Re: Google Book-Scanning Pact to Give Libraries a Say in Price - NYTimes.com

[David Farber <dave () farber net>]

Begin forwarded message:

From: John Morris <jmorris () cdt org>
Date: May 21, 2009 5:21:04 PM EDT
To: David Farber <dave () farber net>, brett () lariat net
Subject: Re: [IP] Re:   Google Book-Scanning Pact to Give Libraries a  
Say in Price - NYTimes.com

Brett (and Dave, if you wish):

Whatever one thinks about the proposed Google Books settlement (and we  
have some concerns, particularly in the area of reader privacy), I  
think you are misunderstanding the situation.

No one is suggesting doing anything without your consent.  In fact,  
the opposite is true -- the plaintiffs lawyers (who sued Google) are  
claiming to the court that THEY represent you (or at least, they argue  
that the court should certify the class action so that they DO  
represent you), and on your behalf they have negotiated a proposed  
deal with Google.  If you do not like what those lawyers have  
negotiated, you have the absolute right to opt out of the settlement,  
and then the settlement (if it is approved) will have no affect on  
your copyrights at all.  If you opt out, you can sue Google on your  
own, or try to strike your own deal with Google, or put your rights up  
for bidding, or just not worry too much about it and let Google index  
any books you have published, or whatever.

I am not saying here that the proposed settlement is good or bad (as  
noted, we have some concerns about something that overall has  
significant potential value), just that I don't think that it is fair  
to say that either the "government" or Google is trying to do anything  
to you without your consent.

John

On May 21, 2009, at 4:47 PM, David Farber wrote:
> Begin forwarded message:
>
> From: Brett Glass <brett () lariat net>
> Date: May 21, 2009 11:04:29 AM EDT
> To: dave () farber net, "ip" <ip () v2 listbox com>
> Subject: Re: [IP] Google Book-Scanning Pact to Give Libraries a Say  
> in Price - NYTimes.com
>
> Dave, and everyone:
>
> I am astonished by the entire Google book licensing scheme.
>
> Section 8 of the US Constitution says that I, as an author, am  
> entitled to be granted the exclusive rights to my work for a limited  
> (although constantly expanding) period of time. It does NOT  
> authorize the government to grant rights to that work to any third  
> party. Doing so would not only exceed the powers granted to Congress  
> by the Constitution (and thus be unconstitutional), but would also  
> be an unconstitutional "taking" under the 5th Amendment.
>
> I am astonished that the government would even consider granting to  
> a single corporation -- most especially Google -- the exclusive  
> right to use my works without my consent. I want companies to be  
> able to bid for that right. What's more, given that Google, since  
> its merger with DoubleClick, is the number one source of spyware  
> "cookies" on the Internet and is lobbying in DC to regulate and  
> destroy my business as an ISP, Google is the company to which I  
> would be least likely to agree to license my work.
>
> --Brett Glass
>
>
>
>
>
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