Category: E-Books

The Google Books Settlement and the Future of Information Access Conference

The University of California School of Information's Google Books Settlement and the Future of Information Access Conference was held on August 28, 2009. Below is a selection of articles and posts about the conference.

Open Book Alliance Outlines Arguments against Google Book Search Settlement

In "Opening the Book," Peter Brantley and Gary Reback outline the Open Book Alliance's objections to the Google Book Search Settlement.

Here's an excerpt:

The settlement is bad for libraries and schools: While a handful of large and well-funded university libraries participated in the Google book-scanning effort, many other educational institutions and libraries will be forced to pay monopoly prices for access to a wide swath of knowledge, straining already-stretched budgets and creating a system of haves and have-nots in our nation's education system. Community libraries would get at a single terminal to Google's private book database, and libraries serving our nation's children in K-12 schools would get absolutely nothing. The settlement widens the digital divide by limiting access to digital books in financially hard-hit communities that have budget-constrained libraries.

Over One Million Public Domain E-Books from Google Now Available in EPUB Format

Over one million public domain e-books from Google are now also available in the standard EPUB format.

Here's an excerpt from the announcement:

I'm excited to announce that starting today, Google Books will offer free downloads of these and more than one million more public domain books in an additional format, EPUB. By adding support for EPUB downloads, we're hoping to make these books more accessible by helping people around the world to find and read them in more places. More people are turning to new reading devices to access digital books, and many such phones, netbooks, and e-ink readers have smaller screens that don't readily render image-based PDF versions of the books we've scanned. EPUB is a lightweight text-based digital book format that allows the text to automatically conform (or "reflow") to these smaller screens. And because EPUB is a free, open standard supported by a growing ecosystem of digital reading devices, works you download from Google Books as EPUBs won't be tied to or locked into a particular device. We'll also continue to make available these books in the popular PDF format so you can see images of the pages just as they appear in the printed book.

Sony Announces New E-Book Reader, the Reader Daily Edition, Plus Library Finder Application

Sony has announced a new e-book reader, the Reader Daily Edition, and the Library Finder application.

Here's an excerpt from the press release:

Delivering on its promise to give consumers a variety of choices, Sony today announced the third member of its new Reader family – the Reader Daily Edition™, a highly-anticipated wireless model with 3G connectivity. The Daily Edition caps its new line of Reader products, joining the Reader Pocket Edition™ and the Reader Touch Edition™ which were announced earlier this month.

The Reader Pocket Edition and the Reader Touch Edition are available immediately, and the Reader Daily Edition will be available this December in time for the holidays at SonyStyle stores and SonyStyle.com. . . .

The Reader Pocket Edition sports a five-inch electronic paper display packaged in a stylish chassis and is available in a variety of colors, including navy blue, rose and silver. It is available for the ground-breaking price of $199, making it the most affordable dedicated reading device on the market.

The Reader Touch Edition features a responsive, menu-driven six-inch touch screen panel that enables quick, intuitive navigation, page turning, highlighting and note taking with the swipe of a finger or by using the included stylus pen. It comes in red, black or silver and retails for about $299.

The Reader Daily Edition gives consumers wireless access via AT&T's 3G mobile broadband network to Sony's eBook store from just about anywhere in the U.S. Book lovers will be able to browse, purchase and download books as well as select newspapers and magazines when and where they want. There are no monthly fees or transaction charges for the basic wireless connectivity and users still have the option to side load personal documents or content from other compatible sites via USB.

The seven-inch wide, touch screen display provides for intuitive navigation and comfortable layout of content, including newspapers and magazines, whether you're reading in portrait or landscape orientation. In portrait mode, about 30-35 lines of text are visible, making the experience very similar to that of a printed paperback book. A high contrast ratio with 16 levels of grayscale ensures that text and images are crisp and easy to read. The Daily Edition also boasts an attractive aluminum body with an integrated cover for durability. It has enough internal memory to hold more than one thousand standard eBooks and expansion slots for memory cards to hold even more. It will sell for about $399.

All three models feature Sony's award-winning industrial design and an E Ink® Vizplex™ electronic paper display that emulates the look of ink on paper. Sony's eBook Library software 3.0, which now includes support for many Apple® Macintosh® computers as well as PCs, makes it easy to transfer and read any Adobe® PDF (with reflow capability), EPUB, Microsoft® Word®, BBeB® files, or other text file formats on the Reader. . . .

Today also marks the launch of Sony's Library Finder application. Sony, working with OverDrive (www.overdrive.com), the leading global digital distributor of eBooks and to libraries, will now offer visitors to the eBook Store by Sony easy access to their local library's collection of eBooks. Thousands of libraries in the OverDrive network offer eBooks optimized for the Sony Reader, and visitors can now find these libraries by typing their zip code into the Library Finder. Through the selected library's download website, visitors can check out eBooks with a valid library card, download them to a PC and transfer to their Reader. At the end of the library's lending period, eBooks simply expire, so there are never any late fees.

Read more about it at "Sony to Link Readers with Libraries, Allow E-Book Borrowing" and "Sony Unveils New High-End Reader Daily Edition, Expanded Library Partnership."

Publishers Weekly Surveys on the Google Book Search Settlement

In "Unsettled: The PW Survey on the Google Book Settlement," Andrew Richard Albanese summarizes the findings of a survey of readers of Publishers Weekly newsletters about the Google Book Search Copyright Class Action Settlement.

Here's an excerpt:

If there is good news for the architects of the deal, it is that net support for court approval outweighs opposition—overall, 41% of respondents supported approval of the settlement, while 23% opposed the deal. Just weeks before the September 4 deadline for opting out or objecting to the settlement, however, it is notable that more than a third (36%) remain unsure of or indifferent to the settlement. Publishers (52%) support the settlement in the greatest numbers, followed by authors (42%) and librarians (29%).

In "PW Survey: Librarians On the Fence Regarding Google Settlement," Norman Oder summarizes the findings of a survey of 225 librarians about the settlement.

Here's an excerpt:

Regarding court approval of the settlement, 37% said they were unsure, while 29% supported the settlement and 21.5% said they opposed it.

Microsoft, Yahoo, Internet Archive, Library Associations, and Others Forming Coalition to Fight Google Book Search Settlement

The Wall Street Journal and other news sources are reporting that a powerful new coalition is being formed to fight the Google Book Search Copyright Class Action Settlement. Amazon, the American Society of Journalists and Authors, the Internet Archive, Microsoft, the New York Library Association, the Special Libraries Association, Yahoo have been named as potential participants. Antitrust lawyer Gary L. Reback will work with the coalition.

Read more about it at "Google Rivals Will Oppose Book Settlement," "Tech's Bigs Put Google's Books Deal in Crosshairs," and "Tech Giants Unite against Google."

"Why is the Antitrust Division Investigating the Google Book Search Settlement?"

In "Why is the Antitrust Division Investigating the Google Book Search Settlement?," noted copyright expert Pamela Samuelson examines the DOJ Antitrust Division's investigation of the Google Book Search Copyright Class Action Settlement.

Here's an excerpt:

My concerns about the competition-policy consequences of the settlement center on the market for institutional subscriptions. The settlement gives Google the right to have and make available the contents of a universal library of books. Anyone else could build a digital library with public domain books and whatever other books it could license from publishers or BRR. But no one else can offer a comparably comprehensive institutional subscription service because only Google has a license to all out-of-print books. Google's optimistic estimate is that only 10 percent of the books in the corpus will really be "orphans," but 10 percent is still roughly two million books. Suppose the real percentage of orphans is closer to 30 percent and another 20 percent of those whom BRR tries to sign up tell the BRR reps to get lost.

EFF Raises Concerns over Privacy Issues in Goggle Book Search

In "Warrants Required: EFF and Google's Big Disagreement about Google Book Search," Cindy Cohn discusses the Electronic Frontier Foundation's concerns over privacy issues in Google Book Search.

Here's an excerpt:

One of the most important of those protections is the assurance that your browsing and reading habits are safe from fishing expeditions by the government or lawyers in civil cases. In order to maintain freedom of inquiry and thought, the books we search for, browse, and read should simply be unavailable for use against us in a court of law except in the rarest of circumstances. We have other concerns about Google Book Search as well—concerns and data collection, retention, and reader anonymity—so this won't end the debate, but safeguards against disclosure are a central point of concern for us. . . .

Given this backdrop, we asked Google to promise that it would fight for those same standards to be applied to its Google Book Search product. . . .

Unfortunately, Google has refused. It is insisting on keeping broad discretion to decide when and where it will actually stand up for user privacy, and saying that we should just trust the company to do so. So, if Bob looks like a good guy, maybe they'll stand up for him. But if standing up for Alice could make Google look bad, complicate things for the company, or seem ill-advised for some other reason, then Google insists on having the leeway to simply hand over her reading list after a subpoena or some lesser legal process. As Google Book Search grows, the pressure on Google to compromise readers' privacy will likely grow too, whether from government entities that have to approve mergers or investigate antitrust complaints, or subpoenas from companies where Google has a business relationship, or for some other reason that emerges over time.

Bibliothèque Nationale de France Google Book Search Deal?

According to an 8/18/09 article in La Tribune, "Google en Négociation avec la Bibliothèque Nationale de France," the BnF was negotiating a deal with Google to digitize its collection.

Amid a brewing controversy about the alleged deal, the BnF issued a press release to clarify the issue.

Here's an excerpt from the press release (translated using Google Translate):

Following a news item published in Tuesday August 18 The Tribune, the BnF wishes to clarify that it has not signed an agreement with Google for digitization of its collection. The Library has never ruled out a private partnership would be consistent with the strategy of the Ministry of Culture regarding digital content and respect the principles of free and freedom access to works exclusively free for use. BnF reminded that, thanks to government support with the NLC, it has embarked on a program of large-scale digitization of its Collections: 100,000 printed per year over three years and a large selection of rare and valuable documents (books, manuscripts, prints . . .). Readily available on the public site Gallica, these Documents feed-Free Europeana naturally, the European digital library.

At the same time, a unique partnership in the world has been up with the French publishers to bring an offer of legal books Digital law and under permit from Gallica, find easily links to their marketing platforms.

Read more about it at "French Library Denies 'Google Seduction' Claims," "Google Breaks into French National Library," and "Google Bruises Gallic Pride as National Library Does Deal with Search Giant"

Peter Hirtle on "The Undiscussed Danger to Libraries in the Google Books Settlement"

In "The Undiscussed Danger to Libraries in the Google Books Settlement," Peter Hirtle discusses the printing fees that libraries may have deal with as a result of the Google Book Search Copyright Class Action Settlement.

Here's an excerpt:

Here is the kicker: if the library charges a fee for printing (and how many libraries can allow users to print for free?), then they are required by Section 4.8(a)(ii) of the Agreement to charge users for the printing. Google will collect the money on behalf of libraries and pass it on to the Registry. Google has agreed to pay the cost of the printing for the first five years or $3 million, whichever comes first.

University of California Faculty Bodies Comment on Goggle Book Search Settlement

Members of the University of California's Academic Council and the chair of the Academic Senate’s Committee on Libraries and Scholarly Communication have submitted a letter about the Google Book Search Copyright Class Action Settlement to the U.S. District Court for the Southern District of New York.

Here's an excerpt:

We have three main concerns about the proposed settlement agreement. First, to maximize access to knowledge, prices should be reasonable. Unfortunately, the proposed settlement agreement contains inadequate checks and balances to prevent price gouging and unduly restrictive terms for purchasers of books and institutional subscribers. Second, the agreement does not contemplate or make provision for open access choices that have in recent years become common among academic authorial communities, especially with regard to out of print books. The settlement agreement only contemplates that authors would monetize their books and related metadata through the Book Rights Registry (BRR). This is especially worrisome as to the millions of out of print, and likely orphan, books. Third, the agreement contemplates some monitoring of user queries and uses of books in the Book Search corpus that negatively impinge on significant privacy interests of authors and readers and undermine fundamental academic freedom principles.

Read more about it at "U.C. Professors Seek Changes to Google Books Deal."

Google Books Adds Creative Commons Licence Options

In "Bringing the Power of Creative Commons to Google Books," Xian Ke, Associate Product Manager of Google Books, describes Google's new Creative Commons license options for rights holders, and indicates that, in the future, users will be able to restrict searches to works that have such licenses. Users will be able to download complete Creative Commons licensed books, and if the license permits, modify them.

"The Google Book Settlement and the Fair Use Counterfactual"

Matthew Sag, Associate Professor at the DePaul University College of Law, has self-archived "The Google Book Settlement and the Fair Use Counterfactual" in SSRN.

Here's an excerpt:

In the wake of the proposed Settlement, the Google Book debate has shifted away from the merits of book digitization, and refocused on questions of commoditization and control. This Article highlights four critical areas in which the Settlement differs sharply from the predicted fair use ruling. First, the Settlement permits Google to engage in a significant range of uses including the complete electronic distribution of books that go well beyond fair use. Second, the Settlement provides for initial cash payments by Google to the copyright owners and a fairly generous revenue sharing agreement, neither of which would have been required under a fair use ruling. Third, the agreement creates a new set of institutional arrangements that will govern the relationship between Google and the copyright owners covered by the Settlement. The foundations of this new institutional framework are the Settlement agreement itself, the creation of a collective rights management organization called the "Book Rights Registry" and the "Author Publisher Procedures." The fourth area in which the Settlement differs from the likely fair use outcome relates to the accessibility, commoditization and control of orphan works.

Pamela Samuelson on "The Audacity of the Google Book Search Settlement"

In "The Audacity of the Google Book Search Settlement," noted copyright expert Pamela Samuelson examines the Google Book Search Settlement.

Here's an excerpt:

However, much larger questions call into question whether the settlement should be approved. One is whether the Authors Guild and AAP fairly represented the interests of all authors and publishers of in-copyright books during the negotiations that led up to the settlement agreement. A second is whether going forward, they and the newly created Registry to which they will give birth will fairly represent the interests of those on whose behalf the Registry will be receiving revenues from Google.

ACRL, ALA, ARL Submit Letter to Justice's Antitrust Division about Google Book Search Settlement

ACRL, ALA, ARL have submitted a letter to the U.S. Department of Justice's Antitrust Division about the Google Book Search Copyright Class Action Settlement.

Here's an excerpt from the press release :

The American Library Association (ALA), the Association of College and Research Libraries (ACRL) and the Association of Research Libraries (ARL) sent a letter to William Cavanaugh, Deputy Assistant Attorney General of the U.S. Department of Justice's (DOJ) Antitrust Division yesterday, requesting the Division to advise the court presiding over the Google Book Settlement to supervise the implementation of the settlement closely, particularly the pricing of institutional subscriptions and the selection of the Book Rights Registry board members.

The letter, which was sent following a meeting the library groups had with the Antitrust Division, also recommended that the Division itself actively monitor the parties' compliance with the settlement's provisions.

In particular, the library groups urged the Division to ask the court to review pricing of institutional subscriptions whenever the Division concludes that the prices do not meet the economic objectives set forth in the settlement. In order to evaluate the price of an institutional subscription, the groups believe the Division should have access to all relevant price information from Google and the Registry.

The library associations assert that the Division should ask the court to review any refusal by the Registry to license copyrights in books on the same terms available to Google and to also review the selection process for the Registry Board to ensure the interests of all rightsholders are considered.

Sony Offers One Million Public Domain Books for Its Current E-Book Readers

Sony has announced that one million public domain books from Google are available for its current e-book readers.

In related news, there are rumors that two new Sony e-book readers may be released in August.

Read more about it at "Sony E-Readers Get Access to 1M Free Public Domain Books from Google" and "Sony to Offer 1 Million Google Books through Its Readers."

Interview with Maria Bonn, Director of Michigan’s Scholarly Publishing Office

In “Turning Out-of-Copyright Books into Gold: An Interview with University of Michigan’s Maria Bonn,” Maria Bonn, Director of the Scholarly Publishing Office at the University of Michigan Library, discusses Michigan’s recent decision to offer print-on-demand paperback editions of over 400,000 digitized books via BookSurge and Amazon.

EFF Releases Letter to Google about Reader Privacy and Google Book Search

The Electronic Frontier Foundation has released a letter to Google about reader privacy and Google Book Search.

Here's an excerpt:

  1. Protection Against Disclosure: Readers should be able to use Google books without worrying that the government or a third party is reading over their shoulder. Google needs to promise that it will protect reader records by responding only to properly-issued warrants from law enforcement and court orders from third parties. It also must promise that it will let readers know if anyone has demanded access to information about them.
  2. Limited Tracking: Just as readers can anonymously browse books in a library or bookstore, they should also be able to search, browse, and preview Google books without being forced to register or provide any personal information to Google. And for any of its Google Book Search services, Google must not keep logging information longer than 30 days. Google should also not link any information it collects about reader use of Google Book Search to that reader’s usage of any other Google services without specific, affirmative consent.
  3. User Control: Readers should have complete control of their purchases and purchasing data. Readers should be able to delete their records and have extensive permissions controls for their "bookshelves" or any other reading displays to prevent others from seeing their reading activities. Readers should be able to “give” books to anyone, including to themselves, without tracking. Google also should not reveal any information about Google book use to credit card processors or any other third parties.
  4. User Transparency: Readers should know what information is being collected and maintained about them and when and why reader information has been disclosed. Google needs to develop a robust, enforceable privacy policy and publish the number and type of demands for reader information that are received on an annual basis.

Read more about it at "Don't Let Google Close the Book on Reader Privacy!."

Barnes & Noble's eBookstore Offers over 700,000 E-Book Titles

The Barnes & Noble’s eBookstore now offers over 700,000 e-book titles at $9.99 each. It will market the Plastic Logic eReader device in the future.

Here's an excerpt from the press release:

Barnes & Noble's launch encompasses:

  • Barnes & Noble's eBookstore offering its customers seamless access to more than 700,000 titles, including hundreds of new releases and bestsellers at only $9.99, making it the world's largest selection of eBooks available in one place.  The company expects that its selection will increase to well over one million titles within the next year, inclusive of every available eBook from every book publisher and every available eBook original, which is a fast growing marketplace.  
  • More than a half-million public domain books from Google, which can be downloaded for free.  Readers can discover and explore this rich treasure trove, including everything from classic works by well-known writers to long-forgotten and obscure titles that are historically much harder to access.
  • An upgraded version of its eReader application, which was part of the company's Fictionwise acquisition earlier this year.  This device-agnostic eBook application supports both wireless and wired access to the new Barnes & Noble eBookstore.  Millions of internet-enabled devices are currently supported by eReader, including the nation's two leading smartphone device families from Apple and BlackBerry®, as well as most Windows® and Mac® laptops or full-sized computers.
  • First-time users of the eReader will have the opportunity to download free eBooks, including titles such as Merriam-Webster's Pocket Dictionary, Sense and Sensibility, Little Women, Last of the Mohicans, Pride and Prejudice, and Dracula.  See site for further details.
  • A strategic commerce and content partnership with Plastic Logic, whose eReader device is especially designed for business professionals. Barnes & Noble will power the eBookstore for the Plastic Logic eReader device. The ultra thin 8.5 x 11 inch wireless eReader is slated to debut in early 2010.
  • The free, full-featured B&N Bookstore app for iPhone and iPod touch users, which is now the #1 downloaded book app in Apple's App Store. In addition to enabling customers to easily place orders for books, movies, and CDs, the app also lets users search millions of products simply by snapping a photo. Using the iPhone's camera, customers can snap a photo of the front cover and within seconds get product details, editorial reviews, and customer ratings – even find and reserve a copy in the nearest store. The app also includes a store locator, bestseller lists, book recommendations, and a store events calendar.

Harvard University Press and University of Chicago Press Ramp Up E-Book Publishing Efforts

The Harvard University Press will release almost 1,000 e-books on Scribd. The University of Chicago Press has released 700 e-books on its own site using Adobe's Digital Editions software.

Read more about it at "Harvard University Press to Sell Nearly 1,000 Digital Books on Scribd," "New Digital Editions from the University of Chicago Press," and "University Presses Stepping Up e-Book Efforts."

"Antitrust and the Google Books Settlement: The Problem of Simultaneity"

Eric M. Fraser of the University of Chicago Law School has self-archived "Antitrust and the Google Books Settlement: The Problem of Simultaneity" in SSRN.

Here's an excerpt:

Google Books represents the latest attempt at the centuries-old goal to build a universal library. In 2004, Google started scanning books from libraries around the world. Although it made copyright licensing agreements with some publishers, it did not obtain permission from each rights-holder before scanning, indexing, and displaying portions of books from the stacks of libraries. Unsurprisingly, authors and publishers sued for copyright violations. Google settled the class action lawsuit in a sweeping agreement that has raised suspicion from librarians, users, and the government. In this paper, I analyze the antitrust and competition issues in the settlement agreement. I find that the simultaneous aspects of agreements and pricing pose serious antitrust problems. The settlement effectively gives Google simultaneous agreements with virtually all the rights-holders to in-copyright American books. It also requires that Google set prices for books simultaneously. In a competitive market, both agreements and pricing would occur independently. Under current law, however, no potential competitor can make agreements with the rights-holders to orphan works. The simultaneity, therefore, concentrates pricing power, leading to cartel pricing (a problem under § 1 of the Sherman Act) and monopolization (a § 2 problem).