Damn you, Google Books Settlement

By On · 14 Comments · In Publishing

I don’t want to have to think about you, because you’re insanely complicated and whatever I do I’m going to have the creeping suspicion that I did the wrong thing. I’ve read dozens of articles where intelligent people make very cogent arguments both for opting-in and opting-out, and it’s left me with an ice-pick headache. I hate you, Google Books Settlement. Really I do.

Here’s where I’m ending up on the whole thing (for those of you what care): As I published no books on or before January 5, 2009, I am not a member of the “class”. Therefore there is no call for me to opt-in or opt-out.

And even if I wanted to “opt-in” I can find no way to do so on the googlebookssettlement.com website; I’m guessing that if you want to affirmatively “opt-in” you have to do so by actually claiming a book which was published before January 5, 2009 … which I cannot do.

So there it is. I’m probably completely wrong on this, and if someone can point me to a relevant piece of intel that will change my mind before tomorrow, I’ll consider it. Otherwise … screw it. This is a pig in a poke and I ain’t doing to dignify the offer to buy it with a refusal.

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  • http://jlake.com/ Jay Lake

    If you published any print short fiction prior to that date, you are part of the proposed settlement class. It doesn’t just cover single title fiction.

    • http://www.demimonde.com M.K. Hobson

      So if I decide I want to opt-in (which just galls me even to type), I have to go to this googlebookssettlement.com Website and enter all the names of all the short stories that have appeared prior to the 1/5/09 date? Is that the opt-in mechanism? Or is there something I’m missing?

      Headache … intensifying …

      • http://www.bentopress.com/sf/ David D. Levine

        Yes, that’s the mechanism.

        • http://www.demimonde.com M.K. Hobson

          Pheh. Is it only stories in books (i.e. anthos), or in magazines as well? Do you know?

  • http://jlake.com Jay Lake

    If you published any print short fiction prior to that date, you are part of the proposed settlement class. It doesn’t just cover single title fiction.

    • http://www.demimonde.com M.K. Hobson

      So if I decide I want to opt-in (which just galls me even to type), I have to go to this googlebookssettlement.com Website and enter all the names of all the short stories that have appeared prior to the 1/5/09 date? Is that the opt-in mechanism? Or is there something I’m missing?

      Headache … intensifying …

      • http://www.bentopress.com/sf/ David D. Levine

        Yes, that’s the mechanism.

        • http://www.demimonde.com M.K. Hobson

          Pheh. Is it only stories in books (i.e. anthos), or in magazines as well? Do you know?

  • Vylar Kaftan

    This matches my understanding.

  • Vylar Kaftan

    This matches my understanding.

  • Pam

    I’m with you, I don’t understand it at all. In further reading on the site, I did discover that more dates are there that *seem* to say you actually have until 2010 to formally notify them of *something* which is rather incomprehensible to me, but I believe you can still change your mind (*maybe????*) before that date.

    I thought the settlement didn’t pertain to me, either. But I had a short story in a smaller, more obscure anthology in 2005, and that anthology is listed there for “preview”. Except the preview includes 30 or 40 pages, I forget which, and my story ends on the page after. So in essence, my entire story except for the last page is available for preview. And the two stories before mine in the anthology are there in their entirety.

    I guess it can be argued that free samples like this are a good thing. And maybe they are. I’m like you, it gives me a giant headache. I keep thinking of Napster and all the record companies throwing lawsuits and fits over that, and wonder why This Matter is so different that it was allowed to happen?

    • http://www.demimonde.com M.K. Hobson

      When I search for myself using Google Books, only one thing that I wrote comes up … a little flash story of mine that was used in as an example in an instructional book on how to write flash fiction. OK, that’s fine, so I claim that book … but there are several other stories that *don’t* appear in Google Books (e.g, both my Polyphony stories, my stories for RedJack, etc.) So do I still have to claim them? I’m guessing yes. But what an onus to put on the author! Especially if you’re someone like Jay Lake who’s published hundreds of stories. It’s ridiculous.

  • http://musingaloud@livejournal Pam

    I’m with you, I don’t understand it at all. In further reading on the site, I did discover that more dates are there that *seem* to say you actually have until 2010 to formally notify them of *something* which is rather incomprehensible to me, but I believe you can still change your mind (*maybe????*) before that date.

    I thought the settlement didn’t pertain to me, either. But I had a short story in a smaller, more obscure anthology in 2005, and that anthology is listed there for “preview”. Except the preview includes 30 or 40 pages, I forget which, and my story ends on the page after. So in essence, my entire story except for the last page is available for preview. And the two stories before mine in the anthology are there in their entirety.

    I guess it can be argued that free samples like this are a good thing. And maybe they are. I’m like you, it gives me a giant headache. I keep thinking of Napster and all the record companies throwing lawsuits and fits over that, and wonder why This Matter is so different that it was allowed to happen?

    • http://www.demimonde.com M.K. Hobson

      When I search for myself using Google Books, only one thing that I wrote comes up … a little flash story of mine that was used in as an example in an instructional book on how to write flash fiction. OK, that’s fine, so I claim that book … but there are several other stories that *don’t* appear in Google Books (e.g, both my Polyphony stories, my stories for RedJack, etc.) So do I still have to claim them? I’m guessing yes. But what an onus to put on the author! Especially if you’re someone like Jay Lake who’s published hundreds of stories. It’s ridiculous.