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. “Given the dominance of Google over the digital book market, it would no doubt take more advantageous terms to allow another smaller competitor to enter the market,” wrote Consumer Watchdog’s John Simpson. The letter also argued that the settlement protects Google, but not potential competitors, against claims related to orphan works if the rights-holder should ultimately be found.
ALA, in conjunction with the Association for Research Libraries and ALA’s Association of College and Research Libraries, plans to file an amicus brief with the court about the settlement. ALA Washington Office Senior Lobbyist Corey Williams told American Libraries, “We are not outright opposing the proposed settlement agreement,” but that there are several concerns, including equitable access to the Book Rights Registry, pricing, privacy, and intellectual freedom.
The proposed settlement grants public libraries the right to one terminal that can access the full registry at no charge. “We’ve got folks coming to libraries in record numbers,” Williams said, so many libraries will find managing access to a single terminal difficult. Also, while college libraries get one terminal per 10,000 full-time-equivalent students, school libraries are not included in the agreement at all. For additional access, Google has not yet set pricing for the registry, which Williams said raises another point of concern, particularly if a lack of competition raises prices to inaccessible levels.
Williams noted that since authors can opt out of having their works included, the registry could prove to be a fluid product where materials could disappear at any time. In addition, she said, “Google has not defined how they will protect reader privacy” in an environment where the firm could know not just what books users read, but also which pages and how much time they spent on each page.
Despite these concerns, Williams said that ALA supports digitization efforts generally, and that the proposed settlement does improve access to materials over what is currently available. (In addition to library access, Google will display up to 20% of a book’s text to any user at no charge.) Williams said ALA, ARL, and ACRL are working on a white paper for librarians on the issue, to be available in late May or June. ALA’s Washington Office has also gathered together resources on the settlement.
Posted on April 15, 2009. Discuss.