B.G. Sloan wrote:
> The library partners do not seem to have played even an advisory role in the settlement. And if they were involved, they didn't do a very good job because ALA, ARL, and ACRL feel obliged to file an amicus curiae brief in the case, on behalf of the library community.
>
One of the big difficulties with this settlement (and probably with any
class-action suit) is that all of the negotiation was done under NDA
(non-disclosure agreement). There WERE folks involved from the Google
partner libraries, but they can't talk about what was said or what
influence they had, because they are bound by secrecy. We don't know for
sure who they were, but we do know some names. All of the folks I've
either talked to or heard speak on the topic say that the settlement is
much better than it would have been (for libraries) without library
participation. Exactly what would have been isn't currently knowable. (I
don't know if the NDA expires at any point.)
I do think that one of the big issues that we have is that libraries do
not approach this settlement with any degree of unity. The participating
libraries obviously have made decisions that aren't available to the
rest of us, and will get benefits that other libraries will not get. The
participating libraries are not representative of libraries as a whole
(it's a handful and 1/2 of major research libraries). The public
libraries are feeling very worried about the access that they will get
and how they will manage it. (More about that in the various readings.)
It looks like school libraries don't get anything at all. Because of the
NDA, those negotiating for the library partners could not even discuss
the issues with their colleagues. Tom Leonard of UC Berkeley said that
this didn't follow the usual academic practice of discussion about major
resources and institutional decisions.
Some of the partner libraries are waxing VERY enthusiastic about the
settlement terms. I think an interesting question is how someone like
ARL can file an amicus brief and balance the interests of those few very
key academic libraries and the rest of their membership.
kc
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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
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Received on Tue Mar 03 2009 - 14:54:05 EST