Public Policy Connections

Google Books Settlement Rejected

The Open Book Alliance, of which SLA is a member, applauded the rejection of Google Books Settlement. The New York Federal District Court’s rejection of the Google Book Settlement is a victory for the public interest and for competition in the literary and Internet ecosystems.  In his decision, Judge Denny Chin confirmed that the proposed settlement “would give Google a de facto monopoly over unclaimed works” and concluded that the proposed settlement “is not fair, adequate, and reasonable.” In his conclusion, Judge Chin gave voice to the authors and creators who have long opposed this proposed settlement by urging the parties to consider revising the settlement to an “opt-in” structure.

Read More:

New York Times : Judge Rejects Google’s Deal to Digitize Books

Computer Weekly.com:  Open Book Alliance welcomes court ruling on Google book plan

Revised Google Book Settlement Filed

On Friday 13 November 2009,Google, the Authors Guild, and the Association of American Publishers released their Amended Settlement Agreement and a motion for preliminary approval of the amended settlement. 

The modified agreement, among many things, provides more flexibility offering discounts on electronic books as well as promising to make it easier for others to access and resell digital books covered in the settlement. Google hopes the series of new provisions will help keep the deal alive. The parties' motion also seeks Court approval of a Supplemental Notice which, if approved, will be sent out in early December 2009.

Read: Redline version of the Amended Settlement Agreement

Read More: Coyle's InFormation 

Deadline Set for Revised Google Book Settlement

In the October 7, 2009 Court Hearing in Google Book Settlement Case, Federal Judge Danny Chin set November 9, 2009 as the date by which Google and its partners must submit a revised settlement for the court’s preliminary approval.

Many believe the revised settlement must be subject to full review and scrutiny by the vast array of stakeholders -- authors, academics, consumer advocates, privacy groups, libraries, and others -- who have spoken out. The Open Book Alliance, of which SLA is a member, issued statement from co-founder Peter Brantley in response to the U.S. District Court hearing on the Google Book Settlement case.

Read: Open Book Alliance Statement

Read news story: Judge Sets Nov. 9 Deadline For Revised Google Book Settlement

Read news story: Google Books court saga continues

Read news story: Google Gets Until Nov. 9 to Revise Book Pact

Google Book Search Bibliography

Digital Scholarship has produced Version 5 of the Google Book Search Bibliography.  The bibliography focuses primarily on the evolution of Google Book Search and the legal, library, and social issues associated with it. Where possible, links are provided to works that are freely available on the Internet, including e-prints in disciplinary archives and institutional repositories.

Open Book Alliance Files Brief Countering Proposed Google Book Settlement

The Open Book Alliance filed an amicus brief on 8 September with the United States District Court for the Southern District of New York countering the proposed settlement between Google, the Association of American Publishers (AAP), and the Authors’ Guild. 

The Open Book Alliance is a coalition of librarians, legal scholars, authors, publishers, and technology companies created to counter the proposed Google Book Settlement in its current form. SLA is a member.

Opposition to the Google Books Settlement has been growing and is flowing in from all corners of the United States. Major players in Europe also had their chance to express their problems with the scheme in recent days. Both France and Germany have officially registered their objection to the deal. A French minister stated plainly: “Google will have a monopoly digitalising European orphan works without permission.”

Open Book Alliance Website Launched

We announced in late August that SLA joined a new alliance calling for the investigation into the Google Books Settlement. The Open Book Alliance website officially launched on 26 August 2009. SLA is participating in this newly formed alliance in order to seek resolution on issues of copyright, access, anti-trust and privacy in the Google Books Settlement case.

A completely electronic, searchable, and universally accessible repository of digital books has the potential to bring untold value and knowledge to individuals, organizations and libraries, making more information available to more people around the globe. SLA looks forward to that day. In the meantime, we are joining this effort because we believe that the DOJ must look into the full ramifications of this settlement on issues of copyright, access, affordability and privacy.

SLA’s goal is to ensure that any mass book digitization and distribution system addresses those extremely important issues, and that access to such valuable information remains open and competitive. We are also looking for additional answers on how the settlement will achieve a fair and accessible system. As with any important legal decision that may threaten the accessibility of information to the public, SLA believes it should be grounded in sound public policy, be mindful of the long-term benefits for the greater good, as well as take into consideration input from the public and important stakeholders.

DOJ Investigating Google Books Settlement

The U.S. Department of Justice (DOJ) has opened a formal investigation into the settlement between Google and book publishers over digital publishing rights. In a letter sent last week to the federal judge charged with reviewing the settlement, the DOJ said it was reviewing concerns that the agreement could violate the Sherman Antitrust Act.

SLA has been active in discussions with Google about the proposed settlement. At SLA’s 2009 Public Policy Update, Dan Clancy, engineering director, Google Book Search, provided an overview of the scope of the Google Book Search Settlement Agreement and addressed various concerns and questions from audience members.
Read more.

Google Comments on SLA Concerns Voiced Over Book Settlement

As reported in our Public Policy blog on 28 May, Derek Slater, policy analyst with Google, met with staff at SLA headquarters to discuss and address various concerns that have been voiced by SLA members over the Google Book Search Settlement, now pending court approval.

On 2 June, Derek Slater commented on that blog post, providing responses to several topics, including orphan works -- stating that it will remain one of Google's priorities to work to pass effective orphan works legislation.

Read Derek Slater's comments.

SLA Meets with Google Regarding Book Settlement

There has been an ongoing flurry of questions and concerns regarding the Google Book Settlement, a settlement that could expand individuals' and groups' online access to books in both electronic and print. The settlement still must be approved by a U.S. District Court of New York.

The Google settlement could be an amazing step forward, but at what cost—in dollars and liberties? Along with excitement about the good that could arise from the settlement (see Google Book Search Will Expand Access), there are also fears that it could compromise basic library values such as equal access to information, privacy, and intellectual freedom.

Last week, Derek Slater, Policy Analyst with Google, met with staff at SLA headquarters to discuss and address various concerns that have been voiced by SLA members over the settlement (Read settlement explanation). Though we discussed many issues, the conversation focused on four primary areas: institutional subscription pricing, privacy, intellectual freedom, and orphan works.

As a result of the meeting, Google has agreed to have a Dan Clancy, Engineering Director, Google Book Search, join us at the SLA 2009 Annual Conference & INFO-EXPO for SLA’s Public Policy Update. Join us Tuesday, 16 June 2009, 11:30 a.m.-1:00p.m. to hear an overview of the settlement, pose questions you may have, and voice your praises or concerns.

Antitrust Inquiry into Google Books Deal Opened by USDOJ

The U.S. Department of Justice (USDOJ) has begun an inquiry into the antitrust implications of Google’s settlement with authors and publishers over its Google Book Search service. The settlement, announced in October, gives Google the right to display the books online and to profit from them by selling access to individual texts and selling subscriptions to its entire collection to libraries and other institutions. Revenue would be shared among Google, authors and publishers.

USDOJ lawyers recently notified the parties to the settlement, including Google, and representatives for the Association of American Publishers and the Authors Guild, that they were looking into various antitrust issues related to the far-reaching agreement.

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Wall Street Journal
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