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Community => News => Topic started by: stephendare on December 02, 2009, 02:38:35 PM

Title: Google Books Decision to have profound effect on world.
Post by: stephendare on December 02, 2009, 02:38:35 PM
http://www.huffingtonpost.com/2009/12/02/google-and-the-new-digita_n_376587.html

Robert Darnton
The New York Review of Books

November 9 is one of those strange dates haunted by history. On November 9, 1989, the Berlin Wall fell, signaling the collapse of the Soviet empire. The Nazis organized Kristallnacht on November 9, 1938, beginning their all-out campaign against Jews. On November 9, 1923, Hitler's Beer Hall Putsch was crushed in Munich, and on November 9, 1918, Kaiser Wilhelm II abdicated and Germany was declared a republic. The date especially hovers over the history of Germany, but it marks great events in other countries as well: the Meiji Restoration in Japan, November 9, 1867; Bonaparte's coup effectively ending the French Revolution, November 9, 1799; and the first sighting of land by the Pilgrims on the Mayflower, November 9, 1620.

On November 9, 2009, in the district court for the Southern District of New York, the Authors Guild and the Association of American Publishers were scheduled to file a settlement to resolve their suit against Google for alleged breach of copyright in its program to digitize millions of books from research libraries and to make them available, for a fee, online. Not comparable to the fall of the Berlin Wall, you might say. True, but for several months, all eyes in the world of books--authors, publishers, librarians, and a great many readers--were trained on the court and its judge, Denny Chin, because this seemingly small-scale squabble over copyright looked likely to determine the digital future for all of us.

Google has by now digitized some ten million books. On what terms will it make those texts available to readers? That is the question before Judge Chin. If he construes the case narrowly, according to precedents in class-action suits, he could conclude that none of the parties had been slighted. That decision would remove all obstacles to Google's attempt to transform its digitizing of texts into the largest library and book-selling business the world has ever known. If Judge Chin were to take a broad view of the case, the settlement could be modified in ways that would protect the public against potential abuses of Google's monopolistic power.

That Google's enterprise (Google Book Search, or GBS) threatened to become an overweening monopoly became clear when the Department of Justice filed a memorandum with the court warning about the likelihood of a violation of antitrust legislation. More than four hundred other memorandums and amicus briefs also provided warnings about mounting opposition to GBS. In the face of this opposition, Google and the plaintiffs petitioned the court to delay a hearing that was scheduled for October 17 so that they could rework the settlement. Judge Chin set November 9 as the deadline when the new version of the settlement would be unveiled.

The great event turned out to be a dud, however. At the last minute, Google and the plaintiffs asked Judge Chin to grant another extension. He gave them four more days, so the witching hour finally took place not on November 9 but on a less auspicious date, Friday the 13th.

Why did the deadline look so monumental? The terms of the settlement will have a profound effect on the book industry for the foreseeable future. On the positive side, Google will make it possible for consumers to purchase access to millions of copyrighted books currently in print, and to read them on hand-held devices or computer screens, with payment going to authors and publishers as well as Google. Many millions more--books covered by copyright but out of print, at least seven million in all, including untold millions of "orphans" whose rightsholders have not been identified--will be available through subscriptions paid for by institutions such as universities. The database, along with books in the public domain that Google has already digitized, will constitute a gigantic digital library, and it will grow over time so that someday it could be larger than the Library of Congress (which now contains over 21 million catalogued books). By paying a moderate subscription fee, libraries, colleges, and educational institutions of all kinds could have instant access to a whole world of learning and literature.

But will the price be moderate? The negative arguments stress the danger that monopolies tend to charge monopoly prices. Equally important, they warn that Google's dominance of access to books will reinforce its power over access to other kinds of information, raising concerns about privacy (Google may be able to aggregate data about your reading, e-mail, consumption, housing, travel, employment, and many other activities). The same dominance also raises questions about both competition (the class-action character of the suit could make it impossible for another entrepreneur to digitize orphan works, because only Google will be protected from litigation by rightsholders) and commitment to the public good. As a commercial enterprise, Google's first duty is to provide a profit for its shareholders, and the settlement leaves no room for representation of libraries, readers, or the public in general.
Title: Re: Google Books Decision to have profound effect on world.
Post by: Dog Walker on December 02, 2009, 05:49:04 PM
Google books is not a monopoly.  There is nothing to stop anyone else from digitizing the same books that Google has.  Ford has a monopoly on Ford, not on automobiles.  Monopolies can only exist by force of law or accidents of geography.  The US has a monopoly on natural helium sources for example.

What Google did was to have more imagination, more guts and willingness to spend money backing both.  They just got ahead of everybody else.  Microsoft or any government in the world could have done and could still do what Google has done so it is not a monopoly.  Being first and best should not be punished.
Title: Re: Google Books Decision to have profound effect on world.
Post by: Sportmotor on December 02, 2009, 06:17:19 PM
I love google.

MAKES FINDING PORN FASTER!!!! >:3
Title: Re: Google Books Decision to have profound effect on world.
Post by: Reaper man on December 03, 2009, 05:13:50 AM
Quote from: Sportmotor on December 02, 2009, 06:17:19 PM
I love google.

MAKES FINDING PORN FASTER!!!! >:3

eh, once you've found a couple of favs, google isn't really needed anymore.