Opinion: Google Book Search Settlement
The issues that Google Books present have been cause for contention between authors, artists, publishers, Google, the Justice Department, and other interested parties since its introduction to the public as Google Print at the Frankfurt Book Fair in 2004. When a user searches for a term on Google.com, it is known in the industry as a “keyword.” Google displays up to three book results in which that keyword or phrase appears. Alternatively, a user may directly enter Google’s Book Search by going to http://books.google.com/ and receive only results from within relevant books per search. There, Google’s advertising (paid search results) appears similarly to the Google Web Search results page. That is one form of monetary value Google will receive from Google Book Search as it currently exists.
When the search results come up for the books in which a user’s search term appears, the user may choose to see the pages in which those search terms, or keywords, appear. While Google calls the pages for view “limited” so as not to destroy the value of purchasing the book, one could argue that the value of purchase is diminished by providing multiple page access to user-specified content. Much like Pandora Internet radio is not allowed to play songs on-demand, one might argue that Google Books could provide books in which one’s interests appear, but not provide the specific page (like a song) on-demand.
Along with the results by book in which the user’s search term appears, Google also provides links by which users may purchase the select books. By knowing that one’s specific keyword/s appear within the book (and see how many times and to what effect that keyword is used in context), one may be more likely to go ahead and purchase that book online right then and there. Prior to Google Books or Amazon Preview, the reader was arguably more likely to wait and go in-person to the physical bookstore to flip through to book to ensure the purchase is needed and applicable to one’s specific interests. Thus, Google Book Search is potentially providing many additional purchases for online book retailers such as Amazon, Barnes & Noble, Books-a-Million, etc.
Another potential benefit from Google Book Search is for readers to uncover the “unexpected” from their searches. For example, I just typed in “Bookstore” within the Google Book search-bar. I was expecting to see certain types of books given my recent research into this topic of Google and the online bookstore. However, to my surprise (and delight), there was a result for “The Mystery Bookstore” – a book from the Boxcar Children series, which was a favorite of my youth. I re-realized my joy for those books and my heart took extreme pleasure in reliving a memory from days of carefree reading divorced from goals or studies. That experience is priceless. But could I have just walked into the “juvenile” or “children’s” section of a local physical bookstore and gotten the same result? Perhaps that could happen, although highly unlikely personally. Now, I’ve clicked through the link and am excited to purchase the box sets, garnering previously untapped additional revenue for either Amazon or Barnes and Noble. That is a valuable experience both for the reader (emotionally) and the publisher/seller (financially).
So, then, what is the problem with Google Book Search? Sure, Google makes some money from the ads, but they deserve it for providing such a service, don’t they?
Well, Harvard saw a problem with their practices and so do I. Harvard renounced their deal with Google back in 2008 even after Google “agreed” to pay out over 125 million dollars to publishers and authors because the “Do No Harm” Google had been illegally scanning and digitizing works still in copyright. Google would continue to scan in-copyright works and that is where one big issue lies: copyright.
Google planned to continue digitizing books still in copyright even after the Association of American Publishers (representing over 300 publishing houses) sued Google over massive copyright infringement.
PROFIT: “Do No Harm” Google has been misleading us for quite a while. Ever since its conception, Google’s founders have been working on a “Library Project,” an attempt to create one enormous digital library of all information, including books (copyright or not). What’s the profit benefit? Selling subscriptions to actual physical libraries – both public and academic. Who will regulate Google’s fees? I say, the courts should mandate free academic and public library access to Google Books’ subscription model. If private, for-profit institutions (not excluding academic institutions) want a subscription, they should be able to pay a fair fee for access to unlimited content akin to academic institutions.
But then what about Joe Consumer – who will regulate how much Google charges for a copy of an orphaned work (a work whose author cannot be located) that is otherwise out of print? If Google ‘owns’ the only copy, what prevents the Giant from selling it at exorbitant cost?
I believe that is what we traditionally call a monopoly here in the United States:
A situation in which a single company owns all or nearly all of the market for a given type of product or service. This would happen in the case that there is a barrier to entry into the industry that allows the single company to operate without competition (for example, vast economies of scale, barriers to entry, or governmental regulation). In such an industry structure, the producer will often produce a volume that is less than the amount which would maximize social welfare.[1]
That brings us to the third problematic legal issue with Google Book Search. Right now, there is a huge (HUGE!) barrier to entry in this industry of total book digitization. The amount of money Google has invested up to this point is astronomical and even Microsoft gave up trying to compete in the Book Search industry due to the complex copyright issues. If Google Book Search Settlement is approved as-is, Google will get a “Get out of Jail Free Card” in this game of Monopoly in that they will be unaccountable for any copyright suits brought forth from previously scanned books to date. Since no other companies are even close to Google right now in terms of widespread book digitization, no other company could also be “grandfathered in” at the same time as Google. Instead, if another company were to viably compete with Google, that company would face prosecution for violating copyright law.
My recommendation would be to amend the current proposed settlement from as it now stands due to issues of copyright infringement and monopolistic advantage. In addition, as Doug Newcomb wrote in the SLA Public Policy Connections blog, “Along with excitement about the good that could arise from the settlement (see Google Book Search Will Expand Access), there are also fears that it could compromise basic library values such as equal access to information, privacy, and intellectual freedom.” (Hane, P.)
I would recommend that the Settlement change to protect other companies with the same rights as Google has for scanning works. If there are authors who come forward with copyright concerns in the future, competing companies should receive the same free pass Google now has when it comes to not being sued. However, all companies should be forced to take down content which authors do not see appropriately ‘fair use.’
In addition, the Settlement should also include free subscriptions for all educational facilities and public libraries. Thus, schools would be enhanced by Google’s work and all persons would have equal access to that information. That would assuage fears I have, and others have expressed as well, such as Pam Samuelson, UC Berkeley Professor of Law. She said “Libraries everywhere are terrified that Google will engage in price-gouging when setting prices for institutional subscriptions to ‘the works.’”[2]
In addition, what needs to be changed is the legalities involved with the proposed Book Rights Registry (BRR). Right now, the Settlement would give Google unfair advantage because the deal only grants Google an involuntary “virtual compulsory” license to the works within the BRR whereas future potential competitors are left out in the cold. This needs to be changed to include a statute stating that competitors also get whatever license Google has, and if copyright owners object, Google’s digital copies get taken away as well. The orphan books are a huge factor, as earlier mentioned, and make up an estimated 70% of all books. The orphaned works, whose owners cannot show up to license competitors, should not be privileged to Google alone, but given to every digital publisher in the marketplace.
With these amendments made, I would recommend a further review prior to approval, but would be comfortable giving the go-ahead to settle with those changes made. Hopefully the Honorable Judge Denny Chin will have similar insight into the matter and demand such fairness is written into the Settlement prior to approval.
[1] http://www.investorwords.com/3112/monopoly.html
[2] Samuelson, P. (October 2009) “Google Books is not a Library” Huffington Post http://www.huffingtonpost.com/pamela-samuelson/google-books-is-not-a-lib_b_317518.html
Sources:
Drummond, D. (October 2009) “New Chapter for Google Book Search” Google Blog http://googleblog.blogspot.com/2008/10/new-chapter-for-google-book-search.html
Duffy, G. (March 2005). “Google’s Cookie and Hacking Google Print”. Kuro5hin.
http://www.kuro5hin.org/story/2005/3/7/95844/59875
Dye, J. (2006). Scanning the Stacks: The Digital Rights Issues Behind Book Digitization Projects. ECONTENT -WILTON-. 29 (1), 32-37.
Investor Words- definitions for business terms- here for “Monopoly” http://www.investorwords.com/3112/monopoly.html
Hall, G. (2008) Digitize This Book! The Politics of New Media, or Why We Need Open Access Now. Minneapolis: University of Minnesota Press.
Hane, P. (July 2009) “Update on the Google Book Settlement” InfoToday
http://newsbreaks.infotoday.com/Spotlight/Update-on-the-Google-Book-Settlement-54998.asp
Howard, J. (2009). Authors and Colleges Choose Up Sides to Love or Hate the Google Books Deal. Chronicle of Higher Education, 56(5), A12. From EBSCO
Mirviss, L. (October 2008). “Harvard-Google Online Book Deal at Risk” http://www.thecrimson.com/article/2008/10/30/harvard-google-online-book-deal-at-risk/
Singel, R. (November 16, 2009). Google Submits Second Proposal for Library of the Future. Wired. Retrieved from Wired.com
Timmer, J. (October 28, 2008). Google Settles with Book Publishers, Becomes Bookseller. ARS Technica. Retrieved from ARSTechnica.com
United States Department of Justice. (September 18, 2009). Justice Department Submits Views on Proposed Google Book Search Settlement. Retrieved from Justice.gov
Waters, R. (April 29, 2009). US Justice Department examining Google Books Settlement. Financial Times. Retrieved from FT.com
