NPL Publishing Consultants

Caveats and legal disclaimers here:

1. This is my personal opinion, thus, I am legally entitled to express it without threat of lawsuit from any of the current parties to the circus (oops I mean settlement).

2. I have not bothered to read one page of the settlement document. You’ll find out why a little later. I don’t have to for many reasons. But, I have read the statements of many of the for and against people. That information is also reasonably irrelevant, but does shed light on some of the more fun parts.

3. I am not, repeat, NOT advising any of you to do as I say, as I do, as I recommend, or as I think. For once in your lives, think through this thing for yourselves, don’t let everyone else tell you what you HAVE to do, and for God’s sake, don’t buy into the hysteria, one way or the other. Use your God given talent to determine your own path, your own fate, and your own destiny. I am simply exercising my right to have an opinion, as guaranteed by the Constitution, until Google challenges that too…

4. But, if you truly believe Lee Harvey Oswald was the lone shooter, because “THEY” told you so… I suggest you save some time, sign on, and move on. My point of view is of no use to you.

I have learned over my half century plus, that whenever something doesn’t make sense, there are two rules of analysis to follow:

First, as Francisco says in Atlas Shurgged, there are no paradoxes in this world. If it appears there are, check your premises, one of them must be wrong.

Second, when something in law, politics, or business, or almost anything else, doesn’t make sense… follow the money and it will point you to your answer.

And in this case, since we ARE dealing with Google here, allow me to add my own favorite:

There is no such thing as an unselfish act. Don’t even go there… even Mother Teresa in her wisdom agreed that there is no such thing as an unselfish act, and if you can prove otherwise, you will get my blog ‘platform’ to use for any purpose you so choose.

So, here we start… no paradoxes, follow the money, and no such thing as unselfish acts.

Whether it is graft and corruption, good business practices, shady deals, altruistic Google-speak, or anything
else that might make you stop and consider ‘why’… follow the money and it will lead you directly to the answer.

And Mr. Allen (see Part One) of the AAP has made it crystal clear to anyone who will listen… support this agreement since it is in the best interests of everyone. How altruistic! How unselfish! How logical!

OK… let’s go follow the money…

If this does go to court, figure whoever takes up the battle, AAP, Author’s Guild, or the government itself (who should be the one enforcing and protecting the laws of the country) will spend between 30 and 50 Million to go from end to end. Yes, sir. One trail of money.

And Mr. Allen makes it clear that even after spending this kind of money to reaffirm a law, odds are, they are going to lose to Google. So, now Google is more powerful than the people who make laws. That doesn’t make sense either… so we haven’t found the money yet… but we can smell the beginnings of it here at 30-50 Million.

And yet… somehow I get the feeling that copyright law hasn’t evaporated overnight…

The only logical explanation is that if Google is willing to spend upwards of 50 Million dollars to fight this thing, and they peg legal fees at 5% of revenue potential… then there must be AT LEAST a ONE BILLION DOLLAR revenue potential for winning this fight. AHA… now we’re starting to see the money. And we have to assume that since this a longer term project, ONE BILLION A YEAR is not an unreasonable estimate of potential revenue.

***** One last caveat and this is a great place to put it. I dislike Google. I am biased against Google. I don’t trust Google. I would not sign a contract with them to do business with them unless I had multiple exit points irrespective of law, agreement, or documents. That is, if I wanted out, i can get out without their agreement or permission. (For example, if I were to sign on to AdWords, I could cancel my credit card securing the deal, thus cancelling my agreement with them without their permission.)*****

It appears to me that if/when Google wins this settlement, this becomes the sign to them that they have succeeded in changing law without a vote. Bending the law to fit their needs. And what does that mean in round two? They will bully the law to what they require and bully everyone along with it, as necessary.

In my opinion, this is step one to eliminating everyone else from the process… in my opinion, Google is evil. Their tag line is ‘Do No Harm’. I am yet again convinced they mean ‘Do No Harm to Google’. They are willing to spend 50 Million Dollars to do harm.

They KNOW copyright law is law… but it isn’t convenient any more for them, so they have to eliminate it. They didn’t come and ask publishers to join in. They simply took what they wanted and DARED anyone to fight back. And with a BILLION dollar war chest… who is going to fight them in court? Certainly not the politically focused AAP or Author’s Guild, who loves to beat up on independent publishers… so who?

This fact isn’t lost on Google. They know once this is signed, they have everything. And when they do what they will inevitably do… who will stop them? It is a simple plan. No conspiracy here. If you don’t like what they are going to do in round two… sue them! This is one of their premier mantras. Sue us! And unless you have a 50 Mil war chest of your own… are you? No, so this one is over.

Google Street View violating privacy laws, trespass laws, and a raft of other state and local rules… tough shit. Sue us they say! We are Google and we’ll do whatever the hell we please. You don’t like it, sue us! We’ll wear you down and make you spend millions, for a principle! Then, we’ll go out and do it over and over.

Follow the money, people!

See why I didn’t bother to read 300 pages of horse crap? As far as Google is concerned, the documents are worthless. When it is time, they will be vaporized and a new lawsuit may have to be instituted to make them follow something… which, of course will be settled in Google’s favor… and so on, and so on… until Google gets exactly whatever it is they wanted in the first place.

In everything I have ever read about their legal issues, their public issues, and their position on things… I have come to the opinion that Google has never met a legal agreement it had ever cared about, except to hold the other party to it… which is their plan here.

The whole thing comes down to this… Google has figured out how to exploit the concept of copyright without allowing the US government to become the opponent in a lawsuit. THEY actually have more money than Google and could outlast them in court. AAP doesn’t have the money, the Author’s Guild doesn’t either… (but at least THEY could try bullying small publishers into paying 50% royalties and then raking half from their author members). So everyone has agreed to something and they hope noone will notice.

Just like telling the public if the shooter shoots from due south… there is every reason to accept that the bullet entered the victim’s head from the northwest. If you buy that logic… then sign off on this settlement. (And I have a bridge to sell you.)

Enough of my preaching… dancing with the devil will burn your hands at least, and maybe if you dance too close, you’ll start to sell your soul. The membership of AAP and Author’s Guild are, and want you to do it too! Tell me Random House gives a rat’s ass if YOU survive? Well, this Allen person is trying to pull the mouse ears over your eyes and make you believe make believe. Go to Disney World with your eyes open… at least you’ll KNOW you’re being taken for a ride!

Now for the pragmatic side of the argument.

If you believe Google and this settlement will do businss for you… then give them your books. You ain’t never gettin’ them back without a lawsuit… and if in the process they expose the entire contents of every book you have given them… you’re stuck and tough crap on you. SUE US! You have sold your soul for a few shekels and maybe not even that. Puhleezeee… don’t give me that pablum about giving the whole world access to your books… they can BUY them now, can’t they? And if they can’t afford them, isn’t that what libraries are for? Or did you just plant a big white flag on your building with a red cross on it? NO… it was just a big white flag! Surrender!

Google has a job to do… click click click.. ad words ad words.. click click pay per click… sell books… collect money… click click. You must remember their argument being ok with being restricted by the country of China to get access there… ‘well, we feel the benefit of Google outweights the censorship we have to suffer…”….

Bull pucky! Click click click one billion times times times times… click click click… follow the money and get to the truth… Do no harm to Google.

I am deliberately avoiding telling you what to do since shekels may be the name of your game… soul be damned.

Do as you see fit once you have thought this through.

ME?

My certified paperwork is on its way… I own and/or control numerous (in the hundreds) copyrights and publishing rights and all kinds of rights… Google is not going to get the opportunity to Google me… if I lose lots of money in my decision… it is still MY decision, and MY money. Copyright affords ME the right to do as I alone see fit with what I own and control. That is the idea behind it.

Rationally or irrationally, I don’t trust Google. It is a personal opinion based on my history and my research and my analysis and the rules I have learned to live by. No paradoxes. No unselfish acts. When things make no sense, follow the money to the truth.

Personally, I would quit the industry before having to trust Google with my copyrights. And considering the strange bedfellows this whole thing is creating… I might just have to…

Or, believe this one or not… figure out how to sell my copyrighted materials by myself directly to people who are willing to pay for them in a fair exchange of money for my products. … How quaint.

You really need to keep your powder dry this time… and your head up as you skate down the ice…

* * * * * *
Epilogue:

July 24, Boston Globe interview with Google Books executive Dan Clancy about the impact of the settlement:

“We’re going full steam ahead, no matter what happens with the settlement.’’

Well, well… there’s an honest guy letting the cat out of the bag. It doesn’t matter what the judge decides, or if the case goes to court instead of settling… here is a Google Book exec telling everyone what THEIR plan is. I’ll tell you all this… there is no shortage of grande kahones in that organization.

Conduct yourself accordingly.