Author’s Guild et al. v. Google Inc. Ruling: Amended Settlement Agreement Denied

Posted in Copyright, Digital Copyright Wars, E-Books, Google and Other Search Engines, Mass Digitizaton, Publishing on March 23rd, 2011

Judge Denny Chin of the U.S. District Court Southern District of New York has denied the Amended Settlement Agreement for the Author's Guild et al. v. Google Inc. case.

Here's an excerpt from the ruling:

Before the Court is plaintiffs' motion pursuant to Rule 23 of the Federal Rules of Civil Procedure for final approval of the proposed settlement of this class action on the terms set forth in the Amended Settlement Agreement (the "ASA"). The question presented is whether the ASA is fair, adequate, and reasonable. I conclude that it is not.

While the digitization of books and the creation of a universal digital library would benefit many, the ASA would simply go too far. It would permit this class action—which was brought against defendant Google Inc. ("Google") to challenge its scanning of books and display of "snippets" for on-line searching—to implement a forward-looking business arrangement that would grant Google significant rights to exploit entire books, without permission of the copyright owners. Indeed, the ASA would give Google a significant advantage over competitors, rewarding it for engaging in wholesale copying of copyrighted works without permission, while releasing claims well beyond those presented in the case.

Accordingly, and for the reasons more fully discussed below, the motion for final approval of the ASA is denied. The accompanying motion for attorneys' fees and costs is denied, without prejudice.

Read more about it at "After Rejection, a Rocky Road for Google Settlement"; "GBS March Madness: Paths Forward for the Google Books Settlement"; "Google Books Settlement: Copyright, Congress, and Information Monopolies"; "Google Settlement Is Rejected"; "Inside Judge Chin's Opinion"; "Please Refine Your Search Terms"; and "Publishers Remain Committed to Expanding Online Access to Books and Upholding Copyright Despite Court Decision."

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"The Costs and Potential Benefits of Alternative Scholarly Publishing Models"

Posted in Open Access, Publishing, Scholarly Journals, Self-Archiving on March 22nd, 2011

John W. Houghton has published "The Costs and Potential Benefits of Alternative Scholarly Publishing Models" in the latest issue of Information Research.

Here's an excerpt:

The costs and benefits associated with alternative scholarly publishing models demonstrate that research and research communication are major activities and the costs involved are substantial. Our preliminary analysis of the potential benefits of more open access to research findings suggests that returns to research are also substantial and that different scholarly publishing models might make a material difference to the returns realised as well as the costs faced. It seems likely from this preliminary analysis that more open access could have substantial net benefits in the longer term and, while net benefits may be lower during a transitional period they would be likely to be positive for both open access journal publishing and self-archiving alternatives.

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Library Associate I at Rutgers University Libraries

Posted in Digital Library Jobs on March 22nd, 2011

The Rutgers University Libraries are recruiting a Library Associate I.

Here's an excerpt from the ad:

Reports to the RUcore (Rutgers University Community Repository) Collection Manager. Provides coordination for all digital library projects; engages in many digital projects that involve faculty and staff across the university. Coordinates, monitors, and enables all projects to be successfully completed. Maintains a schedule of all digital library projects and consults with the managers of primary collections within the repository—scholarship, research, and special collections/cultural heritage. Assists with project set up and organization, checks that adequate resources such as staffing and equipment are available for each project, and monitors and reports on project progress. Leads individual projects or performs digital tasks as needed for identified projects. These tasks include, but are not limited to, original metadata creation and digitization of analog resources. Supervises student assistants who assist with digital projects and trains other staff in digital collection building tasks such as resource digitization and metadata creation.

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Current News: Twitter Updates for 3/22/11

Posted in Current News: DigitalKoans Twitter Updates on March 22nd, 2011

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Digital Initiatives Coordinator at Portland State University Library

Posted in Digital Library Jobs on March 22nd, 2011

The Portland State University Library is recruiting a Digital Initiatives Coordinator. Salary range: $40,632-$66,732.

Here's an excerpt from the ad:

The Digital Initiatives Coordinator will provide leadership, project management, and work in the creation, development, and production of digital content associated with the Library's collections and related projects. This innovative, energetic individual will work collaboratively with colleagues to develop and implement policies, procedures, workflows, and metadata standards for the Library's digital collections program; manage assigned digitization projects; and participate in the overall management of digital collections. This position reports to the Associate University Librarian, and is a full-time, 12-month, unclassified, and unranked position. The incumbent will be expected to work collaboratively to build partnerships within the Library and the campus.

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Cornell University Library Will Not Sign E-Resources Licenses with Nondisclosure Clauses

Posted in ARL Libraries, Copyright, Electronic Resources, Licenses on March 22nd, 2011

The Cornell University Library has adopted a policy of not signing e-resources licenses with nondisclosure clauses.

Here's an excerpt from the policy:

To promote openness and fairness among libraries licensing scholarly resources, Cornell University Library will not enter into vendor contracts that require nondisclosure of pricing information or other information that does not constitute a trade secret. All new and renewed licenses submitted with nondisclosure clauses will not be signed but henceforth will be referred to the Associate University Librarian for Scholarly Resources and Special Collections for further negotiation. . . .

It has become apparent to the library community that the anticompetitive conduct engaged in by some publishing firms is in part a result of the inclusion of nondisclosure agreements in contracts.1 As Robert Darnton recently noted, by "keeping the terms secret, … one library cannot negotiate for cheaper rates by citing an advantage obtained by another library."2 For this reason, the International Coalition of Library Consortia's "Statement of Current Perspective and Preferred Practices for the Selection and Purchase of Electronic Information" states that "Non-disclosure language should not be required for any licensing agreement, particularly language that would preclude library consortia from sharing pricing and other significant terms and conditions with other consortia."3 The more that libraries are able to communicate with one another about vendor offers, the better they are able to weigh the costs and benefits of any individual offer. An open market will result in better licensing terms.

Read more about it at "Cornell U. Library Takes a Stand with Journal Vendors: Prices Will Be Made Public."

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Grants: Second Round of Digging into Data Challenge Announced

Posted in Digital Humanities, Grants on March 21st, 2011

The National Endowment for the Humanities and seven international research funders have announced the second round of the Digging into Data Challenge. Grant applications are due by June 16, 2011.

Here's an excerpt from the press release:

The Digging into Data Challenge asks researchers these provocative questions: How can we use advanced computation to change the nature of our research methods? That is, now that the objects of study for researchers in the humanities and social sciences, including books, survey data, economic data, newspapers, music, and other scholarly and scientific resources are being digitized at a huge scale, how does this change the very nature of our research? How might advanced computation and data analysis techniques help researchers use these materials to ask new questions about and gain new insights into our world? . . .

Due to the overwhelming popularity of round one, the Digging into Data Challenge is pleased to announce that four additional funders have joined for round two, enabling this competition to have a world-wide reach into many different scholarly and scientific domains. The eight sponsoring funding bodies include the Arts & Humanities Research Council (United Kingdom), the Economic & Social Research Council (United Kingdom), the Institute of Museum and Library Services (United States), the Joint Information Systems Committee (United Kingdom), the National Endowment for the Humanities (United States), the National Science Foundation (United States), the Netherlands Organisation for Scientific Research (Netherlands), and the Social Sciences and Humanities Research Council (Canada).

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Supervisory Information Technology Specialist at National Agricultural Library

Posted in Library IT Jobs on March 21st, 2011

The National Agricultural Library is recruiting a Supervisory Information Technology Specialist. Salary range: $105,211-$136,771.

Here's an excerpt from the ad:

Incumbent serves as Chief of the Applications Branch in the Information Systems Division, National Agricultural Library (NAL) with administrative and management responsibility for this branch and ensuring that all NAL computer systems, programming languages, applications, and associated software are managed and utilized effectively.

This position is located in the National Agricultural Library (NAL), http://www.nal.usda.gov the largest and most accessible research library focused on agriculture. NAL was created with the U.S. Department of Agriculture in (USDA) in 1862 and named a national library in 1990 by Congress as “the primary agricultural information resource of the United States. NAL's mission is "to ensure and enhance access to agricultural information for a better quality of life". NAL's work in collecting, preserving, and making agricultural information available is fundamental to the continued well being and growth of U.S. agriculture, and the development of food supplies for the nation and the world. By providing public access to unrivalled collections, NAL enables research through a wide range of information services. These underpin U.S. research competitiveness, support U.S. businesses, and provide an essential service to the public and diverse stakeholders nationally and globally.

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