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.
2001 Nobel laureate in economics Joseph Stiglitz has a long history of being on the right side of history. For example: pricing the Iraq war at $3T; raising the alarm about sovereign wealth funds acquiring US debt; nailing the double-standard on bailouts for debt crises (and the way that this destabilizes poor countries); sounding the […]
In this 30 minute video, Harry Brignull rounds up his work on cataloging and unpicking “Dark Patterns,” (previously) the super-optimized techniques used by online services to lure their customers into taking actions they would not make otherwise and will later regret.
What to do if you’ve just signed up to work in one of the most expensive real-estate markets in the world, with almost all of your net worth tied up in illiquid shares in your employer’s company? Just ask a Silicon Valley bank for a 100% mortgage, which they’ll cheerfully supply on 24 hours’ notice, […]
Looks like all of your potential employers are hiring candidates with programming skills (which you don’t have). With all of the languages out there today, it’s tough to know where to start.With the Complete Front-End to Back-End Coding Bundle, you can beef your resume up in all the right places, no confusion necessary. This package of […]
Those of us who love music wish we could listen to it 24/7. But it’s impossible when we’re trying to converse with our friends, or when are swimming in the local pool.That is, until now. The KOAR Bone Conduction Bluetooth Headset, now 48% off, has changed the audio game.Made with lightweight titanium memory metal, this headset boasts patented bone conduction technology to transport sound […]
It’s one thing to enjoy dinner at home and a nice glass of Cabernet Sauvignon with your best friend, Netflix, but it’s another thing entirely to make that meal from scratch and get that wine delivered right to your doorstep.But what if we told you there’s a way to make this possible? To keep your social life, […]