Opt-In Settlement for Google Books Case?

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 |

Amazon.com Launches Kindle Textbook Rental

Amazon.com has launched Kindle Textbook Rental.

Here's an excerpt from the press release:

Today, Amazon.com announced the launch of Kindle Textbook Rental—now students can save up to 80% off textbook list prices by renting from the Kindle Store. Tens of thousands of textbooks are available for the 2011 school year from leading textbook publishers such as John Wiley & Sons, Elsevier and Taylor & Francis. Students can find details about the program at www.amazon.com/kindletextbooks. . . .

Kindle Textbook Rental offers the ability to customize rental periods to any length between 30 and 360 days, so students only pay for the specific amount of time they need a book. Students can also easily extend any rental period in increments as small as one day or choose to purchase the book they are renting at any time.

| Digital Scholarship Publications Overview |

"After Google Book Search: Rebooting the Digital Library"

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 |

NISO Receives Mellon Grant to Support E-Book Annotation Sharing Workshops

NISO has received a Andrew W. Mellon Foundation grant to support two e-book annotation sharing workshops.

Here's an excerpt from the press release:

The National Information Standards Organization (NISO) has been awarded a $48,500 grant from The Andrew W. Mellon Foundation to fund two standards incubation workshops, which it will lead with the Internet Archive, on the topic of E-Book Annotation Sharing and Social Reading. These meetings will be held in conjunction with the Frankfurt Book Fair in Frankfurt, Germany, on October 10, 2011, and the Books In Browsers Meeting in San Francisco, on October 26, 2011. The Mellon Foundation grant will pay for the planning, organization, and direct meeting expenses for the two workshops, for which NISO will conduct the majority of the planning, organization and logistical support.

The two workshops will advance the discussions around system requirements for annotation sharing-including technical challenges of citation location and systems interoperability-and around the development and implementation of a consensus solution for these issues. The objectives of the meetings are to provide input to a NISO-sponsored working group on scope, goals and any initial work the group undertakes; and the advancement of a syntax specification that will be further vetted by a standards working group for how bookmarks and annotations are located and shared in digital books.

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

Podcast: Pamela Samuelson on Codifying the Google Books Settlement

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 |

E-Reader Ownership Doubles in Six Months

The Pew Research Center's Internet & American Life Project has released E-Reader Ownership Doubles in Six Months .

Here's an excerpt:

The share of adults in the United States who own an e-book reader doubled to 12% in May, 2011 from 6% in November 2010. E-readers, such as a Kindle or Nook, are portable devices designed to allow readers to download and read books and periodicals. This is the first time since the Pew Internet Project began measuring e-reader use in April 2009 that ownership of this device has reached double digits among U.S. adults.

| Digital Curation and Preservation Bibliography 2010 | Electronic Theses and Dissertations Bibliography | Google Books Bibliography | Institutional Repository Bibliography | Transforming Scholarly Publishing through Open Access: A Bibliography | Scholarly Electronic Publishing Bibliography 2010 | Digital Scholarship Publications Overview |

UC Libraries Academic e-Book Usage Survey

The California Digital Library has released the UC Libraries Academic e-Book Usage Survey.

Here's an excerpt:

In 2008, the University of California Libraries initiated the Springer e-Book Pilot Project with the goal of developing appropriate systemwide processes for acquiring and managing licensed e-books, as well as informing future licensing activities. Evaluation of the UC academic community’s experience utilizing the Springer e-book collection began in 2010, and a UC systemwide survey was launched by the UC Libraries in October 2010 for the purpose of assessing the user experience. The primary objectives of the survey were to determine:

  • Respondents' general preference for print books as compared to e-books.
  • How respondents interact with e-books and barriers to e-book adoption and use.
  • How users of Springer e-books discover their availability.
  • Satisfaction level with Springer content and features, including the "MyCopy" service.

| New: Institutional Repository Bibliography, Version 4 | Digital Scholarship Publications Overview |

eBooks and eReaders in Public and Academic Libraries

The Poudre River Public Library, the Front Range Community College Library, and the Colorado State University Libraries have released eBooks and eReaders in Public and Academic Libraries.

Here's an excerpt from the announcement:

A joint Poudre River Public, Front Range Community College, and Colorado State University libraries committee has released a report on the state of eBooks and eReaders. The purpose of the study was to gain a better understanding of this rapidly-developing topic, and to make recommendations aimed at serving the customers of each library.

| Digital Scholarship | Digital Scholarship Publications Overview | Scholarly Electronic Publishing Bibliography 2010 |

Digital Book Publishing in the AAUP: Community Survey Report: Spring 2011

The Association of American University Presses has released Digital Book Publishing in the AAUP Community: Survey Report: Spring 2011.

Here's an excerpt from the press release:

Unsurprisingly, the 2011 results shows that every press is pursuing at least two digital publishing strategies, and almost all are expanding into many more. However, resource constraints continue to slow the development of healthy experimental models or delay the implementation of necessary digitization and workflow projects. Confirming the findings and recommendations of the recent AAUP report "Sustaining Scholarly Publishing," this digital pulse-taking indicates that finding new models to support scholarly publishing and strengthening the digital backbone of AAUP members are the top priorities in digital book publishing for the community.

| Digital Scholarship | Digital Scholarship Publications Overview | Scholarly Electronic Publishing Bibliography 2010 |

U.S. Department of Education Issues FAQ on E-Book Accessibility Requirements

The U.S. Department of Education has issued "Frequently Asked Questions about the June 29, 2010, Dear Colleague Letter." The FAQ is "a 'significant guidance document' under the Office of Management and Budget's Final Bulletin for Agency Good Guidance Practices."

Here's an excerpt:

Specifically, some postsecondary institutions were using electronic book readers that are inaccessible to students who are blind or have low vision. As explained by the DCL, application of our long-standing nondiscrimination requirements means that schools must provide an electronic book reader (i.e., the technology that the school uses to provide educational benefits, services, or opportunities) that is fully accessible to students who are blind or have low vision; otherwise schools must provide accommodations or modifications to ensure that the benefits of their educational program are provided to these students in an equally effective and equally integrated manner.

Read more about it at "Joint 'Dear Colleague' Letter: Electronic Book Readers."

| Digital Scholarship | Digital Scholarship Publications Overview | Reviews of Digital Scholarship Publications |

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

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 |

Association of Research Libraries Sends Letter to FTC about Google Books Privacy Issues

The Association of Research Libraries has sent a letter to the Federal Trade Commission regarding Google Books privacy issues.

Here's an excerpt:

This consent order presents a unique opportunity to shape best practices in reader privacy for a major online service provider. The marketplaces for e-books and for book search are both in formative stages, and the standards adopted by Google can be highly influential for other market participants. We urge the Commission to confirm that reader privacy deserves the same respect in the online world that it has long demanded in the physical world by insisting on strong protections for reader privacy in the comprehensive privacy program.

Read more about it at "In Comments to FTC, ARL Suggests Privacy Oversight for Google Books."

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

Pamela Samuelson: "Legislative Alternatives to the Google Book Settlement"

Pamela Samuelson has self-archived "Legislative Alternatives to the Google Book Settlement" in SSRN.

Here's an excerpt:

In the aftermath of Judge Chin's rejection of the proposed Google Book settlement, it is time to consider legislative alternatives. This article explores a number of component parts of a legislative package that might accomplish many of the good things that the proposed settlement promised without the downsides that would have attended judicial approval of it. It gives particular attention to the idea of an extended collective licensing regime as a way to make out-of-print but in-copyright books more widely available to the public. But it also considers several other measures, such as one aimed at allowing orphan works to be made available and some new privileges that would allow digitization for preservation purposes and nonconsumptive research uses of a digital library of books from the collections of major research libraries.

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

Preservation of Digitized Books and Other Digital Content Held by Cultural Heritage Organizations

Portico has released the Preservation of Digitized Books and Other Digital Content Held by Cultural Heritage Organizations.

Here's an excerpt:

In one response to this need to develop models of digital preservation, the NEH and IMLS awarded a grant to Portico, in partnership with Cornell University Library, through the "Advancing Knowledge: The IMLS/NEH Digital Partnership grant program" to develop a practical model for how preservation can be accomplished for digitized books. Through this initiative and other efforts, Portico had the opportunity to discuss digital collections and their long-term preservation with 27 cultural heritage organizations. In addition, Cornell University Library provided significant samples of content to analyze. Out of this research and the extensive experience in preservation at both Portico and Cornell University Library, we developed a model for the preservation of digitized books and other "document like" digital content at cultural heritage organizations.

| Digital Scholarship | Digital Scholarship Publications Overview | Digital Curation and Preservation Bibliography 2010 |

"Google Book Search in the Gridlock Economy"

Douglas Lichtman has self-archived "Google Book Search in the Gridlock Economy" in SSRN.

Here's an excerpt:

Michael Heller's The Gridlock Economy popularizes a concept that Heller has developed over nearly two decades of influential academic writing: the notion that, when it comes to property rights, too many rights-endowed cooks really can spoil the broth. I was asked in this conference to apply Heller's insight to the Google Book Search project, and the request at first seemed natural. Heller himself suggested that Google Book Search might be an apt poster child for the gridlock phenomenon; Google likewise can often be heard to complain, in Heller-esque tones, that the only way to build a comprehensive search engine for books is to take the books without asking. This Essay, however, questions the example and offers a refinement on Heller's theory. Gridlock, I argue, is not simply a catch-all for situations where a large number of permissions are in play. It is more narrowly a reference to situations where a large number of permissions are in play, and those permissions intertwine.

| Digital Scholarship | Digital Scholarship Publications Overview | Transforming Scholarly Publishing through Open Access: A Bibliography |

Duke University Press: Survey of Library E-Book Acquisitions

The Duke University Press has released the Survey of Library E-Book Acquisitions.

Here's an excerpt:

We e-mailed an online survey to all Duke University Press librarian contacts associated with electronic collections. Of these approximately 750 recipients, over 100 followed the link and completed the survey. We posted a different link to the same survey on the Liblicense (Licensing Digital Information: a Resource for Librarians) and ERIL (Electronic Resources in Libraries) e-mail listservs, as well as the Duke University Press Twitter feed, producing over 160 additional responses. This report compiles the results of these efforts, totaling 265 surveys.

| Digital Scholarship | Digital Scholarship Publications Overview | Scholarly Electronic Publishing Bibliography 2010 |

A Guide For the Perplexed Part IV: The Rejection of the Google Books Settlement

The Library Copyright Alliance has released A Guide For the Perplexed Part IV: The Rejection of the Google Books Settlement.

Here's an excerpt from the press release:

This guide is the latest in a series prepared by LCA legal counsel Jonathan Band to help inform the library community about this landmark legal dispute.

In the Guide Part IV, Band explains why the Court rejected the proposed class action settlement, which would have allowed Google to engage in a wide variety of activities using scanned books.

As stated in the Guide, "The court concluded that the settlement was unfair because a substantial number of class members [i.e., authors and publishers] voiced significant concerns with the settlement.… However, the validity of the objections seemed less important to the court than the fact that many class members raised them."

As for the impact of the decision on libraries, Band writes that while it is too early to say what the parties will do next, "it appears that both the challenges and the opportunities presented to libraries by the settlement when it was announced in the fall of 2008 are growing narrower and more distant."

| Digital Scholarship | Digital Scholarship Publications Overview | Transforming Scholarly Publishing through Open Access: A Bibliography |

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

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."

| Digital Scholarship | Digital Scholarship Publications Overview | Scholarly Electronic Publishing Bibliography 2010 |

Internet Archive and Library Partners Launch E-Book Lending Collection

The Internet Archive and a group of academic and public library partners have launched an e-book lending collection, which contains over 80,000 e-books. The majority of books were published in the 20th century.

Here's an excerpt from the announcement:

Any OpenLibrary.org account holder can borrow up to 5 eBooks at a time, for up to 2 weeks. Books can only be borrowed by one person at a time. People can choose to borrow either an in-browser version (viewed using the Internet Archive’s BookReader web application), or a PDF or ePub version, managed by the free Adobe Digital Editions software. This new technology follows the lead of the Google eBookstore, which sells books from many publishers to be read using Google's books-in-browsers technology. Readers can use laptops, library computers and tablet devices including the iPad.

Read more about it at "Open Library Launches New 'Digitize and Lend' E-Book Lending Program."

| Digital Scholarship | Digital Scholarship Publications Overview |

Turning the Page: The Future of eBooks

PricewaterhouseCoopers has released Turning the Page: The Future of eBooks.

Here's an excerpt from the announcement:

This new study examines trends and developments in the eBooks and eReaders market in the United States, United Kingdom, the Netherlands, and Germany, and discusses major challenges and key questions for the publishing industry worldwide. It also identifies market opportunities and developments for eBooks and eReaders, and makes recommendations for publishers, traditional retailers, online retailers, and intermediaries.

| Digital Scholarship |

"2010: E-Book Buyer’s Guide to E-Book Privacy"

The EFF has released the "2010: E-Book Buyer's Guide to E-Book Privacy."

Here's an excerpt:

The guide is simply a review of privacy policies, to the extent we've been able to find them, plus additional information we received directly from Adobe and the Internet Archive. We haven't been able to do independent testing to verify how these e-book providers work in practice. Also, in discussing whether individuals are linked to their reading we have only addressed direct ways (i.e. Amazon or Google directly keeps that information in your account information) as opposed to indirect ways that require action from third parties like the ability to use your IP address gathered by logs to subpoena your ISP for your name).

| Digital Scholarship |

New York Law School Law Review Publishes Special Issue about Google Books Lawsuit and Settlement

The New York Law School Law Review has published a special issue containing papers from the NYU Law School's October 2009 D Is for Digitize conference on the Google Books lawsuit and settlement.

Here are the papers:

  • "D Is for Digitize: An Introduction," James Grimmelmann
  • "Google Book Settlement and the Fair Use Counterfactual," Matthew Sag
  • "Fulfulling the Copyright Social Justice Promise: Digitized Textual Information," Lateef Mtima & Steven D. Jamar
  • "Orphan Works and the Google Book Search Settlement: An International Perspective," Bernard Lang
  • "H Is for Harmonization: The Google Book Search Settlement and Orphan Works Legislation in the European Union," Katharina de la Durantaye
  • "Continued DOJ Oversight of the Google Book Search Settlement: Defending Our Public Values and Protecting Competition," Christopher A. Suarez
  • "Digitial + Library: Mass Book Digitization as Collection Inquiry," Mary Murrell
  • "The Why in DIY Book Scanning," Daniel Reetz

| Digital Scholarship |

"The Google Book Settlement as Copyright Reform"

Pamela Samuelson has self-archived "The Google Book Settlement as Copyright Reform" in SSRN.

Here's an excerpt:

This Article explains why certain features of U.S. law, particularly copyright law, may have contributed to Google’s willingness to undertake the GBS project in the first place and later to its motivation to settle the Authors Guild lawsuit. It then demonstrates that the proposed settlement would indeed achieve a measure of copyright reform that Congress would find difficult to accomplish. Some of this reform may be in the public interest. It also considers whether the quasi-legislative nature of the GBS settlement is merely an interesting side effect of the agreement or an additional reason in favor or against approval of this settlement.

Internet Archive Announces That University of Toronto Has Digitized 250,000 Books

Brewster Kahle of the Internet Archive has announced that the University of Toronto has digitized 250,000 books.

Here's an excerpt from the announcement:

When I talked with Carole Moore, the fantastic librarian from University of Toronto, about 6 years ago, she had a vision of scanning 250,000 books from their libraries. Well, a few days ago she succeeded. (http://www.archive.org/details/university_of_toronto)

It has been a winding road to here, with financial help from Yahoo and Microsoft, from the Canadian government and from the University of Toronto—but she got there in grand style. . . .

250,000 books for free to the world from one of the great libraries in the world.

Handheld E-Book Readers and Scholarship: Report and Reader Survey

The American Council of Learned Societies has released Handheld E-Book Readers and Scholarship: Report and Reader Survey.

Here's an excerpt:

This report describes a conversion experiment and subsequent reader survey conducted by ACLS Humanities E-Book (HEB) in late 2009 and early 2010 to assess the viability of using scholarly monographs with handheld e-readers. Scholarly content generally involves extensive networking and cross-referencing between individual works through various channels, including bibliographical citation and subsequent analysis and discussion. Through past experience with its online collection, HEB had already determined that a web-based platform lends itself well to presenting this type of material, but was interested in exploring which key elements would need to be replicated in the handheld edition in order to maintain the same level of functionality, as well as what specific factors from either print or digital publishing would have to be taken into account. As sample content, HEB selected six titles from its own online collection, three in a page-image format with existing OCR-derived text and three encoded as XML files, and had these converted by an outside vendor with minimal editorial intervention into both MOBI (prc) and ePub files.