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.
In the age of Internet, discussions about the federal government and its functions are informed by and rely on our unprecedented access to federal documents. Anyone can freely view public records online, such as proposed Congressional legislation and presidential executive orders. Accessing public court documents, however, is a bit trickier. As Katherine Mangu-Ward wrote for the Wall Street Journal in 2011, “no aspect of government remains more locked down than the secretive, hierarchical judicial branch.”
It’s not just that smart cars’ Android apps are sloppily designed and thus horribly insecure; they are also deliberately designed with extremely poor security choices: even if you factory-reset a car after it is sold as used, the original owner can still locate it, honk its horn, and unlock its doors.
Josh Jacobson is a Nintendo cartridge hacker who makes homebrew cartridges for games that were never released for NES/SNES, complete with label art and colored plastic cases that makes them look like they came from an alternate universe where (for example), there was a Nintendo version of Sonic the Hedgehog.
Python is immensely popular in the data science world for the same reason it is in most other areas of computing—it has highly readable syntax and is suitable for anything from short scripts to massive web services. One of its most exciting, newest applications, however, is in machine learning. You can dive into this booming […]
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