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).

Oxford University Press Backs Google Book Search Settlement

In "Saving Texts From Oblivion: Oxford U. Press on the Google Book Settlement," Tim Barton, President of Oxford University Press, discusses the Google Book Search Settlement Agreement.

In conclusion. he states:

So we at Oxford University Press support the settlement, even as we recognize its imperfections and want it made better. As Voltaire said, "Le mieux est l'ennemi du bien," the perfect is the enemy of the good. Let us not waste an opportunity to create so much good. Let us work together to solve the imperfections of the settlement. Let us work together to give students, scholars, and readers access to the written wisdom of previous generations. Let us keep those minds alive.

Google Book Search Bibliography, Version 4

Version 4 of the Google Book Search Bibliography is now available from Digital Scholarship.

This bibliography presents selected English-language articles and other works that are useful in understanding Google Book Search. It primarily focuses on the evolution of Google Book Search and the legal, library, and social issues associated with it. Where possible, links are provided to works that are freely available on the Internet, including e-prints in disciplinary archives and institutional repositories. Note that e-prints and published articles may not be identical.

Springer Launches MyCopy: E-Book Users Can Order Fixed-Price Paperback Copies

Following a pilot project, Springer Science+Business Media has launched its MyCopy service, which allows Canadian and U.S. academic users of Springer eBook Collections to order fixed-price paperback copies of e-books.

Here's an excerpt from the press release:

All registered library patrons will be able to order a softcover copy of a Springer eBook for their personal use by clicking on a button on the Springer platform www.springerlink.com.

The MyCopy offer is currently valid for more than 11,000 electronic Springer books published since 2005. The new softcover format is branded as a MyCopy book with a color cover and black and white book content. MyCopy books can only be ordered by registered patrons of those academic libraries that have purchased the corresponding eBook Collection. The entire ordering and shipping process will be handled by Springer in cooperation with a print-on-demand (POD) provider. All books will be sold at the same price, US$ 24.95. This price includes shipping and handling within the USA and Canada.

Google Book Search Settlement: Interview with Michael Healy, Expected Executive Director of the Book Rights Registry

The Copyright Clearance Center has released an interview with Michael Healy, expected Executive Director of the Book Rights Registry (digital audio of the interview is also available). The Book Rights Registry will be established as part of the Google Book Search Settlement Agreement.

Here's an excerpt:

And let’s be clear, what we’ll be building here is a remarkable and unique resource, the like of which has not been seen in the industry before, which is a very comprehensive data set, which links publications back to works around which those publications are clustered. And then, you’ll have those works and publications linked for the very first time to comprehensive metadata records about rights holders, who owns what. Then, layer on top of that again, the opportunity that the settlement gives authors and publishers to express what Google and others do with these digitized books, the display rights, the pricing, etc. Then, you have a very complex mix of data sets, which need to interoperate successfully for the Registry to succeed. And I think that highlights an important point of this settlement, which we may come on and talk about later when we discuss the benefits, but it is important to emphasize that the Registry will be a vehicle through which—and the settlement document underpins this—the Registry will be a vehicle through which rights holders can exercise control on the use made by Google and others of these digitized works.

Read more about it at "Authors Guild/AAP/Google Settlement Gives Authors, Publishers 'Unprecedented. . . Control' Over Their Copyrights."

A Guide for the Perplexed Part II: The Amended Google-Michigan Agreement

The American Library Association, the Association of Research Libraries, and the Association of College and Research Libraries have released A Guide for the Perplexed Part II: The Amended Google-Michigan Agreement.

Here's an excerpt from the press release:

The University of Michigan, one of the original participating libraries in the Google Book project, recently entered into an amended agreement that will govern the relationship between Google and Michigan if the proposed Google Book Search settlement is approved by the judge.

Jonathan Band, author of "A Guide for the Perplexed: Libraries and the Google Library Project Settlement," has provided a concise description of the Google-Michigan amended terms. The document highlights some rights and responsibilities of participating libraries, including the following:

  • Michigan and any partner library can initiate a review of the pricing of the institutional subscription to determine whether the price properly meets the objectives set forth in the settlement agreement.

  • Google must provide to partner libraries information on books, such as whether Google is treating the book as in the public domain and whether a book is being excluded from any display uses for editorial or non-editorial reasons.

  • Google will provide Michigan with a free institutional subscription for at least 25 years.

  • Michigan is permitted to provide digital copies of the public domain books to academic institutions and research or public libraries for non-commercial research, scholarly, or academic purposes, as long as the library uses reasonable efforts to prevent bulk downloads of the copies.

Simon & Schuster to Sell E-Books on Scribd

Simon & Schuster will sell e-books on Scribd.

Here's an excerpt from the press release:

At launch, nearly 5,000 Simon & Schuster eBook titles will be available on Scribd for purchase and download, making them readable on Scribd.com, computer desktops and various mobile devices. The Simon & Schuster storefront on Scribd (www.scribd.com/Simon&Schuster) will include bestselling books from authors such as Stephen King, Dan Brown, Mary Higgins Clark, Chelsea Handler and Steve Martin. In addition, Simon & Schuster will also make thousands of printed titles available for preview with links to purchase from the Simon & Schuster website and other retailers. . . .

All works in the Scribd Store are added to Scribd's Copyright Management System, an industry-leading technology that helps prevent the upload of unauthorized written works. Publishers like Simon & Schuster have the ability to determine how works are read, including settings for "read only on Scribd.com,” "download” and "download with DRM." In addition, Scribd provides publishers with the flexibility to experiment with pricing, which can be changed easily and at any time.

Read more about it at "Does Simon & Schuster's Scribd Deal Challenge the Kindle?," "Scribd: An E-Book Upstart with Unlikely Fans," and "Simon & Schuster in Deal with Scribd to Sell E-Books."

“Google Book Search Settlement: Foster Competition, Escrow the Scans”

In "Google Book Search Settlement: Foster Competition, Escrow the Scans," Peter Eckersley proposes that digitized books involved in the Google Book Search Settlement Agreement be put in escrow for some period, then made freely available.

Here's an excerpt:

One good compromise might be to require that anyone who takes a blanket license (whether under the Google Book Search settlement, or under any legislation that might expand the settlement to others) must deposit a copy of the raw scans that they create with the Library of Congress or with the entity that administers the blanket license (e.g., the Books Rights Registry). After a period of years, let's say 14, the term of the Founder's Copyright, those scans should be made available at no cost to any others who take the relevant copyright licenses.

This would not only encourage market entry and competition in the online digital books arena, but would also foster innovation in the field. There's nothing that encourages digital innovation quite like access to an enormous dataset. After all, before Larry Page and Sergey Brin founded Google, they were graduate students at Stanford. They were able to build a new search engine by downloading their own copy of the web, messing around with it, and figuring our a better algorithm for querying it. New start-ups working with digital books should have the same kind of opportunity.

Open Content Alliance Releases New Version of E-Book Reader

The Open Content Alliance has released a new version of its e-book reader (GnuBook Book Reader).

Here's an excerpt from the announcement:

In addition to a new theme and user interface, the reader has the following special features:

  • the reader includes unique (and simple to understand) URLs for each page, which update as you move through a book. These URLs can be used in citations and bookmarks, making it easier and more legible when referring to a particular page of a book.
  • books can be viewed in one or two-page mode.
  • in one-page mode, images can be zoomed up to 100% of the original scans. Because the Internet Archive scans are in color, this is an especially nice feature with illustrated books.
  • it has the capability of accommodating books that read right-to-left, such as those books in our Yiddish collection.
  • the reader is supported by all browsers (but IE 6).
  • there is an auto-play feature, so that you can set the pages to turn automatically.
  • As always, the reader is open source. If you have suggestions or bug reports, please add them to the book reader’s launchpad page so the engineers will see and prioritize them.

Justice Department Sends Civil Investigative Demands to Google about Google Book Search Settlement

The Justice Department has sent civil investigative demands to Google about the Google Book Search Settlement Agreement. Various state attorneys generals are also looking into the settlement.

Read more about it at "Google Book Deal Faces Growing Scrutiny," "Probe of Google Book Deal Heats Up," and "U.S. Presses Antitrust Inquiry Into Google Book Settlement."

“Deal or No Deal: What If the Google Settlement Fails?”

In "Deal or No Deal: What If the Google Settlement Fails?," Andrew Richard Albanese examines the uncertain future of the Google Book Search Settlement Agreement.

Here's an excerpt:

"This thing is going to die," one close observer of the settlement told PW [Publishers Weekly]. "Let's put it this way—with all the sketchy things in the agreement, there is no way [the parties] want people to look at this longer, rather than shorter."

Google and University of Michigan Sign Expanded Digitization Agreement

Google and the University of Michigan have signed an expanded digitization agreement that incorporates the terms of the Google Book Search Settlement Agreement.

Here's an excerpt from the announcement:

Specifically, the agreement:

Expands the scope of Google and University of Michigan's partnership:
The University of Michigan continues its tradition of leadership in library digitization by being the first library to expand its partnership with Google under the terms of Google's settlement agreement with a broad class of authors and publishers. The principles underlying the new agreement are to ensure access to our collection, to provide a solid foundation for future research and study, and to provide the greatest public good for patrons of libraries around the US.

Broadens public access to University of Michigan's collections:
Once the settlement is approved by the court, readers and students throughout the US will enjoy the benefits of University of Michigan's collections, including free previews, the ability to buy access to University of Michigan's books online, and institutional subscriptions.

Supports shared services with other libraries:
The agreement empowers University of Michigan to broaden public access to its collection by using digital files of books that Google scans to strengthen and support initiatives like HathiTrust.

Provides greater digital access to University of Michigan's collections for students and faculty:
University of Michigan will get a digital copy of every book held in their collection, whether it's scanned from Michigan or at another library.

Broadens access to public domain books from University of Michigan's collection:
The University of Michigan will be able to share digital copies of public domain works Google has digitized from its collection with fellow academic institutions, libraries, and other organizations for non-commercial purposes. These provisions enable Michigan to share its digital library collection with students, scholars, and other library users around the world.

Subsidizes University of Michigan's Institutional Subscription:
If approved by the court, Google's agreement with authors and publishers allows it to make millions of digitized books available to colleges and universities via a subscription. Under our new agreement, Google will subsidize the cost of Michigan's subscription based on the number of books scanned from Michigan. In practice, this means that Google will subsidize the entire cost of Michigan's institutional subscription–so that Michigan's students and staff will be able to access and read almost every book Google has digitized from 29 libraries around the world, for free.

Expands access for students, faculty, and patrons with disabilities:
Google will make public domain works digitized from Michigan's print library collection accessible to users with print disabilities in the same ways as in-copyright books covered under the settlement agreement.

Safeguards the public's access to knowledge:
Michigan's agreement includes collective terms Google has committed to that can be enjoyed by any of Google's other partner libraries. Michigan is the first university to sign on to these terms, which give libraries new ways to help safeguard the public's access to these books.

Establishes a mechanism to review prices:
Our agreement gives Michigan and other participating libraries the power to review the pricing of Institutional Subscriptions to make sure that they are priced for "broad penetration," as required by the settlement agreement. That means that the reviewer will evaluate whether subscriptions are affordable enough to allow universities, libraries, and other institutions across the country to take advantage of them.

If they determine that prices are too high, University of Michigan and other participating libraries who sign these collective terms can challenge the prices through arbitration, and Google will be required to work with the Registry to adjust the pricing accordingly.

Ensures access to millions of books for generations to come:
Google has committed to make the books it has scanned publicly available for free search, consumer purchase, institutional subscriptions, and other services established by the settlement agreement. Our agreement ensures that libraries and their patrons can continue to use digital copies of the millions of books Google has scanned well into the future, even if Google goes away.

Also see the press release.

University of California Systemwide 2008 Use Statistics for Databases, E-Books, and Journals

The California Digital Library has released University of California systemwide 2008 use statistics for selected databases, e-books, and journals.

Here's an excerpt from the announcement:

One of the observations from reading the 2008 usage reports is that there are wide variations in some reported statistics. Some of the changes may reflect actual usage trends and some may result from anomalies in the data. Below are some possible reasons for the usage changes:

  • New content or backfiles have been added
  • New features or links implemented on the interface associated with full-text access
  • Data mining activities
  • More external entry points for the full-text content, e.g., Google Scholar
  • Greater use of Google Scholar and other search engines instead of A&I databases, resulting in usage declines for those databases
  • Research interest changes on the campuses

In addition, some publishers are now providing and end-users have begun using software that allows users to easily download multiple full-text articles simultaneously.  For example, since September 2008, Elsevier has partnered with Quosa, a document download software company, to allow users to download up to 20 PDF versions of full-text research with only a few clicks.  CDL will be monitoring the effect these new tools may have on UC usage reports.

Cornell Lifts Use Restrictions on Reproductions of Public Domain Works, Including over 70,000 E-Books

The Cornell University Library has eliminated use restrictions on reproductions of public domain works, including over 70,000 e-books.

Here's an excerpt from the press release:

In a dramatic change of practice, Cornell University Library has announced it will no longer require its users to seek permission to publish public domain items duplicated from its collections. Instead, users may now use reproductions of public domain works made for them by the Library or available via Web sites, without seeking any further permission.

The Library, as the producer of digital reproductions made from its collections, has in the past licensed the use of those reproductions. Individuals and corporations that failed to secure permission to repurpose these reproductions violated their agreement with the Library. "The threat of legal action, however," noted Anne R. Kenney, Carl A. Kroch University Librarian, "does little to stop bad actors while at the same time limits the good uses that can be made of digital surrogates. We decided it was more important to encourage the use of the public domain materials in our holdings than to impose roadblocks."

The immediate impetus for the new policy is Cornell’s donation of more than 70,000 digitized public domain books to the Internet Archive (details at www.archive.org/details/cornell).

"Imposing legally binding restrictions on these digital files would have been very difficult and in a way contrary to our broad support of open access principles," said Oya Y. Rieger, Associate University Librarian for Information Technologies. "It seemed better just to acknowledge their public domain status and make them freely usable for any purpose. And since it doesn't make sense to have different rules for material that is reproduced at the request of patrons, we have removed permission obligations from public domain works."

Institutional restrictions on the use of public domain work, sometimes labeled "copyfraud," have been the subject of much scholarly criticism. The Cornell initiative goes further than many other recent attempts to open access to public domain material by removing restrictions on both commercial and non-commercial use. Users of the public domain works are still expected to determine on their own that works are in the public domain where they live. They also must respect non-copyright rights, such as the rights of privacy, publicity, and trademark. The Library will continue to charge service fees associated with the reproduction of analog material or the provision of versions of files different than what is freely available on the Web. All library Web sites will be updated to reflect this new policy during 2009.

The new Cornell policy can be found at cdl.library.cornell.edu/guidelines.html.