Sunday, February 26, 2012

Judge Nixes Google book deal.(INFO NEWS)(Brief article)

A U.S. judge rejected a deal between Google and several authors and publishers to digitally copy millions of books and put them online, though he left open the possibility of approving an agreement that would allow book owners to opt in to Google's library rather than be required to quit it.

Circuit Judge Denny Chin said the creation of a universal library would "simply go too far" because it would give Google "a significant advantage over competitors, rewarding it for engaging in wholesale copying of copyrighted works without permission." He also objected to Google being granted access to out-of-print books whose writers could not be located, saying it would give the company "a de facto monopoly over unclaimed works."

Chin admitted that the deal offered many benefits to society, noting that it would provide libraries, schools, researchers and disadvantaged populations with access to many more books, especially older books and those out of print. He also said it would help authors and publishers find new audiences and new sources of income.

The Open Book Alliance, of which SLA is a member, called the ruling "a victory for the public interest and for competition in the literary and Internet ecosystems." The group was joined in opposition by consumer watchdogs, academic experts, literary agents and even foreign governments.

The court decision stems from a 2004 agreement between Google and several major research libraries to digitally copy books and other writings in their collections. In response, several authors and publishers filed suit after Google failed to obtain copyright permission to scan the books. The groups reached a deal in 2008 to settle the claims, but the U.S. Justice Department concluded that it probably violated antitrust law and could decrease competition among U.S. publishers and drive up prices for consumers if Google gained a monopoly on out-of-print books.

For more information, see SLA's Public Policy Connections.

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