Pamela Samuelson, Huffington Post; Google Books Is Not a Library:
"Sergey Brin published an op-ed in the New York Times last Friday likening the Google Book initiative to the famous ancient library of Alexandria. Brin suggested that Google Books would be "a library to last forever," unlike its Alexandrian counterpart that was ravaged by fire...
Unlike the Alexandria library or modern public libraries, the Google Book Search (GBS) initiative is a commercial venture that aims to monetize millions of out-of-print books, many of which are "orphans," that is, books whose rights holders cannot readily be found after a diligent search...
If Google Books was just a library, as Brin claims, library associations would not have submitted briefs expressing reservations about the GBS settlement to the federal judge who will be deciding whether to approve the deal. Libraries everywhere are terrified that Google will engage in price-gouging when setting prices for institutional subscriptions to GBS contents. Google is obliged to set prices in conjunction with a newly created Registry that will represent commercial publishers and authors. Prices for these subscriptions are to be set based on the number of books in the corpus, the services available, and prices of comparable products and services (of which there are none). Given that major research libraries today often pay in excess of $4 million a year for access to several thousand journals, they have good reason to be concerned that Google will eventually seek annual fees in excess of this for subscriptions to millions of GBS books. This is because Google will have a de facto monopoly on out-of-print books. The DOJ has raised concerns that price-setting terms of the GBS deal are anti-competitive.
Besides, Google can sell the GBS corpus to anyone without anyone's consent at any time once the settlement is approved...
Brin and Google's CEO Eric Schmidt have also been saying publicly that anyone can do what Google did--scanning millions of books to make a corpus of digitized books. They perceive Google to have just been bolder and more forward-looking than its rivals in this respect. But this claim is preposterous: By settling a lawsuit about whether scanning books to index them is copyright infringement or fair use, Google is putting at risk the next guy's fair use defense for doing the same...
Brin forgot to mention another significant difference between GBS and traditional libraries: their policies on patron privacy. The proposed settlement agreement contains numerous provisions that anticipate monitoring of uses of GBS content; so far, though, Google has been unwilling to make meaningful commitments to protect user privacy. Traditional libraries, by contrast, have been important guardians of patron privacy...
Anyone aspiring to create a modern equivalent of the Alexandrian library would not have designed it to transform research libraries into shopping malls, but that is just what Google will be doing if the GBS deal is approved as is."
http://www.huffingtonpost.com/pamela-samuelson/google-books-is-not-a-lib_b_317518.html
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