DAY 129: The Google Books Epiphany
- mainemoviepirate
- 3 hours ago
- 3 min read

Actual Entry - 10/29/21 - FRI -
Excellent night sleep, must have fell asleep fast. Dreamed but no recall.
H/L, doses, worked W-D type up. (Almost done) - (Poem... about walking?)
Got some good stuff with Google Books, and "permissions" - hmmm.... this is where the frustration lies, the appeal part is where the actual case was gonna take place "the fight" as it were. And I can't be involved in it! Maybe another Steve letter is in order. or I'll just chill and work on it sporadically.
Write-Write-Write.
Real Motion VS. OW Paper,
LUNCH: Famous Fish Friday, (Pass), Mac and.... Mayo?, (Ate some).
Carrots. (Ate All)
Not really much of a job w/o the plasticware/napkin gig.
Finished, for Real, * (tho still unhappy w/ending) Walking Distance and the retype, now just to email to Mom & Lucas Knight for Preservation.
Return Address: Joke, Ridiculs.
Dog Row VS. Aryan Alley.
SUPPER: CK Fried Rice, peas, bread (ck & Bread in reserve).
Did more research, Right on the edge of finishing Frankenstein III, wrote Man... Die.... rewrite. Day 130 tomorrow, my 2nd fav. Holiday coming up, my first, and may be only Halloween Incarcerated. Spooky.
Shit, that's right W & T go for the week-end, but Webby is still here.
Hmmm...
[Bottom of page]
You're in my seat: Die Hard on screen One.

Four Years Later -
This day was marked by my discovery of the Google Books case, Authors Guild, Inc. v. Google, Inc., and a deep dive into it (as much as one can deep dive into legal research in prison). I do remember briefly talking to my attorney about the case before the trial. Playing Monday morning quarterback several years later, my lawyer, in my opinion, should have made a bigger deal out of it, or at least objected every time the prosecutor said, “Gordon NEVER asked permission!”
Just rolling out this one quote from Authors Guild, Inc v. Google—“The right of fair use... permits the unauthorized copying of copyrighted works for a transformative purpose... without the owner’s consent”—might have made a much more persuasive argument for my Fair Use of Orphan Works defense. Realizing this after the fact—yet before the direct appeal, when I had no real way to communicate with my attorney—was extremely frustrating at the time. But now, four years later, it just adds fuel to my quest for the clarification of Fair Use regarding Orphan Works in the United States.
The other important thing was finally finishing the rough draft of my short story, Walking Distance. It was a deeply personal story. As for the poem—no matter what you think of "amateur" poetry (whatever that means)—it was also semi-biographical. Since an early age and throughout most of my adult life, I have used poetry to express my thoughts and messages to other people, just as Davie, the character in Walking Distance, expressed how he felt to Laney in the story. I am also including a picture of this handwritten poem, which has since been rewritten several times as I’ve submitted the story to various platforms for publication, because it shows the raw creative process.

