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Project Gutenberg 2 Raises Some Hackles 303

An anonymous reader writes "LISNews.com reports on a new web venture called Project Gutenberg 2, offering access to electronic books in Adobe eBook format on a paid membership basis. Some Gutenberg volunteers are concerned about the use of the PG name in such a context. The news raises questions about PG's ongoing commitment to the ideals of free distribution and nonproprietary formats. Last year PG celebrated the release of its 10,000th title, accomplished with the help of many volunteer proofreaders, many of whom aren't happy about charging people to view these titles in Adobe eBook format."
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Project Gutenberg 2 Raises Some Hackles

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  • by Anonymous Coward on Wednesday March 17, 2004 @04:33AM (#8587117)
    ...idea of the original project :o(
    • This is a fake (Score:5, Informative)

      by Anonymous Coward on Wednesday March 17, 2004 @06:26AM (#8587457)
      Look at the Adobe banner: it links to
      www.worldebooklibrary.info/Adobe
      which is a *fake* Adobe website.

      World eBook Library owns both sites.

      Plus the information given below on their ISP in Maui...

      I guess you shouldn't begin to give your money to them...

      Anyone knows how to alert Adobe's legal department? I guess it would help solve GP problem...
    • Not entirely (Score:5, Interesting)

      by Gleef ( 86 ) * on Wednesday March 17, 2004 @08:03AM (#8587691) Homepage
      "Project Gutenberg 2" seems to me to be run by completely different people [projectgutenberg.info], specifically the World eBook Library Consortia.

      The real Project Gutenberg [gutenberg.net] is unchanged. Furthermore, the whole idea of the original project seems (at least to me) to be to take Public Domain works, and make them freely available to as many people as possible so they can do what they want with them. If what you want to do is sell PDF eBooks with these works, that's fine. To quote the notice on the top of Project Gutenberg works:

      This eBook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.net


      So the problem here isn't what these people are doing, but the cynical and callous adoption of the "Project Gutenberg" name, which seems designed to cause confusion in the community and the market. I think it might be time for Project Gutenberg to remind the World eBook Library Consortia the nature of trademarks.
      • Re:Not entirely (Score:5, Interesting)

        by jazman ( 9111 ) on Wednesday March 17, 2004 @09:23AM (#8588072)
        ...by renaming themselves "World eBook Library Consortia 2".

        It would make the point, and is substantially cheaper than suing. And if they sued, PG could simply point out that they did it first and make some use of the words "sauce", "goose" and "gander."
      • Re:Not entirely (Score:5, Informative)

        by Sandor at the Zoo ( 98013 ) on Wednesday March 17, 2004 @11:00AM (#8588923)

        The parent post is overrated, IMHO, since there's no background knowledge on the author's part.

        Michael Hart, founder of Project Gutenberg, has given full permission to these guys to use the name. Here's part of a post to the ebook-community mailing list (a yahoo group):

        PGII only charges for certain files they modified or created, and is paying PG the same royalty as we require from anyone.

        and

        Anyone who calls for such drastic action immediately just doesn't want to see how things will work, they want to force the worst assumption on us all. Project Gutenberg has always been open to experimentation. And we also have always had the fine print that has allowed for the production of "Project Gutenberg CDs" DVDs, etc., all by anyone who wanted to give it a try.

        In my humble opinion, this dilutes the Project Gutenberg name and idea, but it's Hart's to do with as he sees fit.

        • Re:Not entirely (Score:3, Interesting)

          by bumski ( 308461 )

          In my humble opinion, this dilutes the Project Gutenberg name and idea, but it's Hart's to do with as he sees fit.

          What a shame, too. There ought to be a low-cost mechanism by which collaborators could be invested with some measure of formal ownership in projects like Gutenberg and CDDB so that their putative owners can't take advantage of the work of scores of volunteers and sell out in the end. Gutenberg shouldn't be owned by Hart, but rather by everyone who has contributed over the years.

        • Thank you (Score:5, Insightful)

          by Gleef ( 86 ) * on Wednesday March 17, 2004 @03:26PM (#8591635) Homepage
          I was unaware at the time of writing that they were using the Trademark with permission . Generally, if you are using someone else's trademark with permission, among other things you identify whose trademark it is as part of the message, something like "Project Gutenberg is a trademark of Michael Hart".

          Since I saw no such notice on the Project Gutenberg 2 Website [projectgutenberg.info], I assumed they were in violation of the trademark.

          Assuming they are legitimately using the trademark, this is a really disappointing usage. They give no credit to the work of the volunteers of Project Gutenberg, and they make their site sound like they are the new, improved replacement for the project. This is confusing to many people, and seriously dilutes the trademark, two things that licensing is supposed to minimize. *sigh*
  • Bah. (Score:4, Interesting)

    by Anonymous Coward on Wednesday March 17, 2004 @04:34AM (#8587121)
    If it goes to fund the free books, it's a godsent.
    Project Gutenberg is one of the top 10 best things to happen to the internet.
    • Re:Bah. (Score:3, Funny)

      by Anonymous Coward
      They can always fork and continue with their own codebase, right?
    • Re:Bah. (Score:3, Insightful)

      by Nursie ( 632944 )
      What gave you the idea that it was going to fund free books or the original project gutenberg? This looks like an attempt to make money from someone else's work to me......
      • Re:Bah. (Score:3, Insightful)

        by lee7guy ( 659916 )
        Yes, just like most of the bigger Linux distro makers out there. Commercial Linux distros are bad things, right?

        From my point if view, most things that help promotes free projects and also add some value is an added value. If the ppl complaining doesn't like what's happening, they should have thought of ways of protecting themselves beforehand.
        • Re:Bah. (Score:5, Informative)

          by Nursie ( 632944 ) on Wednesday March 17, 2004 @06:00AM (#8587398)
          Hmmmmm. Linux distros are affiliated with Linux, they make no secret of it. They usually develop products and projects that contribute back to open source, and are generally ethical and a good thing.

          These guys are using someone elses name and charging for their work.
          • Re:Bah. (Score:4, Insightful)

            by lee7guy ( 659916 ) on Wednesday March 17, 2004 @06:13AM (#8587425)
            Agreed. Their use of the project's name doesn't seem very nice, but some people seem to be complaining because they are converting PG's texts into proprietary Adobe eBook format and charge for the effort. I really fail to see how that is a problem, as long as the original, vanilla text files are still out there.
      • Re:Bah. (Score:3, Informative)

        by Gleef ( 86 ) *
        Nursie asks:
        What gave you the idea that it was going to fund free books or the original project gutenberg? This looks like an attempt to make money from someone else's work to me......

        The fact that one of the few restrictions on the Project Gutenberg files is that any use of the files or trademark for commercial sales requires a royalty payment of 20% of gross profits to the project. The exact legalese can be found at http://gutenberg.net/howto/header-howto.txt [gutenberg.net].
    • Re:Bah. (Score:5, Interesting)

      by SurfaceMount ( 749329 ) on Wednesday March 17, 2004 @05:36AM (#8587328)
      This is contained in some/all of the PG ebooks, this means they have to pay royalties to PG? If so, its a good thing, helping to fund them.

      "Special rules, set forth below, apply if you wish to copy and distribute this etext under the Project's "PROJECT GUTENBERG" trademark."
      Special rules, set forth below, apply if you wish to copy and distribute this etext under the Project's "PROJECT GUTENBERG" trademark.

      "Pay a trademark license fee to the Project of 20% of the net profits you derive calculated using the method you already use to calculate your applicable taxes. If you don't derive profits, no royalty is due. Royalties are payable to "Project Gutenberg Association/Carnegie-Mellon University"
  • TM Registration (Score:4, Informative)

    by wiredlogic ( 135348 ) on Wednesday March 17, 2004 @04:35AM (#8587124)

    This won't be any problem at all since the Project Gutenberg folks remembered to register their trademark [uspto.gov].

    • Re:TM Registration (Score:5, Informative)

      by orthogonal ( 588627 ) on Wednesday March 17, 2004 @05:34AM (#8587320) Journal
      This won't be any problem at all since the Project Gutenberg folks remembered to register their trademark.

      The "Project Gutenburg folks" didn't register the trademark.

      You and three mods didn't read the linked article, which is actually a blurb that quotes the real article, to wit (emphasis mine):
      "Over the weekend a Project Gutenberg volunteer list was buzzing with all kinds of questions for
      PG founder Michael Hart, who personally owns the Project Gutenberg trademark."


  • still free (Score:5, Informative)

    by Underholdning ( 758194 ) on Wednesday March 17, 2004 @04:36AM (#8587130) Homepage Journal
    As far as I can tell the books are still available in HTML. It's just that if you want them in PDF, then they charge you a fee. I have no beef with that.
    • Re:still free (Score:5, Insightful)

      by nuffle ( 540687 ) on Wednesday March 17, 2004 @04:54AM (#8587196)
      As far as I can tell the books are still available in HTML. It's just that if you want them in PDF, then they charge you a fee. I have no beef with that.


      Actually PG books aren't available in HTML. Not even in the sense that they're relatively unformatted text embedded in an HTML page. Rather, the books (or plays, manuals, etc) are generally stored as zipped vanilla-text files.

      It's an often complained about problem, since there's no markup to identify authors, titles, chapter headings, etc. The PG administrators use plain text because they don't want to require readers to use fancy software to read (be it proprietary or not). The consequence, though, is that it's difficult to use fancy software if you want, since it's difficult for a computer program to parse the books.

      So, the service offered by this company is non-trivial and is fulfilling an expressed desire. The fact that people are willing (well, we'll see) to pay money for this service indicates that the PG administrators have underestimated (or just ignored) the need for machine-parseable text. I personally wish someone would xml-ify these books, so that there would be a number of high-quality open source PG readers out there.
      • Re:still free (Score:5, Informative)

        by femto ( 459605 ) on Wednesday March 17, 2004 @05:26AM (#8587298) Homepage
        The HTML Writers Guild [hwg.org] is translating Project Gutenberg texts into HTML.
        • Re:still free (Score:5, Informative)

          by utopyr ( 621354 ) on Wednesday March 17, 2004 @07:24AM (#8587576)
          I participated in this when it started up. It's dead in the water, becalmed, caught in the horse latitudes, so far as I can tell.

          For example, take a look at the dates attached to the marked-up texts in this list. [hwg.org] A shame--folks were mighty excited.

          The Project Gutenberg XML mentioned earlier here [slashdot.org] was also exciting, but I've been off the mailing list a few years, and am having trouble finding its archives now. Anybody have more luck than me? As I recall, one of the unanswered threads that ran through it was what to do in the TEI headers [tei-c.org], since TEI [tei-c.org] was an attractive choice for a mark-up vocabulary. It is not that obvious how to accommodate the Gutenberg boilerplate and metadata appropriately in the header.
          • Re:still free (Score:3, Informative)

            by Zigg ( 64962 )

            Yeah, that was a shame, I had hoped the HWG project would take off too. But then again, it always seemed to me there were very few civic-minded amongst the HWG when I was a member; probably due to the fact that you really didn't have to do anything to "join" and a lot of people saw it as a quick way to load up their resume when web jobs were hot.

            But, there is still vindication. Pluckerbooks [pluckerbooks.com], in addition to making ready-made pdb files for Plucker [plkr.org], also provides you with the full HTML for their books, whi

      • Re:still free (Score:4, Insightful)

        by Lumpy ( 12016 ) on Wednesday March 17, 2004 @06:21AM (#8587445) Homepage
        it's oft complained about by the lazy or uninformed. I personally LOVE the plain ascii text versions. I am able to convert them EASILY to my eBook's format and extend the life of that device that they decided to discontinue and all the books for it.

        Also I was able to convert one to a Sony Bookman CD to be read on a friends Bookman... a reall old failed attempt at a ebook reader that the screen utterly sucked, was huge but was cool in the fact it had a 3" CDROM drive in it.

        the plain ASCII format is the absolutely MOST valuable format for the PG books, conversion to other formats do not take much time at all if you have the tools.
        • Rich vs plain (Score:5, Interesting)

          by gidds ( 56397 ) <`slashdot' `at' `gidds.me.uk'> on Wednesday March 17, 2004 @09:30AM (#8588129) Homepage
          I can see both sides of this argument.

          On the one hand, plain 7-bit ASCII text is the single most compatible format; just about any platform and app can handle it in some way or other. And it's likely to last longer than almost any other format. So as Gutenberg says, it's the most accessible format and the most future-proof.

          But on the other, it's very thin. It has no structure: nothing to separate chapters, scenes, volumes, &c. It has no metadata: nothing to identify authors, translators, editions, dates, even titles, in a machine-readable manner. And it has no way to represent accented characters, directional quotes, and other characters that would greatly improve the typography.

          The compelling argument for me, though, is that although you could automatically convert from a standardised rich format to plain text, it's impossible to convert the other way around without lots of manual work. If Gutenberg had chosen a rich format, even a very simple one, to start with, then all the benefits of plain text would come with that almost for free -- a simple open-sourced program would let people convert from the one to the other, and they could even provide both versions of texts on their web site.

          FWIW, for my own reading I keep files in plain text but formatted in a particular manner: in Windows Latin-1, with accents and typography; with Palm-style bookmarks; and with conventions for chapter/scene/volume breaks, bold/italics, and metadata. It's a pain getting them there, but means they're ideal for reading on my palmtop, and also capable of being up-converted if the need arises.

      • Re:still free (Score:3, Informative)

        by Spacejock ( 727523 )
        If you're running Windows (or Wine on Linux) try my freeware ebook reader yBook [spacejock.com]

        I wrote it specifically for the txt files on Gutenberg. They hard-wrap the lines at 76 characters, this prog unwraps them and puts the book back into paragraphs.

        This plug brought to you by a shameless karma whore.

      • Re:still free (Score:3, Interesting)

        by c ( 8461 )
        Actually PG books aren't available in HTML.

        Not directly. But various places like http://www.blackmask.com/page.php republish many, if not most, PG books in other formats.

        c.
      • Re:still free (Score:3, Interesting)

        by justins ( 80659 )

        So, the service offered by this company is non-trivial and is fulfilling an expressed desire.

        Oh, it's pretty trivial, in the scheme of things. Writing a book is non-trivial. Acting as the publisher that brings a new book to market is non-trivial. Correctly transcribing an ancient book into electronic format is non-trivial. Researching the legal issues involved in releasing old books is non-trivial.

        Tweaking pagination and saving a file to pdf is, well, pretty trivial. Ditto on putting the files up on a web

    • Don't smell right (Score:3, Interesting)

      From the website: Over 27,000 HTML eBooks Over 60,000 PDF eBooks Sure looks to me like the effort people put into making these books free has been subverted into making more than half of these book more available to paying customers, err I mean "members", than to the generaal public. I too think it stinks.
    • Re:still free (Score:5, Informative)

      by dmoynihan ( 468668 ) on Wednesday March 17, 2004 @08:14AM (#8587739) Homepage
      Actually, most of the PG 2 titles are HTML that I did [worldebooklibrary.com] of PG texts for my own site [blackmask.com] (that one I also scanned with the distributed proofreaders so it sees more moral), but then PG 2 has another 48K books that aren't on Gutenberg, and might just be worth paying $8.95 a year to access, something the article doesn't make clear.

      I've also let it be known that Dr. Hart is welcome to use my HTML as he sees fit, not pushing the issue because there are other volunteer initiatives working on this.
      • Re:still free (Score:4, Insightful)

        by poptones ( 653660 ) on Wednesday March 17, 2004 @10:04AM (#8588445) Journal
        but then PG 2 has another 48K books that aren't on Gutenberg, and might just be worth paying $8.95 a year to access, something the article doesn't make clear.

        And so one would think these titles, since they are part of "PG2," are also of expired copyright?

        So what's then to stop someone from payng the 8.95, downloading those 48k typeset and proofed texts, and then contributing them to the real PG?

  • Comment removed (Score:5, Insightful)

    by account_deleted ( 4530225 ) on Wednesday March 17, 2004 @04:36AM (#8587131)
    Comment removed based on user account deletion
  • I haven't proofread anything for PG so I have no idea what proofreaders have or have not agreed to. Ultimately there is probably little that can be done if the lisencing scheme makes this possible.

    Then again, if the information is available in plain text, I feel it would be OK to charge people for typeset versions of these works. I'm not sure if this is the actual case though, anyone more informed around?
    • by kfg ( 145172 ) on Wednesday March 17, 2004 @05:07AM (#8587244)
      Project Gutenberg texts are all in the public domain and the files are created by volunteers. There is no way to protect anyone's labor or philosophy. The material is free as in free.

      The only "license scheme" is a protection of the Project Gutenberg trademark. If you wish to distribute the files and claim them as Project Gutenberg files you must distribute them unmodified, including the license text.

      Since the files are all in the public domain anyone can download them and sell them, either as a computer file, a pdf, or a printed book. Or start a "competing" website with them.

      Many already do this, and if people who have donated their time to the project don't understand that public domain allows this, well, I really don't know what to say.

      They are in the Public Domain, not GPLed, or BSDed or whatever.

      Project Gutenberg continues unabated. Simply go there for all your ASCII format, literary goodness.

      KFG

      • Under the newly proposed database laws in the US (which already exist in the EU) the database would be protected as a "sweat of the brow" compilation (rather than needing a "modicum of creativity").

        This would mean that although the texts are in the public domain, people would be prevented from "substantial extraction" of them from the project gutenberg website.

        Whether this would be a good or bad thing makes for a good debate ...
      • by Googol ( 63685 ) on Wednesday March 17, 2004 @12:31PM (#8589864)

        Read the headers please.

        You get a license to distribute the works under very specific terms.

        Public Domain is impossible to implement in practice without some legal mechanism, since the Berne convention makes "copyrighted" the default.

        You can get "effectively in the Public Domain" if you give a relaxed license for your necessarily copyrighted work. *All* computer files whatsover are copyrighted implicitly (we think) by their creators, if not by upstream "IP rights".

        PG -- freely redistributable for non-commercial use -- doesn't even come close.

        Their purpose is free-as-in-beer literature for the masses, not free-as-in-freedom for computer files. Hence, a commercial PG2 has no conflict with PG as to purpose.
  • Some Companies... (Score:4, Insightful)

    by Doomrat ( 615771 ) on Wednesday March 17, 2004 @04:37AM (#8587135) Homepage
    ...I mean, would you actually have the nerve to steal an organisation or free project's name? I'd love to be reading Slashdot the day somebody comes out with Linux 2 or something.
    • A few rather nasty people tried trademarking the term "Linux" in various countries, which started a bit of a to-do a ways back. (Note that I'll bet that someone is going to forget about paying the renewal fee in the US, and Linus is going to lose the Linux trademark, and some jackass will grab it again, and the whole thing will start again).
    • by Anonymous Coward on Wednesday March 17, 2004 @05:11AM (#8587251)
      Linux 2 has been out for quite a while. In fact they're up to 2.6 now!

      GET WITH THE TIMES MAN!!
  • by Anonymous Coward on Wednesday March 17, 2004 @04:38AM (#8587136)
    the Humane Society...2!!!! Now accepting unwanted pets and animals from the community which we will be selling to be used in scientific research!

    *btw We are not associated with the original Humane Society.
  • Issues (Score:5, Informative)

    by L-s-L69 ( 700599 ) on Wednesday March 17, 2004 @04:39AM (#8587144)
    Project Gutenberg (the first one) was fantastic, it allowed me to download books in lynx that i could read with joe on a 486 when i first got online. I read books that normally I would never pick up as well as downloading plays etc for research.

    Paying for ebooks i have no problem with but why use the PG name that so may have come to associate with the free PG.

    Even if they do put this on the front page...

    " Project Gutenberg 2 is not affiliated with the Project Gutenberg Literary Archive Foundation and has received no funding, materials, or any other support from the Foundation. "

    • Re:Issues (Score:5, Interesting)

      by Saint Stephen ( 19450 ) on Wednesday March 17, 2004 @04:53AM (#8587190) Homepage Journal
      Yeah, the name was chosen entirely at random, in fact they didn't even know of the first one, and just stuck a "2" on the end cause it's pretty.

      I hope PG has lawyers and covered their bases. This has shades of 1999 and Flooz and "gaining mindshare." I hope they go bust.
    • Re:Issues (Score:4, Insightful)

      by JimDabell ( 42870 ) on Wednesday March 17, 2004 @06:09AM (#8587416) Homepage

      Paying for ebooks i have no problem with but why use the PG name that so [many] have come to associate with the free PG.

      You answered your own question right there. They are using the Project Gutenburg name as it's already fairly well-known for being a good source of books.

  • Sue them? (Score:2, Insightful)

    by MrIrwin ( 761231 )
    It seems that operations that work on a "Pay for rights" model are very happy to sue whenever a "Pay for Service" operation has a name that remotely infinges on thier namespace.

    Should the reverse be valid? Perhaps in the first instance PG could politely request that they alter thier name.

    What I do not understand is, if they did sue, how would PG fix "damages"?

  • by 91degrees ( 207121 ) on Wednesday March 17, 2004 @04:43AM (#8587159) Journal
    Does Project Gutenberg 2 have any affiliation with Project Gutenberg? It appears not. This would appear to be trademark infringement.

    Apart from that, there's nothing wrong with it. People are making money off of public domain works. Good for them. That's one of the benefits of the public domain. People can do this. I'm not quite sure why people should want to buy something that they can get for free, but that's beside the point. If they want it, PG2 is providing the service.
    • Perhaps if Project Gutenberg started their own PDF distribution people would complain less.

      Continue to provide the texts in the plain text formats but also in PDF. That way they can also provide the original layout of the text and the images in the right contexts like some of the old Celtic books (eg. Book of Kells).
    • by mikeymckay ( 138669 ) on Wednesday March 17, 2004 @05:18AM (#8587276) Homepage Journal
      I believe Project Gutenberg 2 is being run by Michael Hart (and others), founder of the original Project Gutenberg and holder of the trademark. At least this is what I am picking up by the mass of emails flying on the gutenberg developers list. So it is affiliated, though in a messy circular sort of way.
    • About Project Gutenberg 2 Project Gutenberg 2 is a member of the World eBook Library Consortia, an eBook library consortium adds an additional scope to eBook preservation and access. Project Gutenberg 2 is not affiliated with the Project Gutenberg Literary Archive Foundation and has received no funding, materials, or any other support from the Foundation.

      So that answers your first question.

      Looks to me like it's time for Mr. Hart to talk with a lawyer though. The name is definately 'confusingly simila

    • by Hieronymus Howard ( 215725 ) * on Wednesday March 17, 2004 @07:27AM (#8587583)
      The whois information for projectgutenberg.info (PG2) shows:

      Domain Name: PROJECTGUTENBERG.INFO
      Created On: 09-Nov-2001 05:08:24 UTC
      Last Updated On: 05-Jan-2004 07:01:05 UTC
      Expiration Date: 09-Nov-2008 05:08:24 UTC
      Sponsoring Registrar: Network Solutions, Inc. Registrar (R122-LRMS)
      Status: ACTIVE
      Status: OK
      Registrant ID: C1449260-LRMS
      Registrant Name: Greg Newby
      Registrant Street1: CB 3360 Manning Hall
      Registrant City: Chapel Hill
      Registrant State/Province: NC
      Registrant Postal Code: 27599-3360
      Registrant Country: US
      Registrant Email: gbnewby@ils.unc.edu

      This is the SAME Greg Newby who is the CEO of the original Project Gutenberg. Make of that what you will.
  • by MysteriousPreacher ( 702266 ) on Wednesday March 17, 2004 @04:44AM (#8587163) Journal
    The leader says that this raises questions about PG's commitment to providing free books? How so? They aren't in any way affiliated with them (at least according to their site).

    taken from http://www.projectgutenberg.info/
    "Today Project Gutenberg 2, an eBook library consortium adds an additional scope to eBook preservation and access. Project Gutenberg 2 is not affiliated with the Project Gutenberg Literary Archive Foundation and has received no funding, materials, or any other support from the Foundation. . "
  • by Noksagt ( 69097 ) on Wednesday March 17, 2004 @04:50AM (#8587182) Homepage
    "Project Gutenberg 2 is not affiliated with the Project Gutenberg Literary Archive Foundation and has received no funding, materials, or any other support from the Foundation." So despite the stigma of paying for IP, this project will do little harm to PG, which will still release other public domain works for free.

    By including PG2, they are becoming a first-rate library that will be able to release material that the free service wasn't able to. I'm sure schools and universities will watch for what PDFs will be made available. I'll be watching to see what audiobooks they put out.

    This is certainly no worse than IMDB going commercial. Just because they will charge money for some products doesn't mean they are EVIL. Few people raise hell because Mandrake charges for a boxed set of their distro. The free stuff will still be there, but some value-added services deserve remuneration.
    • I got the impression from the Project Gutenberg 2 web site that they were in no way connected to Project Gutenberg. So, PG is not "including PG2" unless PG2's claim is bogus. I'm left with the impression that PG2 is leeching the hard work done by PG in generating the raw text for the books, then squatting on a domain name which is clearly designed to imply a (business or reputation) relationship with PG. How is this not illegal, seeming to be a straight case of "passing off"?
  • by curiuz ( 587795 ) on Wednesday March 17, 2004 @04:50AM (#8587184)
    A company wants to sell ebooks with copyright expired titles? I don't see the problem? They want to call it Project Gutenberg 2/too? That must be such a clear cut tradmark court case? If they'd copycatted a big multibucks company rather than a small non-profit setup this news wouldn't even have reached us before they'd be cluttered with corporate lawyers. Try set up a MS 2 webpage...
  • by ahodgkinson ( 662233 ) on Wednesday March 17, 2004 @04:55AM (#8587199) Homepage Journal
    It is surprising that something like this has not happened sooner. You should expect more OS Hijacking to occur as the various open source project begin to achieve a positive brand recognition.

    In this case, some clever business has realized that Project Gutenberg has a good name and is now attempting to make money off it. Thankfully they've had the good sense to put a (rather oblique) disclaimer disassociating themselves from the original Project Gutenberg.

    That said, in my opinion, it's certainly unethical and in some case, may even be illegal to attempt to generate business based on fooling the consumer. Perhaps someone should alert the RMS and the EFF of this new method of co-opting open source.

    • Also notable is the fact that these people didn't even try registering www.projectgutenberg2.info -- they got www.projectgutenberg.info.

      This is about as blatant an abuse of the name as I can think of.
  • by miyako ( 632510 ) <miyako AT gmail DOT com> on Wednesday March 17, 2004 @05:07AM (#8587241) Homepage Journal
    I think the idea they have is a good one. I've downloaded quite a few texts off of Project Gutenburg, and for those of you who haven't, all of their files are simple plaintext files. I've wished for a long while that project gutenburg would release files in HTML or some other format. If the Project Gutenburg won't, then I see nothing wrong with what Project Gutenburg 2 is doing.
    If they would have come up with some better name, then I would have probably considered buying from them, but this is just asinine. It seems to me like they are intentionally trying to use a name very similar to Project Gutenburg so that people who may have heard of Project Gutenburg will be confused and pay them for their services.
    Of course I guess this is what Trademark laws are all about, so hopefully this group will have some lawyers on their arses pretty soon.
  • Their ISP (Score:4, Informative)

    by 0x0d0a ( 568518 ) on Wednesday March 17, 2004 @05:09AM (#8587248) Journal
    Their (small) hosting company is apparently Maui Global Communications [maui.net].

    $ host projectgutenberg.info
    projectgutenberg.info has address 207.175.209.175
    $ whois 207.175.209.175
    [Querying whois.arin.net]
    [whois.arin.net]
    Genuity GNTY-207-175 (NET-207-175-0-0-1)
    207.175.0.0 - 207.175.255.255
    Maui Global Communications GTE-CUST-MGC (NET-207-175-209-0-1)
    207.175.209.0 - 207.175.213.255


    Hell of a weird-ass place to base a server (on an ADSL line on Maui), when the Project Gutenberg 2 guy is registered as being in either North Carolina (billing whois) or Alaska (admin whois). I'll bet they're regretting it in retrospect, given the slashdotting the thing is getting now.
  • by rdmiller3 ( 29465 ) on Wednesday March 17, 2004 @05:11AM (#8587254) Journal
    The appearance of the PG-2 web site looks professional at first... but look again.

    The Acrobat Reader ad/link graphic at the bottom of the main page says,

    Let you(sic!) computer read to you

    So this very likely is not a legitimate graphic from Adobe, Inc. but rather something that this PG-2 site may have made up themselves.

    ...and if they can't even get the spelling right on their web site's front page, doesn't it make you wonder about the quality of their e-books?

  • More info here (Score:5, Informative)

    by soramimicake ( 593421 ) on Wednesday March 17, 2004 @05:12AM (#8587258)
    Half way down this page [teleread.org] are more details of this case.

    Especially of interests are the following 2 points:

    - PG trademark owner and PG2 owner are supposedly friends.

    - PG2 tries to claim copyright over the files as well, even though the text themselves are supposed to be in the public domain.

  • Hypocrites (Score:3, Insightful)

    by cubic6 ( 650758 ) <tom@losth a l o . o rg> on Wednesday March 17, 2004 @05:12AM (#8587261) Homepage
    This is just one of the stupidest things I've ever seen. If they want to sell access to PDF copies of Project Gutenberg texts, that's fine by me. However, they're quite clearly trying to use Project Gutenberg's good name to sell their material. True, they say that they are unafilliated on the page, but think about it. Their site is www.projectgutenberg.info. Not www.projectgutenberg2.info. The name, Project Gutenberg 2, means a sequel to Project Gutenberg. Most people would see "Project Gutenberg 2" and assume it's an extension of the original Project Gutenberg. They can claim they're not trying to exploit name confusion all they want, but they picked their name with full knowledge that it would be confused with another project with similar goals that already existed.
  • DMCA (Score:5, Interesting)

    by femto ( 459605 ) on Wednesday March 17, 2004 @05:30AM (#8587306) Homepage
    If the ebooks are encrypted, isn't this a valid reason to possess an ebook encryption cracker? It's primary purpose would not be to crack the encryption on copyrighted works, but to crack the encryption on public domain works.
  • by Fantastic Lad ( 198284 ) on Wednesday March 17, 2004 @05:33AM (#8587317)
    should be removed from the playing field.

    The company deliberately chose a name designed to manipulate people. They are the sort where, if they gain any money or power, would think about trying to shut down the original Project or some other such SCO-style nonsense. (And who knows where copyright law will be five years from now; the DMCA is an insanity I certainly thought was too far out-there to come true, but here it is.)

    PG2's character and motivation are clear from the outset and they cannot be expected to change or improve. They deserve to be destroyed.


    -FL

  • PG2 on shaky ground (Score:4, Interesting)

    by Bud ( 1705 ) on Wednesday March 17, 2004 @05:37AM (#8587332)

    A couple of things:

    • The Project Gutenberg license [gutenberg.net] requires royalties for commercial use.
    • As others have already pointed out, "Project Gutenberg" is trademarked (at least in the US).

    It's unlikely that anyone would start a business like PG2 without first establishing a licensing plan with PG, unless they are situated far off-shore or have less than three braincells.

    --Bud

  • by Hungus ( 585181 ) on Wednesday March 17, 2004 @06:18AM (#8587439) Journal
    Why are people raising such a furor over this Newby is teh CEO of Project Gutenberg. There is no relationship because PG is a non profit or
    Donations are made to the Project Gutenberg Literary Archive Foundation (PGLAF), a corporation registered in the US State of Mississippi. PGLAF is approved as a charitable 501(c)(3) organization by the US Internal Revenue Service, and has the Federal Employee Information Number (EIN) 64-6221541.
    so of course there is "no relationship" between them and a group running a for profit enterprise. Do a little bit of research before you start shouting sue ESPECIALLY THE LAWYERS WHO HAVE POSTED Call up pg and tell them their tradmark is being depreciated and while your on the phone with teh ceo you can ask the registrar of pg2 why he is infringing because they are the same person. Different legal entities but the same physical person.
  • by seanm666 ( 472643 ) on Wednesday March 17, 2004 @06:23AM (#8587448)
    From a PG Etext
    DISTRIBUTION UNDER "PROJECT GUTENBERG-tm"

    You may distribute copies of this etext electronically, or by disk, book or any other medium if you either delete this "Small Print!" and all other references to Project Gutenberg,

    or:

    [1] Only give exact copies of it. Among other things, this requires that you do not remove, alter or modify the etext or this "small print!" statement. You may however, if you wish, distribute this etext in machine readable binary, compressed, mark-up, or proprietary form, including any form resulting from conversion by word processing or hypertext software, but only so long as *EITHER*:

    [*] The etext, when displayed, is clearly readable, and does *not* contain characters other than those intended by the author of the work, although tilde (~), asterisk (*) and underline (_) characters may be used to convey punctuation intended by the author, and additional characters may be used to indicate hypertext links; OR

    [*] The etext may be readily converted by the reader at no expense into plain ASCII, EBCDIC or equivalent form by the program that displays the etext (as is the case, for instance, with most word processors);

    OR

    [*] You provide, or agree to also provide on request at no additional cost, fee or expense, a copy of the etext in its original plain ASCII form (or in EBCDIC or other equivalent proprietary form).

    [2] Honor the etext refund and replacement provisions of this "Small Print!" statement.

    [3] Pay a trademark license fee to the Project of 20% of the net profits you derive calculated using the method you already use to calculate your applicable taxes. If you don't derive profits, no royalty is due. Royalties are payable to "Project Gutenberg Association/Carnegie-Mellon University" within the 60 days following each date you prepare (or were legally required to prepare) your annual (or equivalent periodic) tax return.
    IANAL, but doesn't this allow them to use the name provided they pay the original Project Gutenberg 20% of their profits? Or am I missing something...
  • Alternatives to PDF (Score:5, Informative)

    by doktorstop ( 725614 ) on Wednesday March 17, 2004 @06:32AM (#8587468) Homepage Journal
    As a biased supporter of PG, I would really argue that switching to PDF goes against the whole idea of a free, easily-accessible and voluntary-based project. Doing so would cut down any possible motivation for thousands of people to contribute time and work to something that will become proprietary products sold later on to all of us.
    But that is not the point, as I am quite sure this idea will be expressed with different accents in thousands of posts. The points are: 1) yes, it is good that PG is trying to get away from pure text. That is the way to go.
    2) There already exists a mature project called FictionBook. Basically, it is a derivative of the DocBook format, XML-based, but optimized for books instead of documentation (yes, there IS a difference!) Thousands of books (unfortunately most of them in Russian) are already published and readily available on the net. The standart itself has survived so far for at least 2-3 years, so it is proven by time to work. And there are lots of tools to create, modify and archive books, and readers for almost every platform.
    So why reinvent the weel????
  • by Rogerborg ( 306625 ) on Wednesday March 17, 2004 @06:55AM (#8587513) Homepage
    Project Firefox.
  • by Jade E. 2 ( 313290 ) <slashdot@perlstorm . n et> on Wednesday March 17, 2004 @07:19AM (#8587568) Homepage
    Project Gutenburg has 11,531 titles as of now, in text format.

    Project Gutenburg 2 claims to have 27,000 books available for free in HTML format, and 60,000 books they charge for in PDF/eBook format (Those aren't the same format, and their site confuses them.)

    So, they're obviously ripping off PG's trademarked name (unless they have permission, as a couple people have speculated), but are they really ripping off their content? And even if they are, where are they getting the rest of their books? Presumably, all 27,000 HTML books are duplicated within the 60,000 PDFs, since they claim they pioneered converting from HTML to PDF... But that still leaves 50,000 books that had to come from somewhere other than PG. PG2 is a front for the World eBook Library [worldebooklibrary.com], which claims to be a consortium of either 45 or 'hundreds' of companies, depending on what page you're on. But their counterfit Adobe page [worldebooklibrary.com] doesn't exactly instill confidence. Then again, with them claiming support [worldlibrary.net] from the likes of PG, the Internet Archive, Google, Amazon, Systran, and the LOC, how can they be bad? I mean, on that page they even list the CIA as one of their contributors, and have an outdated mirror [worldebooklibrary.com] of the CIA world factbook. That book is, of course, in the public domain, except that they didn't bother to strip out the official CIA logo, as required by the CIA [cia.gov]. Talk about the wrong people to piss off.

    So, this whole thing smells like a major scam, but I still want to know where they got the rest of their content (assuming they actually have it...)

  • by tehanu ( 682528 ) on Wednesday March 17, 2004 @07:45AM (#8587629)
    I think a lot of people are getting the issues confused. What seems to be happening is not an evil corporation hijacking the name of an innocent open source project, it is the head of said project being personally involved in a corporation called PG2 run by a good mate offering the paid options. I have to snigger at all the declarations of evil corporations and telling Michael Hart about this and calling up the lawyer attack dogs, because the article plainly states that he is behind all this. All these statements show is that people really don't read articles on slashdot and have knee-jerk reactions.

    What this is, is if Linus (who I think personally owns the Linux trademark) starting up a company with some good mates, which takes the current Linux source, close-sources it and sells it for a profit with the name Linux 2 and takes the domain name, www.linux.com as his company's front. Not only that said company heavily promotes propietry closed-source formats and programs.

    Basically, has Michael Hart sold out?

    1. There is no trademark issue, because Michael Hart, the founder of PG, who *personally* owns the trademark "Project Gutenberg" is personally involved with the commercial entity called "Project Gutenburg 2" which is run by a good friend of his. The people running PG2 seem to have *permission* from Michael to use the trademark. They are NOT co-opting the name illegally. They have the full permission of the right holder. Calling lawyers to sue in this case is stupid. The issue seems to boil down to a lot of PG people disagreeing with Michael this is an appropriate use of the name, not that they can do anything about it legally. The issue the article raises is whether a single person should have the right to the name and hopes that this incident will lead to a more formal control structure for the project (eg. a committee) which is independent of any single person's control.

    (2) There seems to be some problem with the license. Not sure about this. I think the license on the PG2 website asserts copyright over the contents of the public domain books as well.

    (3) There is the question over whether Michael is personally profiting from PG2. Whether or not you think he should is another issue, but it is one of the issues the original author of the article is pressing Michael to explain.

    (4) In relation to (1). The issue is not whether or not you should be able to repackage and profit from PG's work as this is allowed. The issue is the name PG2 seems to indicate that this is the successor to PG. And also the association with the PG name with closed, propietry formats.

    • Thanks for the clear review.

      What amazes me is how cynical people here are. Project Gutenberg owes everything to Michael Hart, and so you think that admirers of the original would be supportive of the new venture.

      Thanks Michael.
    • (2) There seems to be some problem with the license. Not sure about this. I think the license on the PG2 website asserts copyright over the contents of the public domain books as well.

      No, the PG license does not assert copyright over the contents of public domain books. The license states that you can do anything you want with the text as long as you remove any mention of PG from the modified version. To rephrase, the license only protects the PG trademark and not any copyright claims on the public

    • by Googol ( 63685 ) on Wednesday March 17, 2004 @11:55AM (#8589458)

      I spent a day, 11 years ago, discussing with Michael Hart his plans, at a conference I organized and also driving him from Chicago to Urbana-Champaign where he lived at the time. At the time, I was running a similar project aiming at creating freely distributable e-books.

      You must remember that PG started before the Free Software movement and Open Source movements changed our ideas of commercial distribution.

      Today, we take for granted that work that is under GPL or other open licensing will be distributed freely--not necessarily free as in beer, but free as in freedom.

      Many people in the late 80s and early 90s were willing to contribute for free, but a number of variants were common. One of the most common was:

      Free beer yes, free as in freedom no. There were any number of dual license schemes with various restrictions for commercial use. Free ASCII beer, but not Public Domain, not free as in freedom.

      RMS and Linus created a revolution by *convincing* large numbers of persons that allowing others to "commercially exploit" their work was in fact a net gain for the community, because it increased the mobility (sharing) of software. What seems dogmatic doctrine today was Enlightenment for many in 1992-1993.

      Michael Hart came out of the *DOS* tradition, not the *UNIX* tradition. Freeware binaries with enhanced versions for commercial use.

      Read the PG headers. They are NOT public domain, but the text is licensed for non-commercial use. More specifically, this was not refined in the early versions of the header, which allow the header to be removed so the work would truely be public domain (if proven in court).

      Michael Hart's concern was that putting work in the PD, even might leave HIM *liable* to copyright infringement charges, even if he made a innocent mistake. PG has a copyright vetting process and a license for this reason. Recent and future events may well prove him wise in that regard.

      In any event, he is well aware that commercial use brings possible liability to a different level.

      I would suggest, in looking at any of the views of Richard Stallman, Michael Hart, Linus Torvalds, Bruce Perens, Eric Raymond, or any other leader of the "free/open" movements, as well as innovators like Bill Gates (inventor of the "binary application") that you consider the totality of legal, social, and economic issues they work with.

      Perhaps there is no single "right way". The PG way is maximum utility but not necessarily freedom for the non-paying masses, legal protection for the distributors, and a definite non-commodity commercial prospect.

      Both the GPL and the PG license make a balance of rights, profits, and efficient distribution. The key is to learn that one must continually revisit the social and philosophical model underpinning any distribution method--Stallman very rightly guides us to the philosophical and social issues here.
  • by flimnap ( 751001 ) on Wednesday March 17, 2004 @08:02AM (#8587688) Homepage

    Project Gutenberg will accept any format of an ebook, as long as there is also a plain text version. So, many ebooks are available in plain text and HTML, and sometimes other formats (including PDF!!).

    The major producer of PG ebooks, Distributed Proofreaders [pgdp.net], ends up producing an illustrated HTML version of almost every book that would benefit from it.

    As long as the public domain PDF ebooks are eventually added to the real Project Gutenberg, and PG2 pays the proper royalties to PG, I don't have a problem with this site.

    Oh wait, I do... I think it's fishy that a friend of Michael Hart (the founder of PG) is awarded one of the domain names owned by the real Project Gutenberg. The "owner" of the domain is Greg Newby (the CEO of the Project Gutenberg Literary Archive Foundation. He does a fine job, and this isn't his fault ;).

    PROJECTGUTENBERG.INFO Registrant:
    Newby, Greg
    (PROJECTGUTENBERG2-DOM)

  • Format (Score:5, Insightful)

    by Dan East ( 318230 ) on Wednesday March 17, 2004 @08:03AM (#8587692) Journal
    A number of years ago (when I was reading PG texts extensively) an idea hit me for a format that would suite PG very well. The idea is to have a second meta data file that describes the .txt file. Such a beast may already exist, but here are a few points regarding such a format:
    • The system would accompany completely original, unaltered PG txts.
    • The meta data file would contain a checksum of the txt file, so the reader software would know if the file has been altered or mismatched.
    • The meta data would include bibliographic data.
    • The meta data would contain actual text formatting (for example, "turn on italics at character 12,345").
    • The couplets (meta data + txt) could then be run through converters to produce pdf or html, or be used in readers that understand the format natively.

    Anyway my idea was to simply enhance the existing system (plain text), not replace it. Obviously this would require the creation of a WYSIWYG editor, but the formatting involved would be fairly basic and could be extended as needed. A library this extensive would warrant a format custom designed for it, as opposed to trying to drive a square peg into a round hole using existing formats (pdf, html, etc, which would introduce a whole new set of compromises).

    Dan East
    • Re:Format (Score:3, Informative)

      by JBMcB ( 73720 )
      Sounds like a job for (Dun dun daaa) Docbook!

      I've been looking around for a docbook reader/editor for a while. OpenOffice.org has some basic docbook import/export support, and there are some commercial apps that can do docbook, but most are really expensive (FrameMaker, XMLSpy I think.)

      If we can get a really nice, friendly docbook editor/converter, ideally that doesn't use TeX (Arcane and HUGE)

      A reader could be a modified browser, ideally one that would let you apply styles to your taste, like, oh, mosai
  • by Call Me Black Cloud ( 616282 ) on Wednesday March 17, 2004 @09:16AM (#8588034)
    ...the Steve Guttenberg [imdb.com] project. Can you imagine it? All of his works, from the seminal "Police Academy" series to the touching "Cocoon", all available for free. Savor the acting in "Diner", then laugh your ass off at the zany antics in "Short Circuit". Oh, whose heart didn't go out to "Number 5" in that masterwork?

    Text is dead; long live video. Free Steve's work now!
  • by Jaywalk ( 94910 ) * on Wednesday March 17, 2004 @11:01AM (#8588936) Homepage
    You don't need to pay someone to get free books in PDA format. Get the plain text from Gutenberg or elsewhere, then download a copy of the program DropBook [palmdigitalmedia.com]. Run the plain text through DropBook and you'll have the book on your PDA. If you want to get fancy, you can use a text editor to mark up the book in the Palm Markup Language [palmdigitalmedia.com]. That will get you stuff like chapter headings and a table of contents.

    I did this just the other day and now I have a copy of the manual for MySQL readable on my PDA complete with a table of contents. Sweet.

  • PG vs PG2? (Score:3, Insightful)

    by Almost-Retired ( 637760 ) on Wednesday March 17, 2004 @11:07AM (#8588989) Homepage
    I think these people who intend to make money from the good name of Project Gutenburg should be drawn and quartered. Thats inexcusable.

    I hate to see the real project folks have to waste money on attornies to kick these jerks where it hurts, but I don't see a real, usable, alternative to doing just that.

    Maybe its time we found a place to submit donations if the real PG site doesn't have such a facility available. I don't have very deep pockets as I'm on SS as I approach my 70th birthday, but surely there are folks out there with deeper pockets than mine, and equally committed to shooting back instead of being mugged by the likes of these low lifes.

    We need the literary equivalent of a CWP, and a posse comitatus. To paraphrase Willy Nelson & friends, "whiskey for my men, and beer for our horses" when the job is done seems like a hell of a good idea.

    Cheers, Gene

  • by RevAaron ( 125240 ) <`moc.liamtoh' `ta' `noraaver'> on Wednesday March 17, 2004 @01:05PM (#8590237) Homepage
    Err... I mean, why would having PG books in Adobe eBook format be a good thing? Adobe eBook files are a hassle, and with no reader for any PDAs, be it a Palm OS, WinCE or Linux device, I can't see any advantage. I prefer txt, html or rtf for my ebooks, formats I can read on any PDA and any computer. And if it has to be something proprietary, at least PDB files for MobiPocket or Palm Reader allow me to read the files on PocketPC, WinCE or Palm OS. For WinCE or Linux though, I have been buying my books in .LIT, which can be converted to HTML. Yes, I actually *buy* the book, but I need some way to read it.

    But Adobe eBook... bleh. The only place to read that is on a desktop/laptop OS. And who the hell reads books that way? Not I!

    And for those who are out of the know- yes, every modernish PDA platform out now can read PDFs. But Adobe eBook files are *not* just simple PDF files, but something different. But even if the ebooks came in regular Adobe PDF format, it'd still suck- compare using something like Adobe Reader or Picsel Viewer for Palm OS or PocketPC or even worse, qpdf2 for the Zaurus with a nice app *designed* for reading ebooks- Palm Reader, JustReader+ or uBook.

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