Showing posts with label Open Book Alliance. Show all posts
Showing posts with label Open Book Alliance. Show all posts

Sunday, May 16, 2010

Open Book Alliance tosses brick at Google; backs Amazon, Microsoft Corp., AT&T; Baltimore Examiner, 5/11/10

Peter Kelton, Baltimore Examiner; Open Book Alliance tosses brick at Google; backs Amazon, Microsoft Corp., AT&T:

"The Open Book Alliance (OBA) has tossed another brick at the Google Books Settlement now pending a supposedly final decision in federal court. Many believe the decision may shape the future of book publishing. Most assume the decision will be appealed.

OBA released an analysis it bought from a law firm that finds “numerous provisions of the proposed Google Books settlement would, if approved, violate the treaty obligations of the U.S. If the settlement is approved, it may give rise to legal action against the U.S. before an international tribunal and will certainly expose the U.S. to diplomatic stress.”

Open Book Alliance includes the following members: Amazon, American Society of Journalists and Authors, Council of Literary Magazines and Presses, Internet Archive, Presidio of San Francisco, Microsoft, National Writers Union, New York Library Association, Science Fiction and Fantasy Writers of America, Small Press Distribution, and Yahoo!

The 18-page analysis is available from (OBA).

The Justice Department had recommended that folks keep negotiating the ultimate terms of settling the $125 million lawsuit against Google."

http://www.examiner.com/x-15737-Albuquerque-Contemporary-Literature-Examiner~y2010m5d11-Open-Book-Alliance-tosses-brick-at-Google-backs-Amazon-Microsoft-Corp-ATT

Saturday, January 30, 2010

Google Book Search Settlement 2.0: The Latest Scorecard; Chronicle of Higher Education, Wired Campus, 1/29/10

Jennifer Howard, Chronicle of Higher Education, Wired Campus; Google Book Search Settlement 2.0: The Latest Scorecard:

"We hope you enjoyed a holiday break from news of the Google Book Search settlement. A month into the new year, though, it's time to check back in with the case. January 28 was the deadline to file objections to the revised version. Denny Chin, the federal district judge charged with reviewing the settlement, is scheduled to hold a fairness hearing on Settlement 2.0 on February 18th.

Here are some of the latest developments and reactions to catch our eye. If you have come across other useful commentary or reactions, please share those in the comments.

--A group of some 80 professors, led by Pamela Samuelson, a professor of law and information at the University of California at Berkeley, has sent Judge Chin a letter explaining some academic authors' concerns over Settlement 2.0. The letter-signers write that "whatever the outcome of the fairness hearing, we believe strongly that the public good is served by the existence of digital repositories of books, such as the GBS corpus. We feel equally strongly that it would be better for Google not to have a monopoly on a digital database of these books." The letter reiterates many of the points made by Ms. Samuelson et al. in an earlier letter sent to the court. The Daily Californian also reported that Hal Varian, a professor of economics, business, and information at Berkeley, circulated a campus memorandum in response to Ms. Samuelson's most recent letter. "The agreement is not perfect, but I believe it to be a huge improvement over the status quo for authors, publishers, scholars, and the general public," Mr. Varian said in the memo. "In my view it deserves the enthusiastic support of all Berkeley faculty."

--The author Ursula K. Le Guin submitted a petition to the court with the signatures of 367 authors who dislike the proposed deal. "The free and open dissemination of information and of literature, as it exists in our public libraries, can and should exist in the electronic media. All authors hope for that," the petition states. "But we cannot have free and open dissemination of information and literature unless the use of written material continues to be controlled by those who write it or own legitimate right in it. We urge our government and our courts to allow no corporation to circumvent copyright law or dictate the terms of that control."

--On his blog The Laboratorium, Associate Professor James Grimmelmann of New York Law School—who has been bird-dogging the settlement since the beginning—has posted a nice list of "Essential Reading for Settlement Junkies." It features the most interesting filings that came in as the January 28 deadline approached. Highlights: Amazon's brief opposing the revised settlement is "a superbly executed piece of legal advocacy"; AT&T weighs in with a brief that confirms its "intense hatred of Google"; a group of Indian publishers objects too, saying that "while the scope of the proposed revised settlement has been narrowed by excluding India, it continues to provide Google with sweeping rights to exploit works of Indian authors/publishers under copyright protection without their express permission/consent."

--the British government declined to object, noting that "the UK Publishers Association strongly supports the revised settlement."

--The Open Book Alliance, whose memberhip includes GBS opponents Amazon.com, Microsoft, and the Internet Alliance, surprised no one by filing a friend-of-the-court brief opposing Settlement 2.0. "What one of Google's founders hailed last fall in the pages of The New York Times as 'A Library to Last Forever,' a modern-day equivalent of the Library at Alexandria, now reveals itself as more likely a sham and a fraud on the public," the alliance writes in one of the more rhetorically dramatic filings in the case.

--Lawrence Lessig, the Harvard law professor of Creative Commons fame, published a long essay in The New Republic about what he sees as the urgent need to redraft U.S. copyright law. Otherwise, he fears, "we are about to make a catastrophic cultural mistake." For those short on time—or driven crazy by TNR's eye-taxing fonts—TechCrunch boils down Mr. Lessig's long argument to its essence here. See also Mr. Grimmelmann's Laboratorium analysis of Mr. Lessig's essay and reactions/rebuttals in the comments there."

http://chronicle.com/blogPost/Google-Book-Search-Settlement/20939/

Wednesday, January 20, 2010

Google Settlement Opponents Ask Congress for Nonprofit Alternative; American Libraries, 1/19/10

Gordon Flagg, American Libraries; Google Settlement Opponents Ask Congress for Nonprofit Alternative:

"A month before the February 18 final fairness hearing for the proposed settlement of lawsuits challenging Google’s Book Search project, the Open Book Alliance called on Congress to instead help establish a digital book database operated by a neutral, nonprofit organization.

In a January 19 letter sent to members of Congress and digitization advocates, OBA cofounder Peter Brantley called for Google “to halt its current strategy, which focuses on fattening its profits and ensuring its continued domination of the Internet search market at the expense of broader social responsibilities.” Instead, he asked the parties to the proposed settlement to join a “new inclusive process” to develop a comprehensive digital public library that would “foster competitive instead of exclusive markets” and promote “long-term benefits for consumers … over isolated commercial interests.” Brantley asked that OBA’s proposed alternative “be done in a way that respects authors’ rights and copyright.”

The letter (PDF file) went on to say that such a library must result from “an open and deliberative conversation in Congress“ that would “appropriately weigh the concerns of all stakeholders [and that it] should be entrusted to a neutral, civic, not-for-profit organization … such as the Library of Congress” and “must not be exclusive to a single for-profit company.”
The OBA is a coalition of opponents of the settlement proposed by Google, the Authors Guild, and the Association of American Publishers. Its members include Google competitors Microsoft, Amazon.com, and Yahoo, as well as the Internet Archive, the National Writers Union, the Special Libraries Association, and the New York Library Association."

http://americanlibrariesmagazine.org/news/01192010/google-settlement-opponents-ask-congress-nonprofit-alternative

Wednesday, November 18, 2009

Google Books debate gets personal; Tech Chronicles, 11/17/09

James Temple, Tech Chronicles; Google Books debate gets personal:

"The increasingly acrimonious squabble over the Google Books legal settlement has officially slid past that threshold -- all too familiar during heated political campaigns -- where the debate becomes about the debate.

The Open Book Alliance issued a statement today complaining not about the terms of the revised settlement offering -- that press release was yesterday -- but about how Google rudely backed out of an opportunity to publicly wrangle over those terms. And how that means they're hiding things.

First, Google released the settlement's details at the witching hour of midnight on Friday. Then last night, Google refused to address the facts behind the book settlement on a widely respected national television news program.

Google continues to say they would like to have an open discussion on the merits of their revised settlement. However, the only discussions about the settlement seem to be occurring behind the closed doors of the company's Mountain View, Calif. campus.

According to TechCrunch, Google Books Engineering Director Dan Clancy had agreed to appear on The NewsHour with Jim Lehrer to debate the topic with Harvard professor Robert Darnton. With little notice, however, Silicon Valley attorney Gary Reback was added to the line up.

Reback spearheaded the antitrust crusade against Microsoft last decade and, by the way, co-chairs the Open Books Alliance, whose members include Google competitors Yahoo, Microsoft and Amazon.com.

Apparently Google didn't want an engineer to spar with a lawyer on national television, which doesn't seem as unreasonable to us as the incredulous tone of the Open Books Alliance statement would have one think.

As in politics, focusing on these sorts of trivial matters becomes a convenient stand in for the issues themselves because, of course, those issues are incredibly complex.

Besides, it's easier to incite consumer emotions by saying a massive company is hiding from a public debate than by explaining that, say, Open Books Alliance member Amazon.com is worried about how the deal will affect their own dominance over the book industry."

http://www.sfgate.com/cgi-bin/blogs/techchron/detail?entry_id=51855#ixzz0XDgJfxXd

Thursday, November 12, 2009

Closing chapter of Google Books saga near; CNet, 11/09/09

Tom Krazit, CNet; Closing chapter of Google Books saga near:

"Every book project is a series of deadlines. Google's faces an important one Monday.

Google and representatives for author and publisher groups are due to submit a revised Google Book Search settlement in New York federal court Monday. It's been a long year since they first reached a settlement they deemed "historic," which would have granted Google unique rights to continue scanning out-of-print yet copyright-protected books as it builds out a digital library containing more than 10 million books, which also includes public domain works as well as books scanned through partnerships with publishers.

However, opposition to the settlement grew in the months following its release, and the intervention of the Department of Justice in September forced the parties to rework the settlement. Google has sought to downplay the changes that are in the works, but the filing will showcase just how much Google and author groups have had to bend in order to satisfy the government.

It's not clear how widespread the changes will be. The Justice Department objected to several items it found "serious in isolation, and, taken together, raise cause for concern." The principal objection seemed to concern the Books Rights Registry, a nonprofit organization set up by Google and the author groups to distribute royalty payments from Google Book Search to authors. The group's directors will be picked by the parties, and while Google insists that anyone else who wants to scan out-of-print books can negotiate with the Registry, some objectors are concerned that they won't be able to get the same deal that Google has received.

The main problem, however, is that the settlement effectively sets copyright law precedent by affirming Google's position that it was, and is, allowed to scan books that are out of print but protected by copyright under fair-use rights. This does not sit well with many, and ahead of the revised settlement's release, Google's loudest opponents made their case that Google and author groups should defer to Congress on this issue.

"Congress must retain the exclusive authority granted by the U.S. Constitution to set copyright policy," declared the Open Book Alliance, a group that includes the Internet Archive, Microsoft, Amazon, and Yahoo.

The revised settlement is expected to be filed with the U.S. District Court for the Southern District of New York late on Monday. It's believed that Judge Denny Chin will order some sort of waiting period for interested parties to review the settlement before holding a final hearing, perhaps in early 2010."

http://news.cnet.com/8301-17939_109-10392768-2.html

Friday, October 9, 2009

"Libraries, Publishers and Leading Advocates Join Open Book Alliance in Calling for Open, Transparent Settlement Process", Reuters, 10/6/09

Reuters; Libraries, Publishers and Leading Advocates Join Open Book Alliance in Calling for Open, Transparent Settlement Process in Google Book Search Case:

"Dozens of leading academic,library, consumer advocacy, organized labor and publishing organizationsjoined the Open Book Alliance today in calling on Google and its litigationpartners to create an open and transparent process to negotiate a settlementin the Google Book Search case.
The parties published an open letter toGoogle, the Authors Guild and the Association of American Publishers,demanding that they include key stakeholders to represent the broad range ofpublic interests in the mass digitization of books. Google and its partnersabandoned a previous settlement proposed in the case after the U.S. Departmentof Justice and others criticized the deal and recommended that the courtreject it, but Google and the plaintiff publishers continue to negotiatebehind closed doors on a revised settlement proposal.

The letter, available at http://www.openbookalliance.org/wp-content/uploads/2009/10/Open-Letter-Oct-6-09.pdf,states in part:

"The Department of Justice identified scores of serious problems with theproposed settlement, which cannot be fixed with simple alterations to theagreement. Other stakeholders raised even more objections, which the partieshave largely ignored. In order to address these very real and very complexchallenges, negotiations on this issue must involve a broad range ofstakeholders in an open and transparent manner."

Joining the Open Book Alliance in calling on Google and its partners to openthe process in service of the public interest are leading library associationssuch as the New York Library Association, the Ohio Library Council, the NewJersey Library Association, and the Special Libraries Association; publisherssuch as the Council of Literary and Magazine Presses and Sarabande Books;writers' representatives such as the National Writers Union/UAW Local 1981;and many others concerned that Google will unfairly monopolize the massdigitization of books, raising prices for consumers and limiting access toimportant literary works.

The letter signatories universally support the goal of book digitization -making books searchable, readable and downloadable. They insist, however, thatGoogle and a few publishing groups not be permitted to be the sole controllersof this major cultural development, saying:

"Discussion and debate about the right way to digitize the world's writtenworks must proceed through a robust process that includes input from allstakeholders, including authors, libraries, independent publishers, consumeradvocates, state Attorneys General, the Justice Department, and Congress.""

http://www.reuters.com/article/pressRelease/idUS168494+06-Oct-2009+PRN20091006

Thursday, September 10, 2009

Open Book Alliance Releases 'Facts vs. Fiction About the Google Book Settlement'; Reuters, 9/10/09

Reuters; Open Book Alliance Releases 'Facts vs. Fiction About the Google Book Settlement':

Open Book Alliance Releases 'Facts vs. Fiction About the Google Book Settlement'; Urges House Judiciary Committee to Explore These Seven CrucialTopics

""There's been a lot of questions about the nature of this settlement, and, unfortunately, there remains some inaccurate information out there," said Peter Brantley, director, Internet Archive and co-chair of the Open Book Alliance. "We sincerely hope that today's hearing helps clarify some of the facts about the settlement, and we encourage the members of the House Judiciary Committee to explore these areas in its questioning of Google and its partners.""

http://www.reuters.com/article/pressRelease/idUS113129+10-Sep-2009+PRN20090910

Sunday, September 6, 2009

Tome raider; Economist, 9/3/09

Economist; Tome raider:

A fuss over the internet search firm’s effort to build a huge digital library

"PAUL COURANT, the dean of libraries at the University of Michigan, jokes that he also runs “an orphanage”. Among the books on his shelves are such seminal texts as “Blunder Out of China” and “The Appalachian Frontier: America’s First Surge Westward”, which are protected by copyrights belonging to people who cannot be found. Known as “orphan” books, such titles are one element of a controversial plan by Google, the world’s biggest internet company, to create a vast online library...

Opposition to the deal is brewing all around the world. On August 31st the German government filed a submission to the American court arguing that the agreement, which encompasses books by German authors published in the United States, would violate Germany’s copyright law. French publishers also claim the agreement will contravene laws in their homeland. They note that there are no plans for European representatives on the book-rights registry that would be set up under the deal to collect and distribute payments due to copyright owners. This has heightened suspicions that foreigners will be fleeced.

In Japan two noted writers have filed a complaint with local authorities about Google’s actions. Many American firms oppose the deal, including Microsoft and Yahoo!, two of Google’s big competitors, as well as Amazon, a big retailer of books in both paper and electronic form. Amazon argues that Congress, rather than Google and its allies, should decide how copyrights should be handled in the digital age.

Together with the Internet Archive, a non-profit organisation which runs a rival project to digitise libraries’ contents, these firms have formed a group called the Open Book Alliance to campaign against the agreement. A posting on the Alliance’s website claims that the agreement would create a monopoly in digital books that would inevitably lead to fewer choices and higher prices for consumers. Such complaints have attracted the attention of America’s Department of Justice, which is examining the agreement to see whether it is anti-competitive. It is due to send its findings to the court by September 18th."

http://www.economist.com/businessfinance/displaystory.cfm?story_id=14376406

Saturday, September 5, 2009

The Cookie Before Dinner; Open Book Aliance, 8/31/09

Peter Brantley via Open Book Alliance; The Cookie Before Dinner:

"Last Friday, I was fortunate to participate in an event on the Google Book settlement and the Future of Information Access. Hosted by the UC Berkeley School of Information, the event brought together a couple hundred academic, legal, and industry minds to discuss the promise and the pitfalls of the controversial settlement proposal between Google, the Authors’ Guild, and the Association of American Publishers.

My takeaway from the panels and hallway conversations is that the academic and scholarly community – among the parties who would be most affected by this settlement – are fairly critical of the settlement proposal in its current form.

Four issues in particular kept cropping up during the panels – the utility of the service that Google says it will deliver; the diminished competition that will occur as a result of the de facto exclusivity offered by the settlement; significant privacy issues that are yet unanswered by Google; and the quality of the books and their descriptive metadata that Google intends to offer.

On the last point, Geoff Nunberg from the School of Information gave what may have been the most interesting and entertaining presentation of the day, highlighting a sampling of the errors in Google’s book scanning efforts to date. In his words, “GBS (Google Book Settlement) metadata are awful.”

Media coverage of the event highlighted the point that many in the academic community seem to agree on – while the digitization of books can offer tremendous benefits to all, there are better, fairer ways to go about making that future a reality. We don’t have to grab the cookie that’s offered to us before dinner."

http://www.openbookalliance.org/2009/08/the-cookie-before-dinner/

Google books deal battle heats up; BBC News, 9/4/09

Maggie Shiels via BBC News; Google books deal battle heats up:

"The most vocal critics of the deal have largely banded together to form the Open Book Alliance. It was set up by the non-profit Internet Archive, which has its own book-scanning project and has to date digitised 500,000 books.

"Just as Gutenberg's invention of the printing press more than 700 years ago ushered in a new era of knowledge sharing, the mass digitisation of books promises to revolutionise how we read and discover books," said Peter Brantley of the alliance.

"But a digital library controlled by a single company and small group of publishers would inevitably lead to higher prices and subpar services for consumers, libraries, scholars and students."...

Many believe the issue of rights over out-of-print books would best be solved by legislation and not the courts.

"It is never a good thing for private parties to make deals for the public good," said Martin Manley, the founder of Alibris.com, an online store which sells used, rare and out-of-print books.
"The public good is meant to be solved by regulators who are somewhat accountable and by legislators who are wholly accountable," Mr Manley told BBC News."

http://news.bbc.co.uk/2/hi/technology/8237271.stm

Google Answers Critics with Books Privacy Policy; PC World, 9/4/09

Brennon Slattery via PC World; Google Answers Critics with Books Privacy Policy:

"Google has published a detailed privacy policy surrounding its Google Books settlement.

The policy comes at the behest of the FTC, which wondered what could happen when customers start downloading the millions of scanned books in Google's library. The FTC has "concerns about Google gaining access to vast amounts of consumer data regarding the books consumers search for, purchase, and read."...

Some of the highlights include:

Google will not force a user to log into a Google account when reading pages of books online, browsing through a university's subscription, or viewing through a public library terminal.
Buying a book will require logging in, but users can delete histories of books they have purchased, and credit card companies won't get buying histories.

In addition to specific privacy provisions required by the Books Settlement, every aspect is also beholden to Google's overarching privacy policy.

I imagine Google hopes that its preemptive policy launch will help silence critics, but after the onslaught of opposition from the likes of the Open Book Alliance, the German government, and Amazon, it looks as though the Google Books Settlement has a long, hard road ahead."

http://www.pcworld.com/article/171456/google_answers_critics_with_books_privacy_policy.html

Friday, August 28, 2009

Google Book Search? Try Google Library; CBS News, 8/27/09

CNet's Tom Krazit via CBS News; Google Book Search? Try Google Library:

Plan to Bring Millions of Books Online Raises Concerns over Privacy, Quality and Motive

"There's a sense among several of those planning to speak at Friday's conference that an Internet corporation--even one sworn to "do no evil"--does not necessarily share the same values and principles that librarians rabidly defend. And left unsaid, but by no means absent, is the growing scrutiny paid this year to Google's dominant position in the Internet search market and how that power squares with Google Books and the publishing industry...

Universities do have an alternative in the HathiTrust, a digital library project that counts UC Berkeley and the University of Michigan--also a close partner of Google's--among its partners. That service lacks the scope of what Google is potentially entitled to scan, but it curates the material in a fashion that's better suited to the needs of the academic community.

That's good, because at the moment, Google Book Search is almost laughably unusable for serious research, UC Berkeley's Nunberg said. For example, he pointed out that the Charles Dickens classic "A Tale of Two Cities" is listed in Google Book Search as having been published in 1800; Dickens was born in 1812.

Nunberg plans to speak out on the quality issues with Google Book Search, although he readily concedes that the product was not designed for the needs of academics and scholars. But that only underscores the point: if Google Book Search is the only way to obtain a digital copy of a book 100 years into the future, scholars will have to depend on it for research, he said...

"There's a lot of questions about how they will balance (their) mandate as a for-profit corporation and their mission to provide universal access to information," [ALA's Angela] Maycock said. If it really wants to make the controversy over this settlement go away, Google needs to embrace "the ethical framework that libraries operate under," she said."

http://www.cbsnews.com/stories/2009/08/27/tech/cnettechnews/main5269257.shtml

Friday, August 21, 2009

Google Rivals Will Oppose Book Settlement; New York Times, 8/21/09

Miguel Helft via New York Times; Google Rivals Will Oppose Book Settlement:

"Amazon, Microsoft and Yahoo are planning to join a coalition of nonprofit groups, individuals and library associations to oppose a proposed class-action settlement giving Google the rights to commercialize digital copies of millions of books...

Gary L. Reback, an antitrust lawyer in Silicon Valley, who is acting as counsel to the coalition, said that Amazon, Microsoft and Yahoo had all agreed to join the group, which is tentatively called the Open Book Alliance. The group, led by Mr. Reback and the Internet Archive, a nonprofit group that has been critical of the settlement, plans to make a case to the Justice Department that the arrangement is anticompetitive. Members of the alliance will most likely file objections with the court independently.

“This deal has enormous, far-reaching anticompetitive consequences that people are just beginning to wake up to,” said Mr. Reback, a lawyer with Carr & Ferrell, a firm in Palo Alto, Calif. In the 1990s, Mr. Reback helped persuade the Justice Department to file its landmark antitrust case against Microsoft.

Some library associations and groups representing authors are also planning to join the coalition, he said."

http://www.nytimes.com/2009/08/21/technology/internet/21google.html?scp=2&sq=google%20book%20search&st=cse