Archive for the 'Mass Digitizaton' Category

Analysis of the Authors Guild et al. v. HathiTrust et al. Case

Posted in Copyright, Digital Copyright Wars, Mass Digitizaton, Publishing on October 5th, 2011

Below are a selection of posts and other documents analyzing the Authors Guild et al. v. HathiTrust et al. case.

Read more about it at "Authors Guild v. HathiTrust et al. Resources."

| New: Institutional Repository and ETD Bibliography 2011 | Digital Scholarship |

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    "Access to the Agreement between Google Books and the British Library"

    Posted in Copyright, Digital Copyright Wars, E-Books, Google and Other Search Engines, Mass Digitizaton, Publishing on August 24th, 2011

    In "Access to the Agreement between Google Books and the British Library," Javier Ruiz of the Open Rights Group analyzes the Google Books contract between Google and the British Library (includes a link to contract).

    Here's an excerpt:

    The British Library recently announced to much fanfare a deal with Google to make available online a quarter of a million books no longer restricted by copyright, thus in the public domain.

    The deal is presented as a win-win situation, where Google pays for the costs of scanning the books, which will be available on both Google and BL's websites. This sounds very philanthropic from Google, however the catch is in the detail:

    "Once digitised, these unique items will be available for full text search, download and reading through Google Books, as well as being searchable through the Library's website and stored in perpetuity within the Library's digital archive."

    In order to find out what this really means we asked the British Library for a copy of the agreement with Google, which was not uploaded to their transparency website with other similar contracts, as it didn't involve monetary exchange.

    | Digital Scholarship |

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      Is the Google Book Settlement Still Possible?

      Posted in Copyright, Digital Copyright Wars, E-Books, Google and Other Search Engines, Mass Digitizaton, Publishing on August 21st, 2011

      In "Google Books Settlement, 2008-2011," James Grimmelmann analyzes the impact of recent rulings and case resolutions on the Google Book Settlement. The rulings and resolutions are the In re: Literary Works in Electronic Databases Copyright Litigation ruling, the National Music Publishers' Association's resolution of The Football Association Premier League Limited, et al. v. You Tube, Inc. lawsuit (consolidated into Viacom v. YouTube), and the Wal-Mart Stores, Inc. v. Dukes et al. ruling.

      Here's an excerpt:

      The road to class-wide settlement—even to a much more modest settlement that covers only scanning and searching—now appears to be barred. What is more, in light of the freelancers' case and the Supreme Court's recent Wal-Mart case, the road to class-wide litigation also looks to be extraordinarily difficult. Google will raise many of the same adequacy of representation arguments in its opposition to class certification. It might still be more feasible for a few copyright owners holding large number of copyrights to litigate on an individual basis—but the major publishers, who best fit that bill, have all more or less made their peace with Google through its Partner Program. The odds of the authors being able to see this one through to the end have just dropped precipitously. Google is holding all the cards now, and they're all full houses.

      | New: Google Books Bibliography, Version 7 | Digital Scholarship |

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        Google Books Bibliography, Version 7

        Posted in Bibliographies, Copyright, Digital Copyright Wars, Digital Scholarship Publications, E-Books, Google and Other Search Engines, Mass Digitizaton, Publishing, Scholarly Communication on August 14th, 2011

        Digital Scholarship has released version 7 of the Google Books Bibliography, which presents over 325 selected English-language articles and other works that are useful in understanding Google Books. It primarily focuses on the evolution of Google Books and the legal, library, and social issues associated with it, especially the Google Book Settlement. To better show the development Google Books, it is now organized by year of publication. It primarily includes journal articles, e-prints, magazine articles, and newspaper articles. This version expands coverage of law review articles and legal e-prints. Where possible, links are provided to works that are freely available on the Internet.

        The following recent Digital Scholarship publications may also be of interest:

        | Digital Scholarship | Digital Scholarship Publications Overview |

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          Opt-In Settlement for Google Books Case?

          Posted in Copyright, Digital Copyright Wars, E-Books, Mass Digitizaton, Publishing on July 20th, 2011

          James Grimmelmann reports that Michael Boni told US District Court Judge Denny Chin at the 7/19/11 status conference that the parties involved in the Google Books lawsuit "have been aiming for an opt-in settlement." The next status conference will occur on 9/15/11.

          Here's an excerpt from Grimmelmann's "GBS Status Conference: Opt-in Settlement in the Works?" post:

          What that might mean is not obvious. It could mean an actual opt-in settlement, one that binds only class members who send in claim forms. It could mean a settlement in which Google commits to an open-ended offer to all class members. It could mean a narrower, scanning-and-searching-only settlement, so that copyright owners can "opt in" to book sales by striking their own individual deals with Google.

          Read more about it at "Judge Concerned with Lack of Progress in Revised Google Settlement Talks."

          | Digital Scholarship Publications Overview |

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            "After Google Book Search: Rebooting the Digital Library"

            Posted in Copyright, Digital Copyright Wars, E-Books, Mass Digitizaton, Publishing on July 17th, 2011

            Randal C. Picker has self-archived "After Google Book Search: Rebooting the Digital Library" in SSRN.

            Here's an excerpt:

            The rejection of the Google Book Search settlement means that we are at a point of rebooting how we design our digital library future. There were many criticisms of GBS and the settlement but perhaps chief among those was the risk that approval of the settlement would have locked in a single approach to digital libraries. Google would have received unique access to the so-called orphan works and that would have provided it what may have been a decisive advantage against digital library competitors, both private and public. As we move forward on the orphan works, we need to do so with two principles in mind. First, we need to enable broad competing uses of the orphan works while, to the greatest extent possible, respecting the rights of the orphan works holders. Second, we should not repeat the mistake of the GBS settlement by somehow tilting the table in favor of digital library monopoly, either public or private.

            | Digital Scholarship Publications OverviewGoogle Books Bibliography |

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              Podcast: Pamela Samuelson on Codifying the Google Books Settlement

              Posted in Copyright, Digital Copyright Wars, E-Books, Mass Digitizaton, Publishing on July 6th, 2011

              In this podcast, Pamela Samuelson discusses her 2011 paper "Legislative Alternatives to the Google Book Settlement" with Jerry Brito, Senior Research Fellow at the Mercatus Center at George Mason University.

              | Digital Curation and Preservation Bibliography 2010 | Institutional Repository Bibliography | Transforming Scholarly Publishing through Open Access: A Bibliography | Scholarly Electronic Publishing Bibliography 2010 |

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                "Just Google It!—The Google Book Search Settlement: A Law and Economics Analysis"

                Posted in Copyright, Digital Copyright Wars, E-Books, Google and Other Search Engines, Mass Digitizaton, Publishing on May 4th, 2011

                Frank Müller-Langer and Marc Scheufen have self-archived "Just Google It!—The Google Book Search Settlement: A Law and Economics Analysis" in SSRN.

                Here's an excerpt:

                Our law and economics analysis of the Book Search Project suggests that—from a copyright perspective—the proposed settlement may be beneficial to right holders, consumers, and Google. For instance, it may provide a solution to the still unsolved dilemma of orphan works. From a competition policy perspective, we stress the important aspect that Google’s pricing algorithm for orphan and unclaimed works effectively replicates a competitive Nash-Bertrand market outcome under post-settlement, third-party oversight.

                | Digital Scholarship | Digital Scholarship Publications Overview | Reviews of Digital Scholarship Publications |Google Books Bibliography |

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