[net-gold] BOOKS: ELECTRONIC : BUSINESS: CORPORATIONS: NAMED CORPORATIONS: GOOGLE : LAW: CASE: DECISIONS : INTERNET: SEARCH: TOOLS: Google Books Settlement Rejected
- From: "David P. Dillard" <jwne@xxxxxxxxxx>
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- Date: Thu, 24 Mar 2011 12:08:06 -0400 (EDT)
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BOOKS: ELECTRONIC :
BUSINESS: CORPORATIONS: NAMED CORPORATIONS: GOOGLE :
LAW: CASE: DECISIONS :
INTERNET: SEARCH: TOOLS:
Google Books Settlement Rejected
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Google Books Settlement Rejected
The company's plan to resolve copyright claims arising from its book
scanning project will need to be revised.
By Thomas Claburn
Information Week
March 23, 2011 05:34 PM
http://www.informationweek.com/news/internet/google/
showArticle.jhtml?articleID=229400184&cid=RSSfeed_IWK_All
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A shorter URL for the above link:
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http://tinyurl.com/4sqsqwc
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Google on Tuesday suffered a significant setback in its mission to
organize the world's information and make it universally accessible.
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Federal appeals court judge Denny Chin ruled that Google's proposed
settlement of copyright claims arising from the company's digitization of
books and presentation of excerpts online isn't fair.
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"While the digitization of books and the creation of a universal digital
library would benefit many, the ASA [Amended Settlement Agreement] would
simply go too far," the judge wrote in his ruling. "...Indeed, the ASA
would give Google a significant advantage over competitors, rewarding it
for engaging in wholesale copying of copyrighted works without permission,
while releasing claims well beyond those presented in the case."
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The judge suggested that many of his objections would be resolved were the
settlement converted from "opt-out" to "opt-in."
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culture
Explaining the Google Books Case Saga
By Jerry Brito
March 23, 2011
Time
Techland
http://techland.time.com/2011/03/23/
explaining-the-google-books-case-saga/
A shorter URL for the above link:
http://tinyurl.com/4v4qtq4
Origins of the Google Books Case
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This is the latest twist in a six-year legal saga that began when Google
announced in 2004 that it was partnering with several research
universities around the world to scan their entire library collections.
Google would then make the digitized copies available for search online.
To date Google has scanned over 12 million books.
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Scanning a book means copying it, and copying a book without permission
from the publisher or author is a violation of copyright. Soon after the
announcement, publisher and author groups began protesting Google's
ambitious plan as a violation of their rights. If Google was going to use
their works, they wanted to be asked for permissionand they wanted a cut
of any profits.
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Google maintained that scanning the books was fair use. While all books
would be indexed and searchable on the Google Books site, users would only
be able to access the full text of books that were out of copyright and in
the public domain. If a book was still under copyright, and its
rights-holder had not given permission, then a search would only return a
small snippet of text, not the whole book or even a page.
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In mid-2005, the Author's Guild and the American Association of Publishers
filed suit to stop Google from scanning any more books. Soon the Author's
Guild's case was certified as a class-action lawsuit, meaning that anyone
who had ever published a bookmillions of authorswould be part of the class
represented and would be bound by the result of the case.
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Additional Topics Covered in this Article:
An Unsettling Settlement
Saving the Orphans
What's Next
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Judge Rejects Google Book Deal Over Monopoly Concerns
The search giant wanted to let users search the full text of any book
scanned and digitally tucked away in its online database.
By Matt Peckham,
Technologizer
March 23, 2011 10:29 am
PC World
http://www.pcworld.com/article/222963/
judge_rejects_google_book_deal_over_monopoly_concerns.html
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A shorter URL for the above link:
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http://tinyurl.com/66d9aa6
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It looks like Google's attempt to bury the hatchet with authors and
publishers in its bid to digitize a world's worth of books may be in
jeopardy after a New York federal judge on Tuesday rejected a $125 million
settlement reached in October 2008.
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Google promotes that settlement on its Google Books page as "with a broad
class of authors and publishers to make the world's books even more
accessible online," but Judge Denny Chin was having none of it. Chin said
the deal would "arguably give Google control over the search market," and
that its terms went too far. Specifically: That the settlement would give
Google a "de facto monopoly" on digitized content.
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snip
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Google called the ruling "disappointing," no surprise, but Chin left the
door open for an amended settlement by rejecting the current one "without
prejudice." What's to amend? Chin wants the settlement switched to "opt
in," preventing Google from using copyrighted material by default if
copyright owners fail to "opt out."
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Does all of human knowledge registered as text "want to be free"? It's
probably the wrong question. The right one is: Do we want a single
strictly commercial entity holding the e-library door and key to every
novel, history, treatise, and manual ever written, including how it's
indexed, presented, and shared?
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Op-Ed Contributor
A Digital Library Better Than Googles
By ROBERT DARNTON
Published: March 23, 2011
New York Times
The Opinion Pages
http://www.nytimes.com/2011/03/24/opinion/24darnton.html
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The result was an extremely long and complicated document known as the
Amended Settlement Agreement that simply divided up the pie. Google would
sell access to its digitized database, and it would share the profits with
the plaintiffs, who would now become its partners. The company would take
37 percent; the authors would get 63 percent. That solution amounted to
changing copyright by means of a private lawsuit, and it gave Google legal
protection that would be denied to its competitors. This was what Judge
Chin found most objectionable.
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In court hearings in February 2010, several people argued that the Authors
Guild, which has 8,000 members, did not represent them or the many writers
who had published books during the last decades. Some said they preferred
to make their works available under different conditions; some even wanted
to make their work available free of charge. Yet the settlement set terms
for all authors, unless they specifically notified Google that they were
opting out.
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snip
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A number of countries are also determined to out-Google Google by scanning
the entire contents of their national libraries.
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snip
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Perhaps Google itself could be enlisted to the cause of the digital public
library. It has scanned about 15 million books; two million of that total
are in the public domain and could be turned over to the library as the
foundation of its collection. The company would lose nothing by this
generosity, and might win admiration for its good deed.
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Through technological wizardry and sheer audacity, Google has shown how we
can transform the intellectual riches of our libraries, books lying inert
and underused on shelves. But only a digital public library will provide
readers with what they require to face the challenges of the 21st century
a vast collection of resources that can be tapped, free of charge, by
anyone, anywhere, at any time.
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The complete articles may be read at the URLs provided for each.
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Sincerely,
David Dillard
Temple University
(215) 204 - 4584
jwne@xxxxxxxxxx
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