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.
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.
Ireland offered Apple huge tax breaks, but didn’t give other companies the same deal. The European Commission concluded this was illegal and the company must pay up the €13bn it would otherwise have owed in taxes. The Commission said “selective treatment” allowed Apple to pay tax rate of 1% on European Union profits in 2003 […]
Legalist is a startup founded by Thiel Fellow Eva Shang and Christian Haigh, backed by Y Combinator: it will use data-mining to identify people who have been legally wronged by deep-pocketed aggressors and offer to finance their litigation in return for a share of the winnings.
The new Ikea Catalog is making a big bet on very small living spaces — the kind of place that costs more than half your monthly salary but is too small for a dinner-table, let alone a separate room for your kids, who are supposed to sleep in a bunk-bed in the living room (“Why […]
If you’re like us, packing and unpacking are two of your least favorite aspects of traveling. Specifically with multi-destination trips, our suitcases usually end in wrinkled clothing, toothpaste stains, and a misplaced deodorant.The good news is that we’ve found a suitcase that eliminates the disastrous effects of packing and unpacking: The Rolo Travel Bag ($42.99). You essentially use it […]
Finding quality icons is a challenge for designers, and can also get pretty costly if you use them often. And when you’ve got a lot to do, the last thing you want to spend your time on is creating new icons from scratch That’s why we recommend using the Noun Project ($49). Noun Project is a site […]
While Netflix and Hulu have seemingly dominated the streaming market with their limited selections, we’ve looked a little outside the box and found something pretty great as an alternative. SelectTV combines all the content of cable with the convenience of streaming, and it’s affordable too.SelectTV is an online subscription service that packs an impressive library of over […]