Google Books, AAP Lawsuit, and Transparency

From: Karen Coyle <lists_at_nyob>
Date: Tue, 3 Mar 2009 06:57:40 -0800
To: NGC4LIB_at_LISTSERV.ND.EDU
Since Google Books comes up frequently in our conversations here, I 
thought I would make sure that this group is aware of the potential 
transformation of GBS into a monopoly product controlling book 
digitization. It's hard to define in a few words, but in June a judge 
will decide if Google -- and Google only -- gets a free pass on 
digitizing out of print/in copyright books without violating copyright. 
Google will then license those books to users and institutions. As Paul 
Courant said in his blog post "The Google Settlement - From the 
Universal Library to the Universal Bookstore":

"As the product develops, academic libraries will be able to license not 
only their own digitized works but everyone else’s."
http://paulcourant.net/2008/10/28/the-google-settlement-from-the-universal-library-to-the-universal-bookstore/

Yes, the participating libraries, those whose works are being digitized, 
will "be able to license... their own digitized works" from Google for 
full viewing. The full viewing is good news, the control over this by 
Google much less so. Libraries cannot let anyone look at their own 
digital copies, but they must license it from Google.

There are lots of problems, not the least of which is transparency. We 
know very little about what Google offers in GBS. We didn't even know 
how many books it had digitized until the number showed up in the pages 
of the settlement agreement (7 million). We don't know (and have no 
control over) what order retrieved books are delivered in, how indexing 
is done, what metadata Google has, etc. etc. Google can decide to 
exclude any works it wants, for "editorial reasons." And it's not clear 
that a list of excluded works will be public. It sets prices, as agreed 
on by the authors and publishers. It determines functionality, although 
some functionality is already limited in the lawsuit (e.g. public 
libraries cannot provide remote access, only in-library access, to the 
service; all books remain on Google's servers, even those purchased by 
individuals; libraries cannot purchase books, only subscribe to the 
service).

I've been at two all-day meetings about this lawsuit, I've read most of 
the 140 pages + 13 appendices, and I'm still not at all sure what the 
shape of this thing is. I only know that it's huge, and we need to be 
paying attention.

The ALA Washington Office is watching this. http://wo.ala.org/gbs/. The 
listing of blog posts about it (which is probably the most digestible 
information): http://wo.ala.org/gbs/articles-blog-posts-links/. My blog 
posts on it, including the talk I gave at ALA Denver: 
http://kcoyle.blogspot.com/search/label/googlebooks

kc

-- 
-----------------------------------
Karen Coyle / Digital Library Consultant
kcoyle@kcoyle.net http://www.kcoyle.net
ph.: 510-540-7596   skype: kcoylenet
fx.: 510-848-3913
mo.: 510-435-8234
------------------------------------
Received on Tue Mar 03 2009 - 09:58:33 EST