Public Policy Connections

SLA Provides Comments on Intellectual Property in the TPP Agreement

On 22 March 2011, Public Knowledge, Special Libraries Association and Internet NZ wrote to the office of the United States Trade Representative (USTR) stating that an Intellectual Property chapter in a truly “21st century trade agreement” should better reflect the rights and interests of the wide variety of stakeholders affected by copyright laws. To demonstrate how this reflection could be achieved, a discussion draft of a copyright chapter was submitted to the USTR for inclusion in the proposed Transpacific Partnership Agreement (TPPA), along with a letter explaining the draft. In contrast to the United States-proposed draft that was recently leaked on the Internet, PK, SLA and Internet NZ believe that this draft represents a middle-ground that is better-aligned with the interests of the widely-varied stakeholders that will be affected.

Read More: A Trade Agreement For The 21st Century

 

White House Releases Joint Strategic Plan to Combat Intellectual Property Theft

The White House has unveiled the Administration’s first Joint Strategic Plan to combat intellectual property theft. The 65-page 2010 Joint Strategic Plan on Intellectual Property Enforcement strategy contains more than thirty concrete recommendations for improvement, falling into six main categories. Victoria Espinel, the U.S. Intellectual Property Enforcement Coordinator, overviews these six categories in The White House Blog. They are:

First, we will lead by example. Specifically, we will work to ensure that we do not mistakenly purchase or use illegal products.

Second, the strategy underscores that this Administration supports transparency. That includes transparency in our development of enforcement policy, information sharing, and reporting of law enforcement activities at home and abroad.

Third, we will improve coordination and thereby increase efficiency and effectiveness of law enforcement efforts at the Federal, state and local level, of personnel stationed overseas and of our international training efforts.

Fourth, we will work with our trading partners and within international organizations to better enforce American intellectual property rights in the global economy. In that regard, we will initiate a comprehensive review of current efforts in support of U.S. businesses that have difficulty enforcing their intellectual property rights in overseas markets, with a particular focus on China.

Fifth, we must secure our supply chain. To achieve this most important goal, we will take a close look at the unique problems posed by foreign-based websites and other entities that provide access to counterfeit or pirated products, and develop a coordinated and comprehensive plan to address them. We will make sure our law enforcement has the authority it needs to secure the supply chain and also encourage industry to work collaboratively to address unlawful activity on the internet, such as illegal downloading and illegal internet pharmacies.

Sixth, and finally, we will make sure we spend your money wisely, a process we have already begun. To do that, we have, and will continue to collect and track the amount of money we spend on intellectual property enforcement per year. We will use this information to map out the most effective way to fight this theft.

Read: 2010 Joint Strategic Plan on Intellectual Property Enforcement (June 2010) (65 pages, 891 kb)

Read: Federal Register Notice — Coordination and Strategic Planning of the Federal Effort Against Intellectual Property Infringement: Request of the Intellectual Property Enforcement Coordinator for Public Comments Regarding the Joint Strategic Plan 

Read: Public Comments on the U.S. Intellectual Property Enforcement Joint Strategic Plan

Supplemental Amicus Curiae filed by Open Book Alliance on the Google Book Settlement

Today, 28 January 2010, the Open Book Alliance filed a Supplemental Amicus Curiae in opposition to the proposed settlement between the Authors Guild, Inc., Association of American Publishers, Inc. and Google, Inc. The first Amicus Curiae was filed on 4 September 2009.

The Open Book Alliance believes that the proposed settlement threatens to bottleneck the access to and distribution and pricing of the largest, private digital database of books in the world. It would do so by using the class action mechanism to not only redress past harm, but to prospectively shape the future of digital book distribution, display and search.

Answers to Three Basic Questions on the Proposed Google Book Settlement

Open Book Alliance co-founder Peter Brantley recently answered three basic questions on the proposed Google Book Settlement and posted them on YouTube.

1) Why is the proposed settlement such a big deal?

2) What will the world look like if the proposed settlement is approved?

3) Is there another way besides Google Book Settlement to deliver on the promise of a digital library while also respecting copyright holder’s rights?

Public Alternative Proposed for Google Book Settlement

On Tuesday 19  January, the Open Book Alliance of which SLA is a member, sent a letter to members of the U.S. Congress outlining key parameters of a proposed solution to the pending Google Book Search settlement. The letter asks legislators to set up a neutral system that provides greater access to books, respects the rights of authors and publishers, and doesn't grant undue power to any single company. The final fairness hearing for the case is scheduled for 18 February 2010.

Specifically, the letter from the Open Book Alliance puts forth three basic tenets that a successful digital public library must employ:

• Open Process: Only an open and deliberative conversation in Congress will appropriately weigh the concerns of all stakeholders and create bright-line laws that apply equally to all consumers, companies and stakeholders.

• Public Guardian: To ensure the widest participation by content holders and greatest public benefit, the digital book database should be entrusted to a neutral, civic, not-for-profit organization. Respected librarians, like Harvard’s Robert Darnton, have suggested that a not-for-profit or public sector library, such as the Library of Congress, be named the public guardian. The governments of France and the Netherlands have adopted this model and entrusted public institutions with the administration of digital libraries.

• Public Interest: The rights to conduct a book digitization program must not be exclusively granted to a single for-profit company as a result of legal arrangements delivering an unfair monopoly. Any book digitization efforts must also uphold the rights of authors and respect copyright laws.

SLA looks forward to the day when there is a completely electronic, searchable, and universally accessible repository of digital books. Such a repository has the potential to bring untold value and knowledge to individuals, organizations and libraries, making more information available to more people around the globe. The final ruling on the Google Book Search settlement, however, must consider the full ramifications on issues of copyright, access, affordability and privacy. This is an important legal matter that, if decided improperly, 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 and take into consideration input from the public and important stakeholders.

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.