Tim Wu had an excellent article in Slate last week about the Google Print dispute.
"The idea that there is no tradeoff between authorial control and exposure is attractive. But it is also wrong. Individually, more control may always seem appealing—who wouldn't want more control? But collectively, it can be a disaster. Consider what it would mean, by analogy, if map-makers needed the permission of landowners to create maps. As a property owner, your point would be clear: How can you put my property on your map without my permission? Map-makers, we might say, are clearly exploiting property owners, for profit, when they publish an atlas. And as an individual property owner, you might want more control over how your property appears on a map, and whether it appears at all, as well as the right to demand payment.
But the law would be stupid to give property owners that right. Imagine how terrible maps would be if you had to negotiate with every landowner in the United States to publish the Rand McNally Road Atlas. Maps might still exist, but they'd be expensive and incomplete. Property owners might think they'd individually benefit, but collectively they would lose out—a classic collective action problem. There just wouldn't really be maps in the sense we think of today.
The critical point is this: Just as maps do not compete with or replace property, neither do book searches replace books. Both are just tools for finding what is otherwise hard to find. And if we really want to have true, comprehensive book searches, we cannot require that every author's permission be individually sought out. The book search engines that emerge would be a shadow of the real thing, just as a negotiated map would be a lousy one."
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