's living mainly by the making of prose sentences, as Gore Vidal has, it's nicer if the sentences are strong, supple, and pleasing."

Geez. I'd have handed that back to a freshmen in high school.

OK, I thought, once I'd reminded myself that it was, in fact, McMurtry writing the piece. Anybody can find themselves in a rhetorical box canyon now and then. But it keeps happening:

"After the death of Barbara Epstein saddened this journal, I wrote a tiny tribute, along with many others.
None of these offerings is more painful to read than the dozen harrowing pages Gore Vidal devotes to the passing of his long, long companion, Howard Austen."

Again, geez. So McMurtry wrote a tiny tribute - and then wrote many other tiny tributes? So 'Gore Vidal' is a single nomenclature, never to be shortened to 'Vidal' (in the entire course of the piece, it never is ... the effect is hilariously and ironically Eucharistic)? So Howard Austen was really, really long?

After enough of this, I found it impossible to concentrate on the review AS a review ... at least, not a review of Vidal's - sorry, Gore Vidal's - new memoir (I'll have to look elsewhere for that, or perhaps bite the bullet and read it myself). Only belatedly did I realize what I was reading in this review, and the realization came with a little twist of pain:

This review is, quite unintentionally, the best tribute yet paid to the editorial skill of Barbara Epstein.