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Books Media Government The Almighty Buck The Courts The Media News

Google's Struggle To Reach Authors — of Every Book Ever Written 153

eldavojohn writes "There's no lack of news surrounding the settlement of Google's controversial move to digitize books — but how do you even start this endeavor? A New York Times story reveals the obstacles they face just to get the word out that they want to settle with publishers and authors everywhere. They turned to a world-wide ad campaign to start the $125 million settlement process and they're spending $7 million to $8 million in paper print ads and telephone hot-lines (handling 80+ languages) to reach as many people as possible. From the article: 'We looked at how many books were published in various areas and we knew from the plaintiffs and Google that 30 percent were published in the US, 30 percent in industrialized countries. The rest of the world is the rest.' That's quite the herculean task! Hopefully Google's efforts in digitizing books will breathe new life and revenue into authors and publishers the world over."
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Google's Struggle To Reach Authors — of Every Book Ever Written

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  • free books? (Score:2, Interesting)

    by cyberpear ( 1291384 )
    So, is google going to have an ad-based way to read books online for free?
    • Comment removed (Score:5, Interesting)

      by account_deleted ( 4530225 ) on Wednesday March 04, 2009 @04:09PM (#27068551)
      Comment removed based on user account deletion
      • Re:free books? (Score:5, Interesting)

        by blhack ( 921171 ) on Wednesday March 04, 2009 @04:28PM (#27068777)

        Maybe. Probably a better question is why are we allowing google to continue doing this at all? Shouldn't it be an opt-in service rather than opt-out? Shouldn't it have always been that way?

        I am not an author, so I don't know, but.

        Are libraries required to ask permission of the author to offer their books? I have to imagine not.
        This brings up a very interesting topic for debate...thinking about digital libraries, that is. Why, legally, can a dead-tree library exist, but a digital one cannot? Why can I not get digitized books for free on my Kindle?

        I would have absolutely no problem at all with a DRM-locked file that sits on my kindle one at a time. I only get to keep one (or two or 3 or 20 or whatever *your* local library has at its limit) at a time, and only get a new one if I delete the old one etc. etc. etc.

        Are there laws that explicitly allow dead-tree libraries, but forbid digital ones?

        • Re: (Score:3, Insightful)

          by Anonymous Coward

          Why, legally, can a dead-tree library exist, but a digital one cannot? Why can I not get digitized books for free on my Kindle?

          The cost/effort of copying a dead-tree version of War & Peace, for example, outweighs the cost/effort of purchasing a copy. Likely it may even cost more with inferior results. Digital copies take little to no effort and the result is identical.

          • by nizo ( 81281 ) *

            But if everyone could easily "check out" a digital copy from the library cheaply, why would they want to keep their own copies of digital books at home? Eventually people would realize that hording thousands of digital books just wouldn't be worth the trouble and expense.

            • Everyone dreams of a JBOD with all music ever published.

              Or something like that..

            • Re: (Score:3, Insightful)

              by Xerolooper ( 1247258 )
              You kind of hit on where this is all heading. We have shows and movies on demand. Music is getting there even though certain organizations are fighting it. Information in general is to a great degree at our fingertips on the interwebs. Even real time data from traffic cameras etc.

              At some point we simple become the nexus of all this data. On one hand we are freed from having to hoard information like many professional had to in the past. On the other hand personally I find it addicting. I haven't gone mor
            • by geekoid ( 135745 )

              People horde things; however, I think you are ultimately correct. After a generation people would stop hording.

        • Re: (Score:3, Informative)

          My local library has a "digital library" available. I can download their application and listen to a book on my laptop, can read a book in their proprietary reader, etc. Their system simply disallows the physical copy to leave the library while the digital copy is out, thereby ensuring that they've purchased the rights to lend that book.

          You can't get it on a kindle, but if you have a netbook running windows, the digital library is here. If you're using an e-book reader, or use any other OS, you're scre
          • Some libraries I have access to offers similar services... But I don't like them and can't really use them, because of the DRM...

            Is DRM really the only solution here... ? Should we accept evil* like DRM!

            Seriously, can't I just promise to be nice... and delete the file...
            Or maybe implement the DRM in javascript, so that it runs everywhere, (and is easily cracked).
            Is DRM really acceptable here?
            * Yes, my world is very simple, everything related to DRM, Microsoft or security through obscurity is evil
            • I would say DRM is fine in a "rented" situation, as long as it does not rootkit my machine or otherwise open me up to security issues.

              I believe that the DRM needs to be 100% cross platform, and should be such that you can access the content offline (a self deleting file format come to mind).

              There are many solutions which could work (Adobe's PDF has a built in self destruct option, and could be implemented across the board).

              These are the only times and ways that I would accept DRM. If the file is purcha
              • There is no DRM that works 100%, and if you want an openstandard to make it cross platform it gets even harder since you can't hide your methods anymore.

                Someone should state this as a fact, there is no DRM that can work.

        • Re:free books? (Score:4, Insightful)

          by nine-times ( 778537 ) <nine.times@gmail.com> on Wednesday March 04, 2009 @04:57PM (#27069111) Homepage

          Those are some interesting questions, and I think many of them highlight how much digital media changes things. IANAL, so proceed with caution.

          As far as the legal distinction, it is in the fact that you can buy a copy of a copyrighted work and you can lend that copy, but you cannot copy that copy and distribute your copies. So your library can buy 10 copies and lend each one out, but they can't buy one copy, make 9 other copies, and lend them out. It's complicated further by the fact that we're constantly copying data, backing it up, caching it, etc. So pretty much anything that's not covered in some kind of "fair use" provision usually ends up needing a license.

          It might be interesting if someone came up with a "digital library" model where they licensed X copies of a book, the license allowing them to then "lend" that book to X customers at a time. It would probably need to be DRMed and be subscription based, and you'd have to get authors/publishers to agree to it. I'm not sure they would agree to it.

          To talk about it on a slightly less legalistic tone, I think it's an important distinction that public libraries do have to buy the books they own, or even if the books are donated, someone has purchased them. That means that the publisher, and therefore the writer, still gets some amount of money. Also, because of the increased use each book gets, I would guess that libraries have to periodically replace old books, assuming they're getting lots of use.

          If you're suggesting that everyone could download books for free and never have to replace them, then I don't know where authors would get money. As a society, I do think it's good for us to have some kind of laws surrounding "intellectual property" that allows for business models where the creators get paid.

        • Are there laws that explicitly allow dead-tree libraries, but forbid digital ones?

          Actually, the problem is that they can't let more than one person have the book at a time. With physical books, that's obvious, but with digital ones, it necessitates special measures to ensure that only one person can have the e-text at any one time. Creating that management system is a bit too much work for most libraries, I guess, because digital libraries are few and far between compared to their dead-tree relatives.

          • This is exactly true. AFAIK, libraries still *pay* for the copies of books that come into their system. They have budgets taken from taxpayer dollars for (a) the library staff, (b) the costs of maintaining the property where the library is located, and (c) buying new books.

            Basically, the authors still get paid from the funds generated by the books that sit on library shelves. It's possible that Google wants to digitize (a) and (b) out of the revenue streams and figure out how to fund (c) so that all de

            • by genner ( 694963 )

              single reason to ensuring that power mongers like Google or the government can't deliberately or inadvertently make subtle changes to the text without it being independently verified to be the "incorrect" version.

              How do you know power mongering publishers aren't making subtle changes to the written version?

              • Presumably there are enough copies in circulation that have been vetted by the author at the time of publication that they are readily agreed to be correct.

                I've found type-o's in Neil Gaiman books. That sort of good-natured wrongness is fine to fix from printing to printing... it's mere copy-editting. But the type of changes I'm thinking of erode the context of the manuscript by changing the fundamental story. That's what is feared could be easily lost when all the power is in one set of hands.

              • by blhack ( 921171 )

                How do you know power mongering publishers aren't making subtle changes to the written version?

                They are. In fact, they're even up-front about it. This is why you'll book collectors talking about "edition"...1st edition, 2nd edition etc. etc. and "marks".

                Generally, if a publisher finds a type or something in a book, they will fix it and release a new "edition". "Marks" are the things that they have changed and are what make rare books identifiable.

                • by WNight ( 23683 )

                  Presumably they'd be quieter about the government-mandated thought-control edits. :)

                  But the question is a good one, books are hard to diff, especially if font/margin/etc have been changed to make it difficult to match text.

                  How do you know Mark Twain hasn't been changed, only recently, to be anti-racism? (After all, the moon is a ridiculous liberal myth.) Presumably someone trying to redact the past wouldn't blatantly rewrite up as down, going in one revision from pro-slavery to anti. Instead of changing the

            • by WNight ( 23683 )

              Printed copies should always exist [...] ensuring that power mongers [...] can't [...] make subtle changes

              You're far safer with e-texts actually! You can hash (SHA, etc) a file instantly, and compare that hash to someone around the world quickly.

              Imagine trying to look for a subtle comma-change in a printed book ("I helped my uncle Jack, off the horse"). It could totally change the meaning and yet be almost invisible, especially because once you knew how the sentence was meant to be you'd never notice the comma not matching. You can't diff dead trees.

              Also, you can print an ebook. Once you've verified the hash an

        • It's not a matter of how many books you have on your Kindle as it is a matter of how many people have book X on their Kindles. If the latter can be regulated (i.e. DRM'ed), digital libraries would be possible. However, as we all know, digital data can be copied at virtually no cost. And that basically means DRM will not work.

        • Just wait, they are just starting to gather strength. Fahrenheit 451 here we come!

        • This brings up a very interesting topic for debate...thinking about digital libraries, that is. Why, legally, can a dead-tree library exist, but a digital one cannot? Why can I not get digitized books for free on my Kindle?

          Because not everyone has a Kindle and people would probably print the book otherwise.

          So, maybe a completely locked up device like Kindle would encourage publishers to create digital libraries (and charge a lot of money, esp. to universities for students to access them).

        • by geekoid ( 135745 )

          Becasue we haven't figured out a way to reliable expire a book you check out.

          Now of you checked out a kindle like device with the book on it, then sure that would work.

          That said, it is totally within the concept of a library to ahve works available to anyone at anytime.

          There will be a time very soon where Actors, Musicians, Authors will no longer get million dollar royalties* or contracts. they'll be paid, just not in large sums. The good new is, it will get rid of most of the hacks.

          *I know, very few get la

        • > Are there laws that explicitly allow dead-tree libraries, but forbid digital ones?

          Yes. Copyright laws. Loaning out a paper book does not involve making a copy.

        • by PCM2 ( 4486 )

          This brings up a very interesting topic for debate...thinking about digital libraries, that is. Why, legally, can a dead-tree library exist, but a digital one cannot? Why can I not get digitized books for free on my Kindle?

          The answer to your last question has been discussed at length in other threads. In answer to the first, however, FYI you can "check out" and view electronic editions of books from the San Francisco Public Library. There is some form of DRM involved, and the restrictions are the same as for regular books: The library owns X number of copies of the e-book, and each can be checked out by one reader at a time. When I have a copy of an e-book checked out, nobody else can check it out until I "return it." That's

        • Are libraries required to ask permission of the author to offer their books? I have to imagine not.

          No, but they pay royalties to publishers/authors based on what is borrowed. Google does not.

      • Re: (Score:2, Interesting)

        but if I write a book, I want to be in control of where, when, and how it gets presented to the reader, at least initially anyway

        See, this here sentiment - this pervasive idea of 'I want to control the data I create' - is just fucking crazy. If you don't think that it is an unnatural, unjustifiable hack to our system of ethics to teach people that they should be allowed to own information, just look at this statement and think of someone applying it to a knock-knock joke, a piece of gossip, a new translation of the bible, or a speech. It's just crazy, though maybe it doesn't seem it because we're used to it.

        • Why is it that people who think copyright is crazy always come up with examples that don't fall under copyright?

          Aside from the speech - which is publicly disseminated - you have no clue as to who the authors of your examples are.
      • by Medgur ( 172679 )

        Why?

      • Re: (Score:3, Insightful)

        by swillden ( 191260 )

        Shouldn't it be an opt-in service rather than opt-out?

        It is an opt-in service, for books that are in print. For books that are not being published anyway, it's opt-out.

        if I write a book, I want to be in control of where, when, and how it gets presented to the reader

        That's nice that you want that, but you have to explain why society should spend money on police and courts, etc., to make sure that you get what you want, given that information is naturally infinitely replicable.

        The purpose of copyright is to benefit society, not authors. The way it works is that we grant you a temporary, strictly limited monopoly in exchange for your effort to produce and

        • "The way it works is that we grant you a temporary, strictly limited monopoly in exchange for your effort to produce and publish the work."

          Which is exactly what he wants and answers your own question about the courts.
          • Which is exactly what he wants

            "I want to be in control of when, where and how it's presented to the reader" is not a limited monopoly. Perhaps you missed the point that the "temporary" and "limited" are not redundant -- the limitations are in scope as well as time.

      • Re:free books? (Score:4, Insightful)

        by bcrowell ( 177657 ) on Wednesday March 04, 2009 @05:56PM (#27069999) Homepage

        Maybe. Probably a better question is why are we allowing google to continue doing this at all? Shouldn't it be an opt-in service rather than opt-out? Shouldn't it have always been that way?

        I'll give you several arguments to the contrary:

        1. On this page [googlebooksettlement.com], linked to from the NY Times article, Google denies that it has done anything illegal. Google says [wikipedia.org] that it comes under the fair use exception to copyright. Under U.S. law, fair use is based on several criteria [wikipedia.org]. Google argues that their use matches enough of these criteria well enough that it qualifies as fair use. IANAL, but I'd say they're probably right.
        2. The part of the U.S. Constitution establishing copyright says, "The Congress shall have Power [. . .] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." Note that the purpose of copyright is not to promote profitable business, it's to promote the progress of science and the arts. The vast majority of all books ever published are now out of print, so it seems likely that the vast majority of the books google is scanning are out of print. If a book is unobtainable, I don't think it's serving the purpose of promoting the progress of science and the arts.
        3. If the vast majority of the books google is scanning are out of print, then the author is typically making zero income from the book. That means the author has nothing to lose. In fact the author may be dead, or there may be no way to contact the author. (The normal way you contact an author is by sending mail care of their publisher. Not gonna work if the book has been out of print since 1925.) If an author's book is still in print, then the publisher can just systematically handle the opting in or opting out. They can opt out for every single title they have in print, or they can contact authors and ask them what they want.
        4. Google argues that this is the modern equivalent of a card catalog. They're right.
      • But we don't. We have effectively perpetual copyright, so we need as many holes as possible poked in it.

        If copyright expired 7 years after publication we could talk about strengthening it. Until that happens the answer is a flat no.
      • Sure google could probably make me more money through exposure that I might not otherwise have, but shouldn't that be my choice?

        It is your choice to opt out.
        If you don't want the world to read your stuff in the first place, don't publish it.

      • Maybe. Probably a better question is why are we allowing google to continue doing this at all? Shouldn't it be an opt-in service rather than opt-out? Shouldn't it have always been that way?

        I can understand indexing web based content that is already on line and publicly accessible, but if I write a book, I want to be in control of where, when, and how it gets presented to the reader, at least initially anyway. I don't mind (or care) what an individual does once it's 'out there' - from format shifting to selling it at a used book store or giving away. I'm not so keen on the idea of google making a copy for the entire world to readily view a large chunk of it all.

        Sure google could probably make me more money through exposure that I might not otherwise have, but shouldn't that be my choice?

        Let me sum up. Sometimes it's easier to ask for forgiveness than permission. Every married man knows this.

      • by geekoid ( 135745 )

        Since they can't put something up that hasn't been published in some manner, your point is moot.

        Unless Google is breaking into your home and stealing* it off you computer.

        *literally.

      • by 1u3hr ( 530656 )
        Shouldn't it be an opt-in service rather than opt-out?

        And what about all the orphan books, where the publisher is long out of business, the author has no contact address known, may have used a nom de plume, and may well be dead? There are many millions of books in this group, millions of authors, and "opt in" means these will never be included.

        These obscure books are exactly those that make such a project valuable (and by "valuable" I mean contributing to the culture, not Google's stock price).

        Sure

      • by WNight ( 23683 )

        if I write a book, I want to be in control

        Yeah, we know.

        But the purpose of copyright is to enrich the public domain, by offering authors a limited monopoly on their works. It's not intended to let you control who can read your work, merely to guarantee you whatever profit is to be had selling it.

        but shouldn't that be my choice?

        No. You already get paid for your words. Anything else merely lets you use copyright law in place of trademark law (Sega v Accolade), or post-facto NDAs for censorship (Scientology v World).

        Once a movie like Little Black Sambo has been released it's in our

    • So, is google going to have an ad-based way to read books online for free?

      No. The article has a link to this page [googlebooksettlement.com], which explains that Google is only "scanning their Books, creating an electronic database and displaying short excerpts without the permission of the copyright holders."

  • by Archangel Michael ( 180766 ) on Wednesday March 04, 2009 @03:56PM (#27068389) Journal

    I hear that it might be kind of hard to reach that Moses guy ...

  • In theory, this is great. Make all books accessible to everyone. Create new interest in reading. Create a credible e-publishing standard. Maybe even spur interest in e-book devices. I just hope this doesn't backfire by somehow falling into the hands of a company like Microsoft, Adobe, or Amazon or it'll have the exact opposite effect.
  • As finding two of every kind of animal and getting them onto a boat.

    It'd take divine intervention...

  • Google that 30 percent were published in the U.S., 30 percent in industrialized countries

    So does this mean that the US isn't counted a a industrialized country?
    Or that all the books from industrialized countries are from the US.

  • "that 30 percent were published in the U.S., 30 percent in industrialized countries."
    Either the U.S. isn't an industrialized country, or it's the only one on the planet.

    "The rest of the world is the rest."
    Amazing!
  • This will be awful for technical books, because Google's search algorithm ignores special characters, like the dollar sign, and Google has no intention of fixing this.

    • Re: (Score:2, Informative)

      by Esine ( 809139 )
      It's not like they're going to use the same exact search algorithm or parameters for everything. Look at Google Code Search (http://google.com/codesearch). It even supports (limited) regexp!
    • by dargaud ( 518470 )

      Google's search algorithm ignores special characters, like the dollar sign

      Don't use Perl or Basic. Problem solved.

  • Ick. Ugh. (Score:4, Insightful)

    by girlintraining ( 1395911 ) on Wednesday March 04, 2009 @04:12PM (#27068571)

    Hopefully Google will realize that most everything published had, as a condition of publication, the loss of the author's rights to that work either temporarily or permanently. If Google really wants to digitize books en masse, why not start by killing the concept of the exclusive contract and the equally nefarious "work for hire" clauses that are cropping up around the world... Meaning that NO MATTER WHAT an author retains the right to his/her own work. Call it the "It's Mine, Dammit" Doctrine. Because I think it's easier to convince an individual author of the social benefits of digitization than it is to convince some f*ck in a suit. If you want an example of this -- find some work that's totally void of any social benefit -- say a coupon booklet or one of those pamplets sitting in waiting rooms around the world. Now, try and get permission to reproduce it... understanding you've picked the most useless thing you could find to duplicate.

    Better yet, let's just tell governments around the world to go to hell, and start digitizing this stuff on our own and making it available for free, and on page one, write "In Memory of Corporate F*cktards Everywhere". But that would be too inflammatory, so someone with slightly more tact should write that page. ;)

    • by genner ( 694963 )

      But that would be too inflammatory, so someone with slightly more tact should write that page. ;)

      Meh..too much work.
      Lets just go with your version.

    • Re:Ick. Ugh. (Score:4, Insightful)

      by bcrowell ( 177657 ) on Wednesday March 04, 2009 @05:28PM (#27069505) Homepage

      Hopefully Google will realize that most everything published had, as a condition of publication, the loss of the author's rights to that work either temporarily or permanently.

      Well, no. It's quite common for authors to retain copyright when they sign a contract with a publisher. For instance, here [lightandmatter.com] is a list of some short stories I've had published. Some of these were published in print magazines, some in electronic magazines. None of them asked me for a copyright assignment. Whether or not a publisher requires a copyright assignment depends completely on the publisher, the genre, and the customs of that particular market segment. I pulled the first three books off of the bookshelf next to my computer. How to Brew, by John Palmer, is (c) John Palmer. Programming Perl, by Wall, Christiansen, and Orwant, os (c) O'Reilly. Pragmatic Version Control, by Travis Swicegood, is (c) Travis Swicegood. So your "most everything published" is has a batting average of 1/3 in my sample.

      If Google really wants to digitize books en masse, why not start by killing the concept of the exclusive contract and the equally nefarious "work for hire" clauses that are cropping up around the world

      Lots of problems with your suggestion:

      1. They're digitizing books that have already been published. You can't change the contracts retroactively.
      2. The reason print publishers require exclusive contracts is that printing costs are almost entirely setup costs. Once you have the job set up on a traditional (not POD) press, the incremental cost of producing one more copy is very small. So the nature of publishing is that you invest a lot of capital up front in order to publish a particular book, and then you hope to make it back over time. The publisher wants an exclusive contract so that they can't be undercut by some other publisher.
      3. These exclusive contracts don't last forever. I have one sitting in my drawer for a story I sold to Dell Magazines. It states "The Seller agrees he will not permit any other publication of the Work [...] until one month after first publication of the Work in the Publisher's magazine." Since the story was publisher more than a month ago, and since they didn't require a copyright assignment, I'm now free to do whatever I like with it. The books that Google is scanning are mostly out of print, and almost all book contracts provide that when the book goes out of print, the exclusive contract is terminated, and the copyright assignment (if any) reverts to the author.
      • There are times when I wish I could sacrifice mod points to my own comments to give them to a far better post. Yours is such a post. Thank you for your insightful commentary; I wasn't aware of any of that.

    • by lennier ( 44736 )

      "why not start by killing the concept of the exclusive contract and the equally nefarious "work for hire" clauses that are cropping up around the world... Meaning that NO MATTER WHAT an author retains the right to his/her own work"

      Where by "right" you mean "exclusivity"? (Since that's what it means: the ability to deny other people from publishing).

      So you want all "authors" to have the absolute right of exclusivity... yet at the same time you don't want exclusivity to exist at all. Uh-huh. How's that going

  • by sootman ( 158191 ) on Wednesday March 04, 2009 @04:25PM (#27068739) Homepage Journal

    "A New York Times story reveals the obstacles they face just to get the word out..."

    Too bad Google doesn't run a really popular website. If they did, they could just put a note up on the front page or something.

  • by SirGarlon ( 845873 ) on Wednesday March 04, 2009 @05:31PM (#27069571)

    Speaking as an author, I do not want my works digitized by Google because it screws me out of the ability to sell digital copies myself.

    • by nizo ( 81281 ) *

      But they only post excerpts, not the entire book. At least that is the case with every book I have seen so far.

    • by geekoid ( 135745 )

      No it doesn't, nice try at FUD though.

      Maybe you should look into it so you can adapt instead of sticking to that dying business model?

      And yes, I am an author.

      • Maybe you should look into it so you can adapt instead of sticking to that dying business model?

        What alternative business model do you suggest? Advertising? Screw that.

    • As an author, I do want my works digitized by Google because I am damn unlikely to ever sell another copy of a book that has "Advanced Turbo C: Updated for vers. 1.5!" emblazoned on the cover, so any cash is unexpected.

    • Speaking as an author, I do not want my works digitized by Google because it screws me out of the ability to sell digital copies myself.

      Well it's lucky for you then that you can just tell Google and they won't make your stuff available.

      What's great about this whole thing is that the world was missing out on easy availability of massive amounts of information in tons of old books because it was illegal to scan them and make them available. Getting some law passed to make this stuff available might not have b

      • Google could never have done this if they had to settle with every author who ever wrote anything, but in a class action lawsuit every author out there is bound to the settlement, even if they don't like it and didn't even know about it So what this means is that the little guy (an individual author) can't have an enforceable copyright any more. Copyright is only for companies big enough to fight Google. I fail to see what is great about that.

  • Alexandria!

  • Sorry for cross-posting, but my post in the other thread was buried. It seems that Google is actually trying to do SOME of what I suggested. Here is the original post. Yes, it IS a wall of text, and I do apologize for that, but it is a complicated issue, and I could't really thin it out.

    "From a writers perspective, one of the most satisfying aspects of writing is the permanency of putting words to paper. Generations of people will have the opportunity to enjoy your story. It is, in a sense, a little bit of

  • Whenever Google does something big like this, the "Do No Evil" manifesto gets brought up. The question then, irrespecitve of profit motive, is: Is this move going to be of net benefit or not?

    If Google pull this off, the net impact over the years will be absolutely huge. Ultimately I envisage it resulting in the final shift of the prime medium for creative work from physical to digital.

    In 20 years, when people look back at all the physical media we used to hoard (from the context of a society in which near

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