Google's Book Settlement Has Many Critics in the US and EU

No surprise that dozens of filings were made in opposition to the proposed settlement of the lawsuit between the Google and the Authors Guild and Association of American Publishers which was filed in “2005 by the authors and publishers against Google over its plan to digitize millions of books from libraries without authorization from rights holders.” Although Google has received the support of Sony, civil rights groups, and antitrust experts, there were notable opponents to the settlement including “individuals, rival companies like Amazon and Microsoft, advocacy organizations, groups representing authors and publishers and even some foreign governments.”

EU Opposition of Google’s Settlement

Many voices in the EU complained at a hearing that the proposed settlement would give Google more power to exclusive rights to sell million of out-of-print works even though the copyrights are still valid. Not much of a surprise that Microsoft is backing the anti-Google settlement groups in the EU. Many groups in the EU feel that since they did not participate in the settlement that they were discriminated against.

What’s Next in the Lawsuit?

Federal District Judge Denny Chin must now sort through the filings to try to determine if the proposed settlement properly protects the authors, or else the case may continue on to trial. Among other issues for Judge Chin to consider are antitrust concerns that Google’s control over these works would give Google too much market power. There are many antitrust issues on the horizon for Google it seems with many opponents, not just with books but more broadly in the entire space known as eCommerce. Stay tuned as we see Google and eCommerce evolve.
 

1984 or 2009? - Seems Like George Orwell Just Missed the Year

When Amazon remotely deleted George Orwell’s 1984 from the Kindle reading devices last week I’m sure that George Orwell rolled over in his grave. Orwell’s novel written in 1949 predicted that Big Brother’s censors would erase anything that the government found objectionable by sending down a “memory hole.” I’m happy to report that my paperback copy that I read in junior high school is still on my library shelf!

What Happened? 

When Amazon discovered that its source of the Orwell’s 1984 and Animal Farm did not have the rights to the books, Amazon remotely deleted copies from the Kindles. This got some headlines and irritated many, but since Amazon did not have the right to distribute the books it did the next best thing, it deleted copies. 

 Where Are We Going With This? 

The Free Software Foundation is soliciting support from many sources (including librarians, publishers and major authors and public intellectuals) to present a petition to Amazon asking that Amazon reconsider its use of software called digital rights management (DRM). DRM is software that restricts the use of copies and devices so for instance the version of 1984 that Amazon distributed could only be viewed on a Kindle and Amazon could delete copies. This runs against the grain of the Copyright Act’s "first sale doctrine" that permits a purchaser of a copyrighted book to sell that copy, but not make other copies. Many individuals are concerned about users of copyrighted materials are losing their rights guaranteed under the Copyright Act. It also seems that George Orwell’s predictions may have come true, not necessarily in 1984, but in 2009.