Guy Uploads Book To Google, Selects Wrong Option... Sues Google For Infringement

from the that'll-go-far dept

Tue, Oct 13th 2009 10:52am — Mike Masnick

Eric Goldman alerts us to yet another lawsuit concerning Google's book scanning project -- even as it's deep in negotiations to come up with a new settlement with authors and publishers. Somehow... I doubt this new lawsuit is one that will cause too much turmoil within Google, however, as it appears to be a self-published author (representing himself in the lawsuit as well) who uploaded his own book to Google and then was confused about how the controls worked... so he decided to sue for copyright infringement. The full lawsuit is here:

It includes such gems as the following line of reasoning:

Listing my entire book on the internet minimized my chances of finding other chances of finding publishers and buyers because they listed the entire book on the internet.

But, as you read through the supporting documents, including the helpful emails from Google staff, it becomes clear that the guy misunderstood how Google Books works. After uploading his own book, there's an option to choose how much of the book is made available. He chose 100%, incorrectly believing that 100% meant none of the book would be published. Instead, he just keeps demanding that only the specific pages he wants Google to publish should be published. Google doesn't appear to have that functionality... so the guy is suing for copyright infringement. Somehow, I don't expect this case will get very far.

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Filed Under: copyright, google books, lawsuits
Companies: google

45 Comments

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ChurchHatesTucker (profile), 13 Oct 2009 @ 10:54am

Wait, What?
Sounds like a moron with a lot of time on his hands.

What's the precedent for that?
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Circular File Clerk, 13 Oct 2009 @ 10:55am

Based on the quote, this guy has yet to find a talent for writing.
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Ima Fish (profile), 13 Oct 2009 @ 10:59am

Listing my entire book on the internet minimized my chances of finding other chances of finding publishers and buyers because they listed the entire book on the internet

Wow with pithy and inventive writing like that sample, I'm shocked he's not already famous!

"He chose 100%, incorrectly believing that 100% meant none of the book would be published"

Seriously, I can't understand why he expects Google to go through the process of scanning his book, only to not publish any of it. Exactly what advantage does that give Google? And what does it do for the author as no one is able to read it he's unable to gain any new fans or publishing deals!
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David (profile), 13 Oct 2009 @ 11:10am

Why didn't he...
..Just submit the pages he wanted out there?
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Hephaestus (profile), 13 Oct 2009 @ 11:17am

re: The Magic Signature Act ....
First his book .... Magic Signature Act

"This is not a formal summons or notification from the court, but my request to ... blah blah blah ... in order to save the cost of serving you with a juducial summons..."

The guy is an Idiot and cheap ....
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:Lobo Santo (profile), 13 Oct 2009 @ 11:28am

Re: re: The Magic Signature Act ....
Careful with the possible defamation there--he might decide to sue Mike Masnick; or Techdirt.
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Anonymous Coward, 13 Oct 2009 @ 11:43am

You people have no feelings.

This poor guys has to "live in fear" that people will use his "intellectual ideas without [his] benefit."
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Tom The Toe, 13 Oct 2009 @ 11:45am

He he is folks.
It's talked about so much here and now he actually shows up. Ladies and gentlemen I give you... The Moron in a hurry.
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Tom The Toe, 13 Oct 2009 @ 11:46am

Here he is folks.
It's talked about so much here and now he actually shows up. Ladies and gentlemen I give you... The Moron in a hurry.
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Anonymous Coward, 13 Oct 2009 @ 11:46am

Re: Wait, What?
"Guy Uploads Book To Google, Selects Wrong Option... Sues Google For Infringement"

Sounds like he came up with a new excuse to sue Google.

"I want money, let me purposely pretend like I accidentally uploaded my book with the wrong option and sue Google."
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Nick Novitski (profile), 13 Oct 2009 @ 11:50am

Whoops
Hey guys, I think Tom uploaded more comments than he meant to. You better remove one of them before he serves notice.
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Anonymous Coward, 13 Oct 2009 @ 11:59am

...minimized my chances of minimizing my chances of finding other chances of finding chances of minimizing other findings of other chances and minimizings...
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zcat (profile), 13 Oct 2009 @ 12:00pm

"obscurity is a greater threat to authors than piracy." -- Tim O'Reilly. And Jim Baen agrees.

Perhaps he's actually smarter that we're giving him credit for, I bet at least a few people are going to rush off and download the book before it goes away 'just to spite him'
I'd never even heard of Tony Benjamin before, now I have. And they say any publicity is good publicity.
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Anonymous Coward, 13 Oct 2009 @ 12:06pm

This sounds like a good business plan to me.
After all it never my fault so I must sue everyone else.

Not if the stupid where not so stupid they could be rich!
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Anonymous Coward, 13 Oct 2009 @ 12:11pm

Some of his "works" are still available via Google Books. It contains such gems as

"Tomorrow in the Future you will have Have Absolutely to defend yourself against the non stop Spiritual Cruelty Satanic Demons have instore for your Immortal Soul that will not be able to Sleep or Die !"

I wouldve bought his book, but alas, it was free on the internet.
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Anonymous Coward, 13 Oct 2009 @ 12:11pm

Finally, someone who figured out how to use the Streisand effect as a marketing strategy!
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Mechwarrior, 13 Oct 2009 @ 12:19pm

Re:
I think the passage is trying to say that sleep, as in death, are both due to the absence of consciousness.

Or something....
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Chris (profile), 13 Oct 2009 @ 12:21pm

The REAL problem with the internet
And here you have uncovered the REAL problem with the interwebs...before these tubes came along, it was easier for us to pretend that people couldn't possibly be this retarded. Now, unfortunately we can't get away from 'THE STUPID'. Each passing day brings more of 'THE STUPID' and leaves me more and more afraid that there are no intelligent beings left on this planet.
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James, 13 Oct 2009 @ 12:34pm

The man is listed as a disabled dependent adult
In his filing he is listed as a disabled dependent adult. That makes me sort of sad. It also makes me wonder if he is competent to initiate a lawsuit.

On an other note, I am dying to read this book!
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James, 13 Oct 2009 @ 12:34pm

The man is listed as a disabled dependent adult
In his filing he is listed as a disabled dependent adult. That makes me sort of sad. It also makes me wonder if he is competent to initiate a lawsuit.

On an other note, I am dying to read this book!
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Luci, 13 Oct 2009 @ 12:45pm

Re:
Reading through the complaint would seem to confirm that. Seriously, my grammar sucks, but that complaint made my head hurt.

Seriously, though, his interpretation of 100% no download? They explained it to you, chief. You failed to comprehend. That doesn't give you the right to sue, nor does it mean you're going to win.
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Luci, 13 Oct 2009 @ 12:47pm

Re:
Preview has already been removed, and you couldn't download it before, anyways.
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interval, 13 Oct 2009 @ 12:49pm

Re: Wait, What?
@ChurchPerson: "Sounds like a moron with a lot of time on his hands."

Yep. And money. Couple this with the Carly Simon vs. Starbuck's story that just appeared on td and you pretty much have the point stories you need to describe "A Nation of Dunces." Or a pair of me-too examples. Seems like both have ample means and ways to make money more efficiently than by suite. "Se la guerre."
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Trails, 13 Oct 2009 @ 1:00pm

I know this guy!!
I believe I found a photo of Mr. Benjamin:

http://media.comicvine.com/uploads/0/229/88130-26709-grampa-simpson_large.jpg
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another mike (profile), 13 Oct 2009 @ 1:17pm

not a concern
If his book is written anything like that lawsuit filing, I don't think he has to worry about infringement.
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OC, 13 Oct 2009 @ 1:23pm

Re:
quote:
"This sounds like a good business plan to me.
After all it never my fault so I must sue everyone else.

Not if the stupid where not so stupid they could be rich!"

This is the US in a nutshell, at least for everyone outside of US. The things people sue for is mindboggling and yet somehow perfectly normal here.
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Sean T Henry (profile), 13 Oct 2009 @ 1:24pm

Re: re: The Magic Signature Act ....
Results for his book.
http://www.google.com/search?q=The+Magic+Signature+Act&pov=117588723651043943722&usg= __6_NoX7SgCkW6yRgCW8pnkuEHSEQ=
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Sirk, 13 Oct 2009 @ 1:33pm

Have I got a publishing deal for him
I will publish it for him and he can have 100% of the sales by his math...
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Steven (profile), 13 Oct 2009 @ 1:41pm

Re: Wait, What?
"What's the precedent for that?"

I've been going over legal records for hours now, and no reference to a moron with a lot of time on his hands. A few morons in a hurry... A few hundred morons that get sent to DC... Nope, nothing about a moron with a lot of time on his hands. I'll get to work writing up a law to deal with this.
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John Fenderson (profile), 13 Oct 2009 @ 2:07pm

I found the press release announcing the book here: http://www.free-press-release.com/news/200902/1235067700.html

I love this part:

In the author opinion the EBook is more than a story, but a business manual written to teach its students spiritual techniques that can be used to earn money doing readings or
as a supplemental guide to assist psychologist, priest and spiritual advisor in getting a better understanding of their clients or parishioners.

There you go. This must be a "spiritual technique" to earn money!
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Glaze, 13 Oct 2009 @ 2:19pm

it hurts!
now why is it that this "author" has never heard of an editor... every quote that I am reading is dysfunctional and makes little to no sense even after trying to add the extra consonents and vowels to words that seem unfinished.
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mattarse (profile), 13 Oct 2009 @ 2:22pm

Re:
Oh god, every time I read that sentence my head comes a little closer to exploding.
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Anonymous Coward, 13 Oct 2009 @ 2:43pm

"I graciously accept my earning ability was limited because I was shy and not very attractive.

If you are blessed with an outgoing personality and physically attractive then the sky is the limits on what you can earn as an entertainer who reads people signature at festivals, private parties and public events."

Pfft, I'm out. You can't just read the book, you also have to be hot.
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Anonymous Coward, 13 Oct 2009 @ 2:57pm

Somebody REALLY needs to check out one of this guy's earlier books on Google. Apparently he was fired from a job with Timberland back in 1993 and he never got over it.
This nutcase is a ticking timebomb just waiting to go off.

http://tinyurl.com/yfyzool
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Anonymous Coward, 13 Oct 2009 @ 4:05pm

Re: The REAL problem with the internet
"Only two things are infinite, the universe and human stupidity, and I'm not sure about the former."

Albert Einstein
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Anonymous Coward, 13 Oct 2009 @ 4:31pm

Actually it might not be that stupid....
1. Upload book you write to Google and publish 100%
2. Sue Google
3. Streisand Effect.
4. $$$$$$

Of course this wont apply if the book is awful.
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zcat (profile), 13 Oct 2009 @ 5:59pm

OK, so now I've looked at his book on Google
I retract my earlier assessment, the guy is plainly and clearly a nutbar, and his writing ability is about equal to his reading comprehension skills. (100% means none? LOLWUT?)
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ChurchHatesTucker (profile), 13 Oct 2009 @ 6:07pm

Re: The man is listed as a disabled dependent adult
"In his filing he is listed as a disabled dependent adult. That makes me sort of sad. It also makes me wonder if he is competent to initiate a lawsuit. "

Way to kill my vindictive buzz, dude.
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Anonymous Coward, 13 Oct 2009 @ 6:22pm

Re:
you forgot google's "acts of senseless cruelty".
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ritchie70, 13 Oct 2009 @ 6:41pm

Re: The man is listed as a disabled dependent adult
No, he isn't listed as a disabled dependent adult in his filing.

One page of the filing appears to be a form for proceeding in court without paying fees due to financial hardship of paying such fees.

On that page he list, as a dependent, a disabled adult named Antonio V. Benjamin. Probably an adult disabled child.

He also lists his car (a 1990 Mazda) and cash assets and debts. If you can get the $500 he claims for the car his net worth winds up roughly negative $250.
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Geekish, 14 Oct 2009 @ 8:52am

Re:
Holy crap. You weren't kidding.

"Shelly is guilty of being Unholy
to Punish AJ for a crime he didnot [sic] do is Evil
but to do it on CHRISTMAS EVE (the day before we celebrate the most Righteous Being who walked this earth)
make me think Shelly was trying to Punish Jesus Christ too!"
-from "AJ Search for Justice", page AJ-05-18.

I'm not sure whether to be terrified or laugh my ass off. Throughout the so-called book he calls this Shelly a 'new age Nazi', a 'demon' and 'an anti-Christian' among other things. All that anger towards this woman, and he only worked at Timberland two days! As a probationary employee, no less.
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monkyyy (profile), 14 Oct 2009 @ 4:05pm

there really needs to be some sort of punishment for trying to sue for really dumb reasons
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Anthony M. Benjamin Sr., 24 Oct 2009 @ 12:05am

copyright infringement
In my opinion Google was very unclear, if I am a idiot for thinking "100% NO DOWNLOAD" meant none of the book would be published on the internet, then so be it.

Regardless or what percentage of the book I wanted published, Google listed the book with a registration number that was not my ISBN or Copyright Number.

The number Google listed my book with was an inquiry number that was waiting for a response from me and I was waiting for a response from them. There publishing my entire book on the internet was a malicious act of spitefulness in my opinion because of theories I wrote in this book or other books I wrote.

As a man with black skin in a white racist society that justifies racism, dehumanizing words like idiot and moron are things I have accepted about myself from people who believe they are superior or so God Like and judge other human beings.

The same mentality that justifies you calling me an idiot and moron, is the same mentality that justified slavery(making and entire group of people 3/5 of a human being) sexism (denying females the right to vote until 1917)
and poverty(justifying some people having to live or enough food to eat).

The right to respect is still the previlege of a few so called superior beings who are so perfect that they do not have to worry about getting old, getting sick or have fears about being victim of crimes.

Congratualations on a job well done, your comments made me feel like idiot and moron, your words make me regret the day I was born, but I know Google put my entire book on the internet for other personal reasons and violated my rights as a copyright owner.
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Anonymous Coward, 19 Oct 2014 @ 8:17am

Re: copyright infringement
I'm going to assume you are who you say you are, although since this is the Internet I have no way of knowing for sure. It seems like the odds are good, anyway.

In my opinion Google was very unclear, if I am a idiot for thinking "100% NO DOWNLOAD" meant none of the book would be published on the internet, then so be it.

I can actually see how someone would be confused. But the label on that field was "Book Browsable %". So the "100%" referred to the amount that was browsable, and the "No Download" meant that although the user could browse, they could not actually download it to their computer. Furthermore, there was a "?" icon, which you could have clicked if you were confused, that presumably would have given specific instructions on how to use that field.

As a man with black skin in a white racist society that justifies racism

I don't think anyone here even knew your race until you brought it up.

There publishing my entire book on the internet was a malicious act of spitefulness in my opinion because of theories I wrote in this book or other books I wrote.

See, this is where your theory breaks down. Do you think Google hates you so much that they were just waiting for you to submit a book to them so they could publish more than you wanted? Do you think that they purposely changed their options to be confusing to everyone, just to get you in particular?

That's silly. Until you sued them, Google probably had no idea who you were. Also, if it got out that they were targeting users in this manner, it would be the end of them as a company. They don't want to be ended. So it's pretty unlikely that they would even try it.

And also: 9 views with 389 pages viewed? That's not even enough pages for two people to have read the entire book. The effect was minimal.

your words make me regret the day I was born

I hope not. People on the Internet insult other people all the time. If you search for "idiot" or "moron" on this site alone you will get hundreds of results.
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Anonymous Coward, 19 Oct 2014 @ 9:47am

Re: re: The Magic Signature Act ....
The guy is an Idiot and cheap ....

Before you call other people idiots, you may want to make sure you're not being one yourself. It's pretty obvious that the summons waiver is standard procedure if you just read the thing.
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