Fred von Lohmann, the chief copyright counsel at the Electronic Frontier Foundation, has been doing an amazing job of analyzing the latest draft of the Google Book Search settlement, really making the legalese clear for the rest of us. In the latest installment, Fred looks at the competition implications of the settlement, and talks about how the settlement could be structured to make the marketplace as competitive as possible.
Nobody likes this "only-for-Google" aspect of the settlement--in fact, Google has said that it would support orphan works legislation that would empower the Registry to make the same deal (or even a better deal) with others who want to use these unclaimed works. (Where the claimed books are concerned, in contrast, the Registry will likely ask the rightsholders to appoint it to license companies other than Google. But that still leaves all the unclaimed books out.) The settlement agreement even has a provision that makes it clear that the UWF can license others "to the extent permitted by applicable law"--what amounts to an "insert orphan works legislation here" invitation.
Google Books Settlement 2.0: Evaluating Competition
But absent some legislative supplement to the revised Settlement 2.0, it still seems that any other company would have to scan these books, get sued, and hope for a class action settlement. That, of course, is the kind of barrier to entry that any monopolist would envy.
...But we shouldn't be satisfied with antitrust law here. This is not just a simple market transaction between commercial entities. Google is building an enormously important public resource, a task it can only undertake with the blessing of a federal court. The public deserves a solution that is not "barely legal," but that instead encourages real, robust competition. As written, without some modification or legislative adjunct, Settlement 2.0 does not do that.
Earlier this month, I gave the afternoon keynote at the Internet Archive’s Decentralized Web Summit, and my talk was about how the people who founded the web with the idea of having an open, decentralized system ended up building a system that is increasingly monopolized by a few companies — and how we can prevent the same things from happening next time.
Corrections Corporation of America (CCA) is one of the world’s largest private jailers; it runs prisons and immigration detention centers across the USA (and is diversifying into halfway houses, mental health center, and surveillance for poor neighborhoods). Mother Jones’s Shane Bauer went undercover at CCA’s Winn Prison in Louisiana, the state with the highest incarceration […]
Steven Levy is in characteristic excellent form in a long piece on Medium about the internal vogue for machine learning at Google; drawing on the contacts he made with In the Plex, his must-read 2012 biography of the company, Levy paints a picture of a company that’s being utterly remade around newly ascendant machine learning […]
Some people say magic tricks are nerdy and best left to your 12-year-old asthmatic cousin. But others see value in perfecting the slight of hand and showmanship associated with a perfectly executed routine. We’re firmly in the latter camp. And now, we’re giving you the ability to put a few parlor tricks up your sleeve with the Penguin […]
Bluetooth speakers may be convenient to use, but many of them just aren’t that powerful. Sure, it may be fine if you’re seated in front of the speaker. But move across the room, and you may strain to hear what’s coming from those tiny drivers.There’s a reason why the G-BOOM Wireless Bluetooth Boombox (now $79.99 in the Boing […]
If you’re working to build your web programming knowledge, you know you have a lot of ground to cover. With literally dozens of languages, platforms and environments available to coders, mastering all those technologies can be a daunting task.Up-and-coming coders can start learning some of the most fundamental programming study areas with this Web Hacker course bundle – and […]