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pros and cons of proposed Google Book settlement


From: Dave Farber <dave () farber net>
Date: Wed, 13 Jan 2010 13:23:23 -0500





Begin forwarded message:

From: Pam Samuelson <pam () ischool berkeley edu>
Date: January 13, 2010 11:43:52 AM EST
To: David Farber <dave () farber net>
Subject: pros and cons of proposed Google Book settlement


In just over a month (on Feb. 18), a federal judge in NYC is expected to hold a hearing to consider whether to approve the proposed settlement of the Authors Guild v. Google lawsuit. Although this lawsuit only involved the narrow question of whether Google's scanning of books for the purpose of indexing their contents and making snippets available was fair use, the proposed settlement reaches far beyond this to create a new set of digital markets in books; it will give Google a license to commercialize all in-copyright out of print books published in the US, UK, Canada and Australia (unless the rights holder specifically requests that Google not do this) and will create a new collecting society whose task is to allocate funds from this commercialization to appropriate rights holders (unless they have signed up for the Google Partner Program).

The deadline for filing objections, oppositions, or opt-outs for this settlement is coming up soon, Jan. 28.

All persons who own a US copyright interest in either one or more books or book chapters or other contributions to books (known in GBS- speak as "inserts") will be affected by the settlement. Those who have yet to decide what to do about the settlement may find it useful to peruse this article which articulates the pros and cons of the proposed GBS settlement, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1535067 .





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