Tag Archives: Google

How to protect authors after Google Books wins its ‘fair use’ case, again

The Conversation

Rita Matulionyte, University of Newcastle

Google’s efforts to scan millions of books for an online library have passed another legal hurdle with the United States appeal court agreeing earlier this month that the search-giant’s Google Books project does not violate copyright law.

The appeal judges’ ruling supports an earlier district court ruling two years ago. The case was brought by the Authors Guild, which argued that Google’s initiative constituted copyright infringement and could deprive authors of revenue.

But Google has successfully argued that its efforts could actually boost sales by making the text of books searchable, making it easier for people to find published works.

This latest outcome came without much surprise in the US, and the ruling is consistent with the earlier court rulings on fair use. The Authors Guild plans to appeal the case before the US Supreme Court but it is unlikely that it would succeed.

Google Books and Australia

The Google Books decision is based on a so called “fair use” doctrine which means that everyone can use copyrighted works free as long as the use falls under a particular definition of “fair”, including for “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research”. But such broad and flexible doctrine does not exist in Australia or in most other countries, including Europe.

Instead, Australian copyright law contains narrower and more specific “fair dealing” exceptions as well as a few even more narrowly defined specific copyright exceptions.

It is unlikely that the Google Books project would fall under any of these exceptions. This means that if Google is sued in Australia for the same Google Books project, it is likely to lose the battle. Due to much stricter European copyright laws, a few years ago Google lost a case on Google Books in France.

On the other hand, Australian laws are more flexible than French ones and Australian courts may be as well able to find in favour Google. In short: the legal situation of Google Book still remains uncertain in Australia.

How Google Books works

It is worth clarifying here that not everything that can be found on Google Books website was digitised and made accessible by Google for free and without the permission from the copyright holders.

If you can access chapters from a book, it means that Google has got permission from the publisher of the book to do so (and maybe agreed to remunerate the publisher – hence the author(s) – for this too).

It is only when Google does not have an agreement with the publisher, it takes a risk to digitise the book but then only show snippets of the text. This can be a few lines or a short paragraph where the search terms can be seen.

The US appeal court’s decision on Google Books confirmed that the use of snippets (but not chapters or full books) is fair use.

Google Books is an innovative and useful service but the question is whether Google should pay authors and publishers for its use of their work.

The Australian Law Reform Commission (ALRC) proposed last year that Australia follow the US and introduces a fair use doctrine.

Accepting fair use in Australia would mean that Google is free to digitise all Australian books for free, put the text in its search engine and allow users to view at least snippets from the books.

But Australian authors and publishers opposed strongly.

Australian authors argue that fair use would further worsen their financial situation that is already rather miserable. As a result, government has not shown any signs in taking up this proposal.

It is true that fair use doctrine has its own risks. For many it looks open, flexible and seems to welcome innovative services such as Google Books. On the other hand, it creates even more uncertainty for those who want to rely on it.

What use is fair? Each particular case needs to be checked in court, but Australian courts do not have years of experience in applying fair use, as US courts do.

Alternatives to fair use

If fair use is not a perfect solution, what could be a compromise? This is a question with no easy answer.

Instead of fair use, European academics suggest reviewing the existing copyright exceptions and adding one broader exception that could apply in “emergency” situations such as Google Books case.

The ALRC also suggested, in its report last year, an alternative to fair use; the consolidation and expansion of existing fair dealing exceptions. Maybe this could be a starting point for a discussion?

One of the problems Google Books faced was the difficulty in finding all the copyright holders of a work and signing a contract with each of them. The Google Book Settlement was meant to ensure that all copyright holders whose books were used in Google Books were remunerated.

This was proposed by Google but eventually rejected by the US court.

Wouldn’t it make sense to create licensing solutions that would make it easier for such projects as Google Books to get licenses and pay fees for millions of authors and publishers? Authors would then get paid and the global service would stay running for all to use.

The ConversationRita Matulionyte, Lecturer in Law, University of Newcastle

This article was originally published on The Conversation. (Reblogged by permission). Read the original article.

 

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The Rejection of Expertise

by Tim Harding

(An edited version of this essay was published in The Skeptic magazine,
September 2015, Vol 36 No 3 p.36,  titled ‘Who needs to Know?’ It has since been republished in the Australian Doctor magazine 30 October 2015. 
The essay is based on a talk presented to the Victorian Skeptics in May 2015 ).

Anti-vaccination campaigner, Meryl Dorey is on record as saying that we should ‘do our own research’ instead of accepting what the doctors and other qualified experts tell us.  Seasoned skeptics will be aware that ‘Do your own research!’ is a common retort by cranks and conspiracy theorists to those who dare to doubt their claims.  It is a convenient escape hatch they use when trying to win a debate without the bothersome burden of providing their own evidence.

Of course, what they mean by this exhortation is not to do any actual scientific or medical research.  It takes a bit of tertiary education in the relevant field to be able to do that.  For them, ‘research’ means nothing more than googling for an hour or so on the Internet. They naively equate such googling with the years of study and experience it takes to become a qualified expert.  Their message is that anybody with internet access can become an instant but unqualified expert on anything.  Or worse still, that expertise doesn’t even count – all opinions are equal.

The reality is that googling is a notoriously unreliable source of information – there are sound reasons why Wikipedia is not allowed to be cited as a source in university assignments.  The problem is that without expertise in the field in question, few googlers are capable of knowing which sources are reliable and which aren’t.  Anything found on the internet becomes ‘knowledge’.  Mere opinions become ‘facts’.

Another problem is that googlers are often unaware of the wider knowledge context of the specific pieces of information they have found on the internet. In contrast, experts are as much aware of what they don’t know as what they do know.  As Professor Stephan Lewandowsky of the University of Bristol puts it:

‘Here is the catch: to know how much more there is to know requires knowledge to begin with.  If you start without knowledge, you also do not know what you are missing out on.’

This paradox gives rise to a famous result in experimental psychology known as the Dunning-Kruger Effect. Named after Justin Kruger and David Dunning, it refers to a study they published in 1999. This study found that people who lack the knowledge or wisdom to perform well are often unaware of this fact. This is almost more dangerous than complete ignorance, because unlike Donald Rumsfeld, they don’t even know what they don’t know.

Professor Tom Nichols, a US national security expert wrote last year about the ‘death of expertise’; a Google-fueled, Wikipedia-based, blog-sodden collapse of divisions between professionals and amateurs, teachers and students, knowers and wonderers – between those with any expertise in an area and those with none at all.  He sees this situation as not only a rejection of knowledge, but also the processes of knowledge acquisition – a rejection of science and other pursuits of rationality.

Nichols is particularly critical of otherwise intelligent people who are ‘doing their own research’ on the internet and second-guessing their doctors by refusing to vaccinate their children, leading to an entirely avoidable resurgence of dangerous infectious diseases such as whooping cough and measles.

So how did it all come to this sorry state of affairs?  I think that there are basically four contributing factors: the blurring of facts and opinions; a misunderstanding of democracy; a misunderstanding of the Argument from Authority; and the dissipation of media accountability.  I will now discuss each of these factors in turn and then outline some benefits of listening to experts.

Blurring facts and opinions

According to the Stanford Encyclopaedia of Philosophy, a fact is a state of affairs that is the case.  The usual test for a statement of fact is verifiability; that is, whether it can be demonstrated to correspond to experience.  Scientific facts are verified by repeatable careful observation or experiment.  In other words, a fact is that which makes a true statement true.  For instance, the statement ‘It is raining’ describes the fact that it actually is raining.  The rain that falls can be objectively measured in a rain gauge – it is not just a matter of opinion.

On the other hand, an opinion is a judgment, viewpoint, or statement about matters commonly considered to be subjective, such as ‘It is raining too much’.  As Plato said: ‘opinion is the medium between knowledge and ignorance’.

The last few decades have seen the growth of a postmodernist notion that truth is culturally relative and that all opinions are equal.  What’s worse is a gradual blurring of the important distinction between facts and opinions.  A disturbing feature of the public debate about climate change is the confusion between science and policy.  Because they conflict with some political policies, there is a tendency for the findings of climate scientists to be treated as ‘just another opinion’.  This is a marked change from a few decades ago, when the findings of epidemiologists about the links between smoking and cancer were widely accepted as facts rather than opinions.

Misunderstanding democracy

Reducing the influence of experts is sometimes mistakenly described as ‘the democratisation of ideas’.  Democracy is a system of government – it is not an equality of opinions.  Whilst the right of free speech prevents governments from suppressing opinions, it does not require citizens to treat all opinions equally or even take them into account.  Equal rights do not result in equal knowledge and skills.  As Professor Brian Cox has said:

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Deakin University philosopher Dr. Patrick Stokes has argued the problem with ‘I’m entitled to my opinion’ is that it has become shorthand for ‘I can say or think whatever I like’ without justification; and that disagreement is somehow disrespectful.  Stokes suggests that this attitude feeds into the false equivalence between experts and non-experts that is an increasingly pernicious feature of our public discourse.

Professor Michael Clark of LaTrobe University gives an example of a public meeting recently, when a participant asked a question that referred to some research, a senior public servant replied: ‘Oh, everyone has a scientific study to justify their position, there is no end to the studies you could cite, I am sure, to support your point of view.’  Clark describes this is a cynical statement, where there are no absolute truths and everyone’s opinion must be treated as equally valid.  In this intellectual framework, the findings of science can be easily dismissed as one of many conflicting views of reality.

Misunderstanding the Argument from Authority

A common response from cranks and conspiracy theorists (and even some skeptics) to citations of expertise is ‘that’s just the argument from authority fallacy’.  Such a response ignores the obvious fact that all scientific papers and other forms of academic writing are chock full of citations of experts.  The notion that the written outputs of the world’s universities and scientific institutions are all based on a logical fallacy is preposterous.  Anybody who thinks that has clearly not thought through the implications of what they are saying.

The Argument from Authority is often misunderstood to be a fallacy in all cases, when this is not necessarily so.  The argument becomes a fallacy only when used deductively, or where there is insufficient inductive strength to support the conclusion of the argument.

The most general form of the deductive fallacy is:

Premise 1: Source A says that statement p is true.

Premise 2: Source A is authoritative.

Conclusion: Therefore, statement p is true.

Even when the source is authoritative, this argument is still deductively invalid because the premises can be true, and the conclusion false (i.e. an authoritative claim can turn out to be false). This fallacy is known as ‘Appeal to Authority’.

The fallacy is compounded when the source is not an authority on the relevant subject matter. This is known as Argument from false or misleading authority.

Although reliable authorities are correct in judgments related to their area of expertise more often than laypersons, they can occasionally come to the wrong judgments through error, bias or dishonesty. Thus, the argument from authority is at best a probabilistic inductive argument rather than a deductive argument for establishing facts with certainty. Nevertheless, the probability sometimes can be very high – enough to qualify as a convincing cogent argument. For example, astrophysicists tell us that black holes exist. The rest of us are in no position to either verify or refute this claim. It is rational to accept the claim as being true, unless and until the claim is shown to be false by future astrophysicists (the first of whom would probably win a Nobel Prize for doing so). An alternative explanation that astrophysicists are engaged in a worldwide conspiracy to deceive us all would be implausible and irrational.

An artist’s depiction of a black hole

As the prominent British environmental activist Mark Lynas has said ‘…if an overwhelming majority of experts say something is true, then any sensible non-expert should assume that they are probably right.’

Thus there is no fallacy entailed in arguing that the advice of an expert in his or her field should be accepted as true, at least for the time being, unless and until it is effectively refuted. A fallacy only arises when it is claimed or implied that the expert is infallible and that therefore his or her advice must be true as a deductive argument, rather than as a matter of probability.  Criticisms of cogent arguments from authority can actually be a rejection of expertise, which is a fallacy of its own.

The Argument from Authority is sometimes mistakenly confused with the citation of references, when done to provide published evidence in support of the point the advocate is trying to make. In these cases, the advocate is not just appealing to the authority of the author, but providing the source of evidence so that readers can check the evidence themselves if they wish. Such citations of evidence are not only acceptable reasoning, but are necessary to avoid plagiarism.

Expert opinion can also constitute evidence and is often accepted as such by the courts.  For example, if you describe your symptoms to your doctor and he or she provides an opinion that you have a certain illness, that opinion is evidence that you have that illness. It is not necessary for your doctor to cite references when giving you his or her expert opinion, let alone convince you with a cogent argument. In some cases, expert opinion can carry sufficient inductive strength on its own.

Dissipation of media accountability

I have no doubt that the benefits of the internet generally outweigh the costs.  However, there are some downsides that need be considered rather than just glossed over.  An obvious negative is the decline of newspapers and competent professional journalism.  Specialist science or medical journalists are a rarity these days.  Generalist journalists often get their science stories wrong, or engage in misleading false balance – the equating of professional expertise with amateur ignorance.

Another problem is the blurring of the distinction between journalism and blogging – and I say this as a blogger myself.  Unlike bloggers, journalists are subject to professional standards and editorial control. Some bloggers are anonymous, which removes their accountability to even their own readers for the accuracy of what they write.

There is a risk that when non-experts google, they are inclined to give equal weight to information from both professional journalists and amateur bloggers, regardless of its reliability and accuracy.

Benefits of expertise

Whilst experts are human and can mistakes, they have a pretty good batting average compared to laypersons.  The advice that experts provide is far more likely to be true than advice from non-experts in the field in question.  This has obvious benefits for society as a whole, for example in terms of public health and safety, environmental protection and managing the economy.  There are good reasons why we don’t let amateurs design aircraft, bridges and tall buildings.  But there are also some major benefits for the individual in listening to advice from experts as opposed to non-experts.

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For instance, if you trust your doctor, you’re actually more likely to do better when you’re sick, according to a study recently published by General Hospital Psychiatry.  This study, of 119 people with either breast, cervical, intestinal or prostate cancer, found that from three months following diagnosis, those patients who did not trust their doctors were not only more distressed but also more physically disabled.  They were less likely, for example, to be able to go for long walks or take care of themselves.  Patients who felt anxious about being rejected and abandoned suffered the most from not trusting their doctors.

Trusting your doctor has clear health benefits. You’ll be more likely to try new drugs, follow your treatment plan (jointly agreed with your trustworthy doctor), share important medical information, take preventative measures (e.g. screening) and have better-controlled diabetes and blood pressure.

Up to half of the failures in treatment reported by patients are due to not following the regime suggested by doctors.  This increases the risk of hospitalisation and extended ill health.  Another study at the University of California has found a small but statistically significant association between how much patients trusted their doctors and how much their symptoms improved within two weeks (allowing for different factors that could have influenced the outcome).

As Professor Michael Clark has said, people who use Dr. Google to diagnose their symptoms before visiting an actual doctor, sometimes ask to be tested for diseases they do not have, or waste time seeking a second opinion because they are convinced that their ‘research’ has led them to a correct diagnosis. If it were really that easy, would doctors have to spend all those years in medical school? Prof. Clark has also said that:

“Using Google to find the answer to Trivial Pursuit questions is not the same as researching a complex question. Experts do have skills and one of those is the ability to use high quality sources, up to date theoretical frameworks, and critical thinking based on their experience in a particular field. This is why an expert’s answers are going to be more accurate and more nuanced than a novice.”

References

Clark, M., and Lawler, S., ‘Why we need to listen to the real experts in science’.  The Conversation. January 1, 2015.

Harding, T., ‘Argument from authority’. The Logical Place. June 23, 2013.

Hinnen et al. ‘Lower levels of trust in one’s physician is associated with more distress over time in more anxiously attached individuals with cancer’. Gen Hosp Psychiatry. 2014 Jul-Aug;36(4):382-7.

Lewandowsky, S., and Pancost, R., ‘Are you a poor logician?‘ Logically, you might never know’. The Conversation. November 6, 2014.

Nichols, T., ‘The Death Of Expertise’. The Federalist, January 17, 2014.

Stokes, P., ‘No, you’re not entitled to your opinion’. The Conversation. October 5, 2012.

Thom, D.H., et al. ‘Measuring Patients’ Trust In Physicians When Assessing Quality Of Care’.  Health Aff (Millwood), University of California. 2004 Jul-Aug;23(4):124-32.

Further reading

Nichols, T., ‘The Death Of Expertise’. Oxford University Press, 2017.

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Why we need to listen to the real experts in science

The Conversation

By Michael Clarke, La Trobe University and Susan Lawler, La Trobe University

If we want to use scientific thinking to solve problems, we need people to appreciate evidence and heed expert advice.

But the Australian suspicion of authority extends to experts, and this public cynicism can be manipulated to shift the tone and direction of debates. We have seen this happen in arguments about climate change.

This goes beyond the tall poppy syndrome. Disregard for experts who have spent years studying critical issues is a dangerous default position. The ability of our society to make decisions in the public interest is handicapped when evidence and thoughtfully presented arguments are ignored.

Anyone can claim to be an expert these days. Flickr/Alan Cleaver , CC BY

Anyone can claim to be an expert these days. Flickr/Alan Cleaver , CC BY

So why is science not used more effectively to address critical questions? We think there are several contributing factors including the rise of Google experts and the limited skills set of scientists themselves. We think we need non-scientists to help us communicate with and serve the public better.

At a public meeting recently, when a well-informed and feisty elderly participant asked a question that referred to some research, a senior public servant replied: “Oh, everyone has a scientific study to justify their position, there is no end to the studies you could cite, I am sure, to support your point of view.”

This is a cynical statement, where there are no absolute truths and everyone’s opinion must be treated as equally valid. In this intellectual framework, the findings of science can be easily dismissed as one of many conflicting views of reality.

Such a viewpoint is dangerous from our point of view.

When scientists disagree with one another, as they must to ensure progress in their field, it is easy to argue that it is not possible to distinguish between conflicting hypotheses. But scientists always agree that critical thinking done well eventually leads to a better understanding and superior solutions. All opinions are not equal.

If you are flying in an airplane at 30,000 feet, you will not be content with just any scientific study about whether the wing will stay on the plane. Most people will want to put their trust in the calculations of an expert aeronautical engineer who understands the physics of stresses on the wing.

So why do we not want to trust experts in bushfire management, or climate change? Because most people are happier with experts whose conclusions fit their own ideas.

This encourages people to express their opinions, and the internet allows those opinions to get a wide viewing. This makes for interesting times, but not always effective solutions.

Google experts

The internet is filled with information and ideas. Everyone can quickly find “answers”, and this means that everyone is an “expert”.

But using Google to find the answer to Trivial Pursuit questions is not the same as researching a complex question. Experts do have skills and one of those is the ability to use high quality sources, up to date theoretical frameworks, and critical thinking based on their experience in a particular field. This is why an expert’s answers are going to be more accurate and more nuanced than a novice.

For example, people who use Dr Google to diagnose their symptoms before visiting an actual doctor, sometimes ask to be tested for diseases they do not have, or waste time seeking a second opinion because they are convinced that their “research” has led them to a correct diagnosis. If it were really that easy, would doctors have to spend all those years in medical school?

There is another problem called the Dunning-Kruger effect, which states that “people who lack the knowledge or wisdom to perform well are often unaware of this fact”.

In other words, people who think all answers can be found on Google are likely to be unaware of the effort involved in solving complex problems, or why years of specialist training might help.

This is almost more dangerous than complete ignorance, because unlike Donald Rumsfeld, they don’t even know what they don’t know.

Easy access to huge volumes of confusing information sits very comfortably in a post-modern world. Unfortunately, the outcome is that most people are reluctant to do the intellectual hard work of sifting through competing hypotheses. So how are we to engage in robust scientific debates in such a public arena?

Science is not enough

It has been said many times that scientists need to communicate their research more broadly. The challenges are well known – peer reviewed scientific publications are necessary for our careers and time spent engaging with the public is time away from the field, our computers and laboratory benches.

Nevertheless, if we hope to influence government policy we cannot assume that the implications of our research will be understood by those who most need to know what we are doing.

Reaching out to busy bureaucrats and politicians is not something that comes naturally to scientists. To turn science into policy we need a diverse team of people with different but complementary skills who share a commitment to the task.

Skills that are not commonly found in scientists may be found in political scientists, lawyers, sociologists, public relations companies, the arts community and the media.

Forming relationships with people who can translate our findings into something that cannot be ignored may be critical to success.

Consider what we are up against, lobby groups with deep pockets have come up with brilliant assaults on the thoughtful management of our environment.

“Cutting Green Tape” or “No fuels, no fire” – these clever bits of spin threaten decades of rigorous research and policy development. This is not a failure of science, but a triumph of imagination. We have been dramatically out-manoeuvred, shown to be amateurs, in the world of presenting competing ideas.

At a recent fire forum we learned that current policy is: “Based on science, but driven by values.” This means that despite the best evidence, the values of our current society will decide when to act. This introduces another definition of truth seeking, based on who made the best argument in a political or legal process.

Science is meant to be done dispassionately and objectively, so scientists are not well equipped to participate in debates about values. This is the realm of ethicists, philosophers, artists and theologians.

But if we are passionate about applying the lessons learned from our research, we will need marketers, lobbyists, communication experts, accountants and economists. A multi-disciplinary team is required to convince society to change.

Perhaps the people with these complementary skills will be able to help break down the anti-intellectualism we face, for the benefit of all.


This is based on an address delivered by Professor Michael Clarke at the 2nd Biodiversity Forum held at the Royal Society of Victoria, Melbourne in 2014.

This article was originally published on The Conversation. (Reblogged with permission). Read the original article.

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