Techdirt. Stories about "pearson"

Textbook Publisher Pearson Takes Down 1.5 Million Teacher And Student Blogs With A Single DMCA Notice

Tim Cushing — Mon, 15 Oct 2012 07:18:26 PDT

If there's one thing we've seen plenty of here at Techdirt, it's the damage a single DMCA takedown notice can do. From shuttering a legitimate ebook lending site to removing negative reviews to destroying a user's Flickr account to knocking a copyright attorney's site offline, the DMCA notice continues to be the go-to weapon for copyright defenders. Collateral damage is simply shrugged at and the notices continue to fly at an ever-increasing pace.

Textbook publisher Pearson set off an unfortunate chain of events with a takedown notice issued aimed at a copy of Beck's Hoplessness Scale posted by a teacher on one of Edublogs' websites (You may recall Pearson from such other related copyright nonsense as The $180 Art Book With No Pictures and No Free Textbooks Ever!). The end result? Nearly 1.5 million teacher and student blogs taken offline by Edublogs' host, ServerBeach. James Farmer at wpmu.org fills in the details.

In case you don’t already know, we’re the folks not only behind this site and WPMU DEV, but also Edublogs… the oldest and second largest WordPress Multisite setup on the web, with, as of right now 1,451,943 teacher and student blogs hosted.

And today, our hosting company, ServerBeach, to whom we pay $6,954.37 every month to host Edublogs, turned off our webservers, without notice, less than 12 hours after issuing us with a DMCA email.

Because one of our teachers, in 2007, had shared a copy of Beck’s Hopelessness Scale with his class, a 20 question list, totalling some 279 words, published in 1974, that Pearson would like you to pay $120 for.

Putting aside for a moment the fact that Pearson somehow feels that a 38-year-old questionnaire is worth $120, and the fact that the targeted post was originally published in 2007, there's still the troubling question as to why ServerBeach felt compelled to take down 1.5 million blogs over a single DMCA notice. There's nothing in the DMCA process that demands an entire "ecosystem" be killed off to eliminate a single "bad apple." This sort of egregious overcompliance gives certain copyright holders all the encouragement they need to continue to abuse the DMCA takedown system.

Making this whole catastrophe even worse is the fact that Edublogs already has a system in place to deal with copyright-related complaints. As the frontline for 1.5 million blogs, Edublogs is constantly fighting off scrapers and spam blogs (splogs) who siphon off content. The notice sent to Edublogs had already been dealt with and the offending post removed, but these steps still weren't enough.

So, yesterday, when we got a DMCA notice from our hosts, we assumed it was probably a splog, but it turned out it wasn’t, rather just a blog from back in 2007 with a teacher sharing some materials with their students...

And the link they complained about specifically is still on Google cache, so you can review it for yourself, until Pearson’s lawyers get Google to take that down… or maybe Google will get shut down themselves ;)

So we looked at it, figured that whether or not we liked it Pearson were probably correct about it, and as it hadn’t been used in the last 5 years ’splogged’ the site so that the content was no longer available and informed ServerBeach.

Clearly though that wasn’t good enough for Serverbeach who detected that we still had the file in our Varnish cache (nevermind that it was now inaccessible to anyone) and decided to shut us down without a word of warning.

Well, there actually was a "word of warning." Farmer received the following notice that clearly states ServerBeach's DMCA policy, which, unbelievably, entails taking entire servers offline in order to "comply" with DMCA notices. For $75,000 a year, you'd think Edublogs would be entitled to a bit more nuance.

As for Pearson, it's a shame to see a zero-tolerance, all-uses-are-infringing attitude superseding any sort of educational benefit gained from being included in a teacher's class materials. Taking a look at the original post (below), it appears to be no different than a teacher photocopying course materials for attending students.

Hosting it online may make the test infinitely distributable, but there's no indication this was the teacher's intent. One of several problems in copyright law is the fact that what appears to be fair use to the layman is usually illegal. And the unintended consequences of actions taken in good faith tends to include a ton of collateral damage -- damages which usually far outweigh any perceived losses from non-commercial infringement. Because of this, hosting companies tend to prefer harming a relationship with a paying customer to finding their safe harbors under attack. For the sake of a $120 paper, ServerBeach was more than willing to drop a $75,000/year customer. Despite all the whining, copyright still has plenty of power. Too bad it's so easily abused.

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Open Textbook Startup Sued For Allegedly Copying 'Distinctive Selection, Arrangement, and Presentation' Of Facts From Existing Titles

Glyn Moody — Wed, 11 Apr 2012 07:14:00 PDT

The Boycott Elsevier movement discussed here on Techdirt several times was born of a frustration at the high prices of academic journals. But another area arguably afflicted even more is that of textbooks for higher education:

According to The College Board, the average college student spends over $1,000 per year on textbooks. At community colleges, the cost of textbooks alone can often exceed 50% of a student’s overall educational expenses.

Is it any wonder that 7 in 10 college students have skipped buying a required text due to price concerns?

Just as with the publishing of academic papers, that translates into very fat profit margins: The textbook publishing market is an oligopoly, with over 80% of the textbook market controlled by the top 4 publishers: Pearson, Cengage, Wiley and McGraw-Hill.

These publishers have been able to maintain nearly 65% gross margins on what is essentially a commodity product. They have continued to raise prices for this stagnant product in the face of innovation in every other information related industry, growing at a rate of 3 times inflation.
Those figures are found in a blog post from a startup called Boundless that is "committed to bringing educational content into the 21st century," by offering free texts for core higher education subjects that are designed to replace expensive traditional titles. That hasn't gone down too well with three of the leading publishers of textbooks -- Pearson, Cengage Learning, and Macmillan Higher Education -- which have just sued Boundless: Defendant is in the business of distributing online textbooks that it claims serve as "substitutes" for Plaintiffs' textbooks. Rather than produce its own textbooks, however, Defendant steals the creative expression of others, willfully and blatantly violating Plaintiffs' intellectual property rights in several of their highest profile, signature textbooks. Defendant exploits and profits from Plaintiffs’ successful textbooks by making and distributing the free "Boundless Version" of those books, in the hope that it can later monetize the user base that it draws to its Boundless Web Site.
The nature of what Boundless is alleged to have "stolen" is rather unusual: Notwithstanding whatever use it claims to make of "open source educational content," Defendant distributes "replacement textbooks" that are created from, based upon, and overwhelmingly similar to Plaintiffs’ textbooks. Defendant generates these "replacement textbooks" by hiring individuals to copy and paraphrase from Plaintiffs’ textbooks. Defendant boasts that they copy the precise selection, structure, organization and depth of coverage of Plaintiffs' textbooks and then map-in substitute text, right down to duplicating Plaintiffs’ pagination. Defendant has taken hundreds of topics, sub-topics, and sub-sub-topics that comprise Plaintiffs' textbooks and copied them into the Boundless texts, even presenting them in the same order, and keying their placement to Plaintiffs’ actual pagination. Defendant has engaged in similar copying or paraphrasing with respect to the substance of hundreds of photographs, illustration, captions, and other original aspects of Plaintiffs’ textbooks.
So the accusation seems to be that Boundless books are functional "clones" of existing textbooks, with the same overall organization and pagination, but with different words filling out the topics, sub-topics and sub-sub-topics. The question then becomes whether there is copyright in that arrangement.

The plaintiffs are also concerned about what they term "photographic paraphrasing":

An example of the obvious nature of Defendant’s photographic paraphrasing can be found in Chapter 8 of the authentic version of Campbell’s Biology where Plaintiff Pearson and its authors describe the First and Second Laws of Thermodynamics. To exemplify those laws, Plaintiff Pearson and its authors included two photographs, one of a bear catching and eating a fish, and another of a bear running. Plaintiff Pearson and its authors could have used any one of a universe of possible photographic subjects to demonstrate the laws of thermodynamics, but, based on the manner in which they wished to express their aesthetic and scholarly judgments, they opted for the bear engaged in these activities. In Chapter 8 of the Boundless Version of Cambell’s Biology, Defendant also discusses the first and second laws of thermodynamics. Defendant also includes two photographs to exemplify these laws, but instead of basing its selection and ordering on their own aesthetic and scholarly judgments, the two photographs Defendant includes are also of a bear eating a fish and a bear running, reflecting only the previously made creative, scholarly and aesthetic judgments of the authors and editors of Campbell’s Biology.

Is the use of a bear eating a fish a creative choice? Or is the creativity only in how the bear and the fish are depicted? In many ways, this is the same question put to a UK judge recently concerning a photo with a red double-decker bus crossing a bridge in London. In that case, rather surprisingly, the judge found that you could copyright the basic idea of a photograph.

In response to the publishers' lawsuit, Boundless says:

We’re currently preparing our full response, and we believe that the allegations in this lawsuit are without merit and we will defend our company and mission vigorously.

So it sounds as if we may get a chance to see where a US judge stands on that key issue of the idea/expression dichotomy in the case of academic textbooks and pictures of bears. This could be interesting.

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Top Public School Signs Multi-Million Dollar Deal To Copyright & Sell Its Curriculum

Mike Masnick — Thu, 10 Jun 2010 11:40:58 PDT

If you go back to the original intent of copyright law, it was to improve learning and knowledge. "Promoting the progress of science" really mean "knowledge" at the time it was written. But, these days, we've lost pretty much all touch with that original intention. Last year, we noted that there was a growing battle over whether or not teachers could sell their lesson plans, with some districts claiming copyright over all teacher curricula and lesson plans to make sure that only they could determine how those plans were used. Of course, in the past (and, for many, the present) teachers often freely shared curricula and lesson plans with each other, in an effort to spread the knowledge and help each other out.

But throw in a bit of copyright, and a chance to "profit" -- even for a public school -- and apparently the whole concept of sharing gets tossed out the window. Kevin Donovan alerts us to the news that publishing giant Pearson has signed a multi-million dollar deal with a public school district. Basically, Pearson is giving the Montgomery County Public Schools $2.25 million for the right to their curricula, which it will sell. The schools will also get a 3% royalty. Pearson can change the curricula if it wants, so it might not even be what the teachers there put together, but they're apparently trying to build up a big brand around this school district, which tends to do well in various metrics.

Of course, some people are quite uncomfortable with this. Now the teachers won't be able to share the curriculum they themselves develop. And that could come back to haunt them. Will teachers at other schools be willing to share their own curricula with schools that are locking down and selling their own? One of the dissenting school board members (only two were against the deal) is reasonably worried that deals like this may turn teachers into sales people, rather than teachers.

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Does Sale Of Dow Jones Mean The End Of The Paywall?

Joseph Weisenthal — Wed, 1 Aug 2007 12:23:45 PDT

With News Corp.'s purchase of Dow Jones now all but certain, there's a lot of discussion about whether Rupert Murdoch will pull a Mikhail Gorbachev and tear down that (pay)wall at the Wall Street Journal. Yesterday we argued that if the Financial Times wants to raise its profile in the US, it should do just that, as a way of differentiating itself from the Journal. At this point, there's no way of knowing whether Murdoch will make the move first and preempt Pearson (parent company of the Financial Times). You have to figure that he has other things on his mind right now than how best to monetize the Wall Street Journal online. But, seeing as part of the deal's rationale is to bolster the credibility of Fox's forthcoming business channel, it makes sense to make the Journal's content more widely available. Another possibility, put forward by the founder of MarketWatch (also a Dow Jones property), is to tie MarketWatch in with Fox, leaving the Journal as it is, a premium offering for non-retail investors. But, realistically, the MarketWatch brand doesn't carry near the value that the Journal does -- if Murdoch is really intent on bolstering its business channel, it has to do it by leveraging the Journal.

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Pearson Mulls Possibilities To Exploit News Corp./Dow Jones

Joseph Weisenthal — Tue, 31 Jul 2007 08:31:38 PDT

By all accounts, News Corp.'s bid for Dow Jones is coming down to the wire, although the latest indication is that the deal is likely to go through. If the deal does happen, one of the big winners could be Pearson, the publisher of the Financial Times, which has been making an aggressive push to expand its global presence and present itself as an alternative to the Wall Street Journal. Already, the company has indicated that it would like to partner up with another major media organization in order to promote its brand. One possibility would be to partner up with CNBC if News Corp. decides to sever Dow Jones' relationship with the business news network. In addition to striking such a partnership, Pearson should be looking to open up its content as a way of differentiating the Financial Times from the Wall Street Journal. At the moment, the sites of both papers are largely locked down, with most content available to subscribers only. Were the Financial Times to take down this wall, opening up its best content to the public, it wouldn't be hard to imagine the paper usurping some of the Journal's influence.

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