Category: E-Books

Digitization Copyright Wars: Microsoft Blasts Google at AAP

Microsoft Associate General Counsel Thomas Rubin took off the gloves at the Association of American Publishers meeting on Tuesday. The target: Google Book Search. The goal: to contrast Google’s approach to copyright issues associated with digitizing books with Microsoft’s more publisher-friendly approach.

Rubin’s comments included the following:

The stated goal of Google’s Book Search project is to make a copy of every book ever published and bring it within Google’s vast database of indexed content. While Google says that it doesn’t currently intend to place ads next to book search results, Google’s broader business model is straightforward—attract as many users as possible to its site by providing what it considers to be "free" content, then monetize that content by selling ads. I think Pat Schroeder put it best when she said Google has "a hell of a business model—they’re going to take everything you create, for free, and sell advertising around it."

To accomplish its book search goals, Google persuaded several libraries to give it unfettered access to their collections, both copyrighted and public domain works. It also entered into agreements with several publishers to acquire rights to certain of their copyrighted books. Despite such deals, in late 2004 Google basically turned its back on its partners. Concocting a novel "fair use" theory, Google bestowed upon itself the unilateral right to make entire copies of copyrighted books not covered by these publisher agreements without first obtaining the copyright holder’s permission.

Google’s chosen path would no doubt allow it to make more books searchable online more quickly and more cheaply than others, and in the short term this will benefit Google and its users. But the question is, at what long-term cost? In my view, Google has chosen the wrong path for the longer term, because it systematically violates copyright and deprives authors and publishers of an important avenue for monetizing their works. In doing so, it undermines critical incentives to create. . . .

Google defends its actions primarily by arguing that its unauthorized copying and future monetization of your books are protected as fair use. . . .

In essence, Google is saying to you and to other copyright owners: "Trust us—you’re protected. We’ll keep the digital copies secure, we’ll only show snippets, we won’t harm you, we’ll promote you." But Google’s track record of protecting copyrights in other parts of its business is weak at best.

Rubin also discussed Microsoft’s Live Search Academic and Live Search Books in some detail.

Here are some of the more interesting articles and postings about the speech:

Meanwhile, the Bavarian State Library has just joined Google’s library partners, adding about one million books to the project.

Rice University Names Head of Its Digital Press

Fred Moody has been chosen to head the reborn-digital Rice University Press. Based in Seattle (where he will remain), Moody is a journalist and author of books such as I Sing The Body Electronic, Seattle and the Demons of Ambition: From Boom to Bust in the Number One City of the Future, and The Visionary Position: the Inside Story of the Digital Dreamers Who Are Making Virtual Reality a Reality. Moody holds an MLS from the University of Michigan.

Below is an excerpt from the Rice News article ("Moody Tapped to Head Rice University Press"):

The press will start out publishing art history books and grow as peer review panels are added. A second imprint at the press—called Long Tail Press—will be added so publishing can be done in partnership with other university presses. It will allow for previously published books to be published again on a digital platform. It will also allow for books that have been accepted at fellow university presses, but haven’t been printed because of cost, to be published.

"My goal is to grow Rice’s reputation for quality first, and to grow the size of the press—in terms both of number of books published and number of disciplines published—almost as fast," Moody said. "The idea is not so much to grow a huge business as to grow the best forum in the world for scholarly research."

(Prior postings about digital presses.)

Stanford’s President and the Google Book Search Library Project

The Wall Street Journal ran a lengthy article about the personal finances of John L. Hennessy, president of Stanford University, today ("The Golden Touch of Stanford’s President"). It kicks off by noting that Hennessy made $1 million last November that didn’t come from Stanford.

The last seven paragraphs are of interest, since they discuss Stanford’s relationship to the Google Book Search Library Project. The Executive Director of the Author’s Guild says that Hennessy’s Google holdings are a "great concern" and there "seems to be both a personal and institutional profit motive here." The Stanford general counsel indicates that Hennessy was not part of discussions about Google Book Search Library Project. Another issue is Google’s $2 million gift to the Stanford Law School’s Center for Internet and Society to promote fair use. Lawrence Lessig denies that the Google gift had any "quid pro quo" implications, and the former Law School Dean indicates that Hennessy had no part in the Google gift.

Concerns about potential conflict of interest may be fueled by Hennessy’s $11 million gains from sale of Google stock and use of stock options, his current Google stock holdings valued at $2.3 million, and his Google stock options that may be worth $15.8 million if exercised.

Source: Hechinger, John, and Rebecca Buckman. "The Golden Touch of Stanford’s President." The Wall Street Journal, 24 Febuary 2007, A1, A10.

Princeton Joins Google Book Search Library Project

The Princeton University Library has announced that it has joined the Google Book Search Library Project.

From the press release:

A new partnership between the Princeton University Library and Google soon will make approximately 1 million books in Princeton’s collection available online in a searchable format.

In a move designed to open Princeton’s vast resources to a broad international audience, the library will work with Google over the next six years to digitize books that are in the public domain and no longer under copyright. . . .

"We will be working with Google in the next several months to choose the subject areas to be digitized and the timetable for the work," [Karin] Trainer said. "Library staff, faculty and students will be invited to suggest which parts of our distinctive collections should be digitized."

Princeton is the 12th institution to join the Google Books Library Project. Books available in the Google Book Search also include those from collections at Harvard, Oxford, Stanford, the University of California, the University of Michigan, the University of Texas-Austin, the University of Virginia, the University of Wisconsin-Madison, the New York Public Library, the University Complutense of Madrid and the National Library of Catalonia.

Google also announced the new partnership in its Inside Google Book Search blog.

New Yorker Google Book Search Article

The New Yorker has published an article about Google Book Search by Jeffrey Toobin in its February 5, 2007 issue ("Google’s Moon Shot: The Quest for the Universal Library").

Here’s a quote from the article:

Google asserts that its use of the copyrighted books is "transformative," that its database turns a book into essentially a new product. "A key part of the line between what’s fair use and what’s not is transformation," Drummond said. "Yes, we’re making a copy when we digitize. But surely the ability to find something because a term appears in a book is not the same thing as reading the book. That’s why Google Books is a different product from the book itself." In other words, Google says that being able to search books on its site—which it describes as the equivalent of a giant library card catalogue—is not the same as making the books themselves available. But the publishers cite another factor in fair-use analysis: the amount of the copyrighted work that is used in the creation of the new one. Google is copying entire books, which doesn’t sound "fair" to the plaintiff publishers and authors.

Has Authorama.com "Set Free" 100 Public Domain Books from Google Book Search?

In a posting on Google Blogoscoped, Philipp Lenssen has announced that he has put up 100 public domain books from Google Book Search on Authorama.

Regarding his action, Lenssen says:

In other words, Google imposes restrictions on these books which the public domain does not impose*. I’m no lawyer, and maybe Google can print whatever guidelines they want onto those books. . . and being no lawyer, most people won’t know if the guidelines are a polite request, or legally enforceable terms**. But as a proof of concept—the concept of the public domain—I’ve now ‘set free’ 100 books I downloaded from Google Book Search by republishing them on my public domain books site, Authorama. I’m not doing this out of disrespect for the Google Books program (which I think is cool, and I’ll credit Google on Authorama) but out of respect for the public domain (which I think is even cooler).

Since Lenssen has retained Google’s usage guidelines in the e-books, it’s unclear how they have been "set free," in spite of the following statement on Authorama’s Books from Google Book Search page:

The following books were downloaded from Google Book Search and are made available here as public domain. You can download, republish, mix and mash these books, for private or public, commercial or non-commercial use.

Leaving aside the above statement, Lenssen’s action appears to violate the following Google usage guideline, where Google asks that users:

Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for personal, non-commercial purposes.

However, in the above guideline, Google uses the word "request," which suggests voluntary, rather than mandatory, compliance. Google also requests attribution and watermark retention.

Maintain attribution The Google ‘watermark’ you see on each file is essential for informing people about this project and helping them find additional materials through Google Book Search. Please do not remove it.

Note the use of the word "please."

It’s not clear how to determine if Google’s watermark remains in the Authorama files, but, given the retention of the usage guidelines, it likely does.

So, do Google’s public domain books really need to be "set free"? In its usage guidelines, Google appears to make compliance requests, not compliance requirements. Are such requests binding or not? If so, the language could be clearer. For example, here’s a possible rewording:

Make non-commercial use of the files Google Book Search is for individual use only, and its files can only be used for personal, non-commercial purposes. All other use is prohibited.

DOIs for Books Gain Ground

According to CrossRef, the official DOI registration agency, over a half-million DOIs have been assigned to books or book chapters, and twenty of its members are using DOIs in this fashion.

What’s a DOI? Here’s a short description from CrossRef

The DOI, or digital object identifier, serves as a persistent, actionable identifier for intellectual property online. DOIs can be assigned at any level of granularity, and therefore provide publishers with an extensible platform for a variety of applications. And DOI links don’t break. Even if a publisher needs to migrate publications from one system to another, or if the content moves from one publisher to another, the DOI never changes.

While the use of DOIs for book chapters is especially interesting, DOIs can be utilized for smaller book sections as this example of an entry for Ian Fleming in the Oxford Dictionary of National Biography illustrates. (Notice the DOI, "Ian Lancaster Fleming (1908–1964): doi:10.1093/ref:odnb/33168," at the bottom of the entry.)

Rice University Press Publishes Its First Open Access Digital Document

The recently re-established Rice University Press, which was reborn as a digital press, has published its first e-report: Art History and Its Publications in the Electronic Age by Hilary Ballon (Professor and Director of Art Humanities at the Columbia University Department of Art History and Archaeology) and Mariet Westermann (Director and Professor at the Institute of Fine Arts, New York University).

The introduction notes:

Just as we were finishing our report, Rice University Press announced that it would re-launch itself as a fully electronic press with a special commitment to art history. We were delighted to find Rice willing to partner with the Council on Library and Information Resources (CLIR) to publish our report electronically, with the kinds of hyper-linking, response capability, and print-on-demand options we consider vital to the success of scholarly publication on line. At Rice University Press, Chuck Henry, Chuck Bearden, and Kathi Fletcher generously steered us through the technological and legal process. We received enthusiastic support at CLIR from Susan Perry, Michael Ann Holly, Kathlin Smith, and Ann Okerson.

Like all digital works to be published by the press, this one is under a Creative Commons Attribution 2.0 license. At this time, it does not appear that a print-on-demand version of the work is available from Rice University Press.

The Ohio State University Press Open Access Initiative

The Ohio State University Press is providing free access to over 30 out-of-print books that it has published as part of its open access initiative. Chapters and other book sections are provided as PDF files. The books remain under traditional copyright statements.

Examples include:

Digital University/Library Presses, Part 1: ANU E Press

Established in May 2004, the ANU E Press at the Australian National University fosters new scholarly publishing models, such as:

  • the production of electronic editions of academic monographs of interest to both scholarly and general-interest readers
  • web-based dissemination of digitally reformatted publications
  • support for presentation and dissemination of interactive publications and teaching materials
  • the development of technologies that enhance peer review while accelerating dissemination of scholarly publication

The ANU E Press has the following features:

  • open e-publication
  • institution-based repositories with appropriate listings and metadata/discovery mechanisms
  • a centralised repository
  • a low-cost, common-good funding model
  • moderation/peer review
  • copyright preserved by creators
  • facilities for access to and transfer of electronic information, for example, a print-on-demand facility

A representative ANU E Press title is Negotiating the Sacred: Blasphemy and Sacrilege in a Multicultural Society, which is freely available in HTML, PDF, and mobile device formats and can be ordered as a print-on-demand book.

A complete list of titles is available.

For more information, see the Frequently Asked Questions Web page.

Open Access to Books: The Case of the Open Access Bibliography

In March 2005, the Association of Research Libraries (ARL) published my book the Open Access Bibliography: Liberating Scholarly Literature with E-Prints and Open Access Journals under a Creative Commons Attribution-NonCommercial 2.0 License. At the same time, a PDF version of the book was made freely available at the University of Houston Libraries Web site, and a PDF of the frontmatter, "Preface," and "Key Open Access Concepts" sections of the book was made freely available at the ARL Web site. The complete OAB PDF was moved to my new escholarlypub.com Web site in June, and an HTML version of "Key Open Access Concepts" was made available as well. In February 2006, author and title indexes for the OAB were made available in HTML form, and, in March 2006, the entire OAB was made available in HTML form.

The OAB deals with a topic that is of keen interest to a relatively small segment of the reading public. Moreover, it’s primarily a very detailed bibliography. The question is: Was it worth putting up all of these free digital versions of the book and creating these auxiliary digital materials?

From March through May 2005, there were 29,255 requests for the OAB PDF. From June 2005 through June 2006, there were another 15,272 requests for the OAB PDF; 17,952 requests for chapters or sections of the HTML version of the OAB; 11,610 requests for the HTML version of "Key Open Access Concepts"; 3,183 requests for the author index; and 2,918 requests for the title index. I don’t have use statistics for the ARL PDF of the first few sections of the book. (The June 2005 through June 2006 statistics are from Urchin; when I analyze the log files in analog, they may vary slightly.)

Print runs for scholarly books are notoriously short, often in the hundreds. I suspect most scholarly publishers would be delighted to sell 500 copies of a specialized bibliography, many of which would end up on library shelves. However, by making the Open Access Bibliography: Liberating Scholarly Literature with E-Prints and Open Access Journals freely available in digital form, over 44,500 copies of the complete book, over 29,500 chapters (or other book sections), and over 6,100 author or title indexes have been distributed to users worldwide. Thanks to ARL, the OAB has had greater visibility and impact than it would have had under the conventional publishing model.

The Caravan Project: One Book, Five Distribution Formats

BusinessWeek reports that Peter Osnos, founder and Editor-at-Large of Public Affairs, is working with Borders, selected independent bookstores, six nonprofit publishers, and Ingram Industries to experiment with a new book publishing model. The idea is this: publish the book in five formats (audio, chapter, hardcover, digital, and print-on-demand) and let customers decide which one(s) they want. Larger publishers have reservations about the Caravan Project’s experiment. The article states that "going this far this fast unnerves publishers," and it quotes Al Greco (of the Book Industry Study Group): "they are terrified of being Napsterized."

Source: Lowry, Tom. "Getting Out Of A Bind." BusinessWeek, 10 April 2006, 79-80.