Disability Group Boosts Google Book Search; Wired's Epicenter, 8/7/09

Ryan Singel via Wired's Epicenter; Disability Group Boosts Google Book Search:

"Google’s Book Search program will help the blind and wheelchair-bound read more, a disability group told a federal judge Wednesday, giving Google some much needed support in its attempt to create the online library and bookstore of the future.

The American Association of People with Disabilities told federal court judge Denny Chin that “vast numbers of books will be opened up for many people for the first time ever,” citing the fact that Google Book Search will digitize books into formats that can be used by specialized readers. The nonprofit group asked the court to approve the controversial copyright settlement that Google struck in 2007 to settle a class action lawsuit filed by authors and publishers.

That’s good news for the search and advertising giant, given the settlement is under investigation by the Justice Department and is facing stiff opposition from rights groups and some authors."

http://www.wired.com/epicenter/2009/08/disability-group-boosts-google-book-search/

Library Organizations Urge DoJ To Take Proactive Role in Google Book Search Settlement; Library Journal, 8/6/09

Norman Oder via Library Journal; Library Organizations Urge DoJ To Take Proactive Role in Google Book Search Settlement:

Groups express concerns about pricing, composition of Book Rights Registry:

"Letter follows up on May meeting.

DoJ should treat settlement as consent decree.

OCA asks Google to request delay in hearing."

http://www.libraryjournal.com/article/CA6675219.html

Cracking Down, Antitrust Chief Hits Resistance; New York Times, 7/25/09

Stephen Labaton via New York Timesl; Cracking Down, Antitrust Chief Hits Resistance:

"President Obama’s top antitrust official and some senior Democratic lawmakers are preparing to rein in a host of major industries, including airline and railroad giants, moving so aggressively that they are finding some resistance from officials within the administration.

The official, Christine A. Varney, the antitrust chief at the Justice Department, has begun examining complaints by the phone companies Verizon and AT&T that their rivals — major cable operators like Cablevision and Cox Communications — improperly prevent them from buying sports shows and other programs that the cable companies produce, industry lawyers said...

Ms. Varney has also challenged agreements that the Federal Trade Commission and consumer groups say discourage pharmaceutical companies from marketing more generic drugs. And she is examining a settlement between Google and book publishers and authors to make more books available online."

http://www.nytimes.com/2009/07/26/business/26antitrust.html?_r=1&partner=rss&emc=rss

U.S. Confirms Investigation of Google Books Deal; New York Times, 7/2/09

Miguel Helft via New York Times; U.S. Confirms Investigation of Google Books Deal:

"Antitrust experts said the letter was the latest indication that the Justice Department is seriously examining complaints that the agreement would grant Google the exclusive right to profit from millions of so-called “orphan works,” books that are out of print and whose authors or rights holders are unknown or cannot be found.

“This is the next step in the notion that this is a serious issue, so serious that the Justice Department needs to notify the court,” said Gary L. Reback, a lawyer at Carr & Ferrell, and the author of a recent book on antitrust issues. “It sets the stage for the department to come into the court to present a problem.”...

In a response, United States District Judge Denny Chin of the Southern District of New York in Manhattan, who is charged with reviewing the settlement, set a deadline of Sept. 18 for the government to present its views in writing.

Judge Chin has scheduled a hearing on the settlement for Oct. 7 and said the government could also lay out its views orally at that time.

Opponents of the settlement hailed the department’s letter, saying it was a sign that the government was listening to their complaints.

“We are heartened that the D.O.J. is taking the concerns that we have expressed seriously,” said Peter Brantley, the director of access for the Internet Archive. Mr. Brantley’s organization is spearheading an effort to digitize books from libraries and make them broadly available, in competition with Google’s own digitization project. It has argued that the settlement would make it more difficult for the Internet Archive to pursue its plan.

Google and the other parties to the settlement have vigorously defended it.

“It’s important to note that this agreement is nonexclusive and, if approved by the court, stands to expand access to millions of books in the U.S.,” Gabriel Stricker, a Google spokesman, said in a statement. "

http://www.nytimes.com/2009/07/03/technology/companies/03google.html?_r=1&ref=technology

Justice Department Formalizes Probe of Google Books Settlement; Wired, 7/2/09

John C. Abell via Wired; Justice Department Formalizes Probe of Google Books Settlement:

"The settlement, between Google and book authors and publishers, allows the search giant to [sic] to create the worlds’ largest digital library by scanning millions of books housed in the nation’s research libraries. Depending on the copyright status of the book, Google shows snippets to full-texts of the books online and in search results. That prompted the Author’s Guild to sue Google in 2005, leading to a settlement in 2007 that covers all book copyright holders. That deal gives Google various legal rights to scan, index, display and sell all books in print online.

A number of parties have objected to the terms of the deal, including Microsoft, consumer groups and the heirs of Philip K. Dick. The main objection to the deal is the way in which so-called orphan works are treated. Under the terms of the agreement Google is protected from copyright infringement from authors who abandoned their books by not registering in its books database. If they show up later, all they can do is collect a little cash, change their book price or ask Google to stop selling the book. Otherwise infringement can be up to $150,000 per violation."

http://www.wired.com/epicenter/2009/07/justice-department-formalizes-probe-of-google-books-settlement/

DOJ Officially Opens Investigation Into Google Book Search; PC World, 7/2/09

Via PC World; DOJ Officially Opens Investigation Into Google Book Search:

"The U.S. Department of Justice confirmed on Thursday that it is investigating a settlement involving Google Book Search for possible antitrust violations, following months of speculation that the agency had its eye on the service.

In a filing to the judge overseeing the settlement of a lawsuit filed by The Authors Guild against Google, the DOJ informed the court that it has opened an investigation into the proposed settlement after reviewing public comments of concern. Those comments suggest that the agreement might violate the Sherman Act, a U.S. antitrust law, the DOJ said.

"The United States has reached no conclusions as to the merit of those concerns or more broadly what impact this settlement may have on competition. However, we have determined that the issues raised by the proposed settlement warrant further inquiry," the letter reads."

http://www.pcworld.com/businesscenter/article/167830/doj_officially_opens_investigation_into_google_book_search.html

As US government closes in, Google eyes revenue streams for Book Search; Christian Science Monitor, 6/18/09

Matthew Shaer via Christian Science Monitor; As US government closes in, Google eyes revenue streams for Book Search:

"Earlier today, Google unveiled a new version of its controversial Book Search tool, even as the US government continued its investigation into a deal reached last October between publishers and the Mountain View, Calif.-based tech company. The updated Book Search includes a swath of new features intended to mirror the way we read dead-tree books, from an expanded table of contents to a page-turn button, with accompanying animation...

Book Search currently makes available only public-domain books, or the titles that Google has negotiated the rights to publish. Still, the improvements to the tool will likely help “position Google Books as the library/book store of choice going forward,” David Weir notes over at BNET. There are “multiple potential revenue streams available — advertising, affiliate marketing, keyword search, direct sales, licensing fees, subscription fees, e-reader device sales, and on and on,” he wrote."

http://features.csmonitor.com/innovation/2009/06/18/as-us-government-closes-in-google-eyes-revenue-streams-for-book-search/

Librarians Fighting Google's Book Deal; Time, 6/17/09

Janet Morrissey via Time; Librarians Fighting Google's Book Deal:

"Goliath Google facing off against a legion of librarians and, possibly, the U.S. Justice Department — now there's a fight...

In a complex settlement agreement, which took three years to hammer out and spans 135 pages excluding attachments, Google will be allowed to show up to 20% of the books' text online at no charge to Web surfers. But the part of the settlement that deals with so-called orphan books — which refers to out-of-print books whose authors and publishers are unknown — is what's ruffling the most feathers in the literary henhouse. The deal gives Google an exclusive license to publish and profit from these orphans, which means it won't face legal action if an author or owner comes forward later. This, critics contend, gives it a competitive edge over any rival that wants to set up a competing digital library. And without competition, opponents fear Google will start charging exorbitant fees to academic libraries and others who want full access to its digital library.

"It will make Google virtually invulnerable to competition," says Robert Darnton, head of the Harvard University library system.

Although competitors could scan orphans, they would not be protected from copyright suits as Google is under the agreement. "They'd face lawsuits all over the place," making the risk too big, said Darnton.

Without competition, pricing could go wild, critics claim. The registry, which oversees pricing, is comprised of authors and publishers who stand to benefit from high subscription fees. "There will be no incentive to keep prices moderate," Darnton says.

The library community recalls with horror the pricing fiasco that occurred when industry consolidation left academic journals in the hands of five publishing companies. The firms hiked subscription prices 227% over a 14-year period, between 1986 and 2002, forcing cash-strapped libraries to drop many subscriptions, according to Van Orsdel. "The chance of the price being driven up in a similar way (in the Google deal) is really very real," he says.

http://www.time.com/time/business/article/0,8599,1904495,00.html?imw=Y

As US gov’t circles the wagons, Google’s brass stays cool; Christian Science Monitor, 6/11/09

Matthew Shaer via Christian Science Monitor; As US gov’t circles the wagons, Google’s brass stays cool:

"A day after Google acknowledged it was being investigated by the US Justice Department, two of the company’s lawyers said they saw no cause for concern.

“Most of these issues don’t deal with our core business,” said Dana Wagner, a competition lawyer for Google said yesterday, according to The Wall Street Journal. The newspaper also quoted Google’s chief legal officer David Drummond, who declined to comment on the specifics of the case.

“We hear people’s concerns and we want to address them,” Drummond said. He said he expected Google’s recent settlement on its Book Search project to be approved."

http://features.csmonitor.com/innovation/2009/06/11/as-us-govt-circles-the-wagons-googles-brass-stays-cool/

Probe of Google Book Deal Heats Up; Wall Street Journal, 6/10/09

Elizabeth Williamson, Jeffrey A. Trachtenberg, and Jessica E. Vascellero via Wall Street Journal; Probe of Google Book Deal Heats Up:

A New York publishing executive said the Justice Department is requesting documents about pricing, digital strategy and conversations with other publishers related to the Google settlement...

The Justice Department's escalation of its book search inquiry is the latest in a series of antitrust probes of Google's business launched by the department and the Federal Trade Commission, the government's two main antitrust regulators. Taken together, the inquiries represent a broad government examination of the dominant technology company of the decade.

People close to Google say the company considers the investigations part of a broader push by new antitrust regulators to step up scrutiny of the technology industry after a lull during the Bush administration.

In response, Google appears to be stepping up efforts to press its case with lawmakers and regulators. The company's chief legal officer, David Drummond, travels to Washington Wednesday to defend the book search deal in meetings with lawmakers and copyright advocates.

Google's effort to avoid anti-trust trouble could hinge on its willingness to strike concessions or scale back certain aspects of its plans to satisfy regulators' concerns. At the same time, Google is working to counter efforts by rivals -- including Microsoft Corp. -- to portray it as a threat to competition or consumer privacy."

http://online.wsj.com/article/SB124458396782799555.html

U.S. Presses Antitrust Inquiry Into Google Book Settlement; New York Times, 6/10/09

Miguel Helft via New York Times; U.S. Presses Antitrust Inquiry Into Google Book Settlement:

"In a sign that the government has stepped up its antitrust investigation of a class-action settlement between Google and groups representing authors and publishers, the Justice Department has issued formal requests for information to several of the parties involved.

The Justice Department has sent the requests, called civil investigative demands, to various parties, including Google, the Association of American Publishers, the Authors Guild and individual publishers, said Michael J. Boni, a partner at Boni & Zack, who represented the Authors Guild in negotiations with Google.

“They are asking for a lot of information,” Mr. Boni said. “It signals that they are serious about the antitrust implications of the settlement.”

http://www.nytimes.com/2009/06/10/technology/companies/10book.html?_r=1&scp=1&sq=google%20book&st=cse

Google's Book Search Deal: 5 Pros and 5 Cons; PC World, 4/29/09

Via PC World; Google's Book Search Deal: 5 Pros and 5 Cons:

"Understanding Google's Settlement

The Book Search settlement, announced in October, followed a three-year battle over Google's right to display copyrighted books on its Web site. The Authors Guild and the Association of American Publishers claimed Google was violating copyrights by doing so. Google eventually agreed to pay $125 million to ensure authors and publishers could register to receive payments anytime their books were viewed within the service.

The deal is proving to be quite divisive, and now, with the Justice Department's reported antitrust investigation, things could get even more dicey. Here's a look at five key arguments from both sides of the debate."

http://www.pcworld.com/article/164096/googles_book_search_deal_5_pros_and_5_cons.html

Justice Dept. Opens Antitrust Inquiry Into Google Books Deal; The New York Times, 4/28/09

Via The New York Times: Justice Dept. Opens Antitrust Inquiry Into Google Books Deal:

"The Justice Department has begun an inquiry into the antitrust implications of Google’s settlement with authors and publishers over its Google Book Search service, two people briefed on the matter said Tuesday.

Lawyers for the Justice Department have been in conversations in recent weeks with various groups opposed to the settlement, including the Internet Archive and Consumer Watchdog. More recently, Justice Department lawyers notified the parties to the settlement, including Google, and representatives for the Association of American Publishers and the Authors Guild, that they were looking into various antitrust issues related to the far-reaching agreement.

The inquiry does not necessarily mean that the department will oppose the settlement, which is subject to a court review. But it suggests that some of the concerns raised by critics, who say the settlement would unfairly give Google an exclusive license to profit from millions of books, have resonated with the Justice Department."

http://www.nytimes.com/2009/04/29/technology/internet/29google.html

Objection to Google Scanning Settlement Filed; American Libraries, 4/15/09

Via American Libraries: Objection to Google Scanning Settlement Filed:

"The consumer advocacy group Consumer Watchdog has sent a letter to the Justice Department asking to delay implementation of the October 2008 settlement of publisher lawsuits over Google’s scanning of copyrighted books. Concerns from more groups, including the American Library Association, are anticipated before the May 5 deadline for filing objections.

Consumer Watchdog’s April 1 letter (PDF file) argued that the settlement’s “most favored nation” clause guarantees Google the same terms from the proposed Book Rights Registry that any future competitor might be offered, which may prevent competition."

http://www.ala.org/ala/alonline/currentnews/newsarchive/2009/april2009/googlescanobjections.cfm