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.
Rolls Royce just arranged for a “deferred prosecution” with UK prosecutors over revelations that it had committed jailable offenses by bribing overseas officials in order to secure their business; under this arrangement, prosecutors have allowed Rolls Royce to pay to have the prosecution halted and to have their executives immunized from criminal repercussions for their […]
The “nonpology” is a corporate standard: a company does something terrible, and then it tells you it’s sorry that you found its behaviour upsetting. But HP’s October 2016 public statement on its secret, aftermarket attack on its customers’ property has made important advances in the field of nopologyology.
In a new paper in Progress, Oxford economist Vuk Vukovic argues that the key to re-election in local politics is to be just corrupt enough: giving lucrative contracts and other benefits to special interests who’ll fund your next campaign, but not so much that the people refuse to vote for you.
Whether I’m trying to relieve some stress at work or entertain myself on the metro, Space Putty is there. You can bring this magical goo home and try it for yourself for just $9.99Like Silly Putty of yesteryear, this viscoelastic substance can be molded into different shapes and stretched around in your hands. Use it […]
You know as well as I that writing complex, long-long form text requires significant organization. You’re probably also well aware that Word just isn’t up to the task. That’s why I’m a huge fan of Scrivener, the software suite used by best-selling authors and technical writers alike.Scrivener is much more than another digital typewriter. With a […]
Looking to upgrade your weekend? Here are three randomly awesome products on my mind this week.#3 FRESHeBUDS Pro Magnetic Bluetooth EarbudsAs more and more phones and gadgets switch to Bluetooth-only compatibility, you’ll need to get Bluetooth headphones like the rest of us. I’ve been super impressed with these affordable magnetic headphones. Pull the magnetic earbuds apart to auto-connect […]