Antitrust Chronicle Special Issue on the Decision

By [Thursday, June 23rd, 2011] at 11:51 am

The CPI Antitrust Chronicle has a new issue mostly devoted to the Google Books decision. Although the full text of the six articles is only available to subscribers, here are the titles and abstracts:

Timothy Brennan, Revise or Start Anew? Pondering the Google Books Rejection

Why the objectors to Google in the settlement need not be on the side of competition.

Isabel Davies and Holly Strube, Online Distribution of Copyright Works: Judge Chin Rejects Google Books Settlement

Multinational co-operation will not be easily achieved, but this process must begin without delay.

Gina Durham, The Google Book Settlement & the Uncertain Future of Copyright

The rejection of the Amended Settlement for the Google Book Project underscores the frustrated dichotomy between old laws and new media.

Ian Forrester, Google Books: Game and Set to the Sceptics; the Match Continues

The judgment is interesting, easy to read, rich in the voices of ordinary people, and very severe.

Mark Giangrande, The Rejection of the Amended Google Book Settlement Agreement: A Librarian’s Perspective

The point that often seems secondary, the actual content of the scanned books, is, from a librarian’s perspective, very important.

Randal Picker, After Google Book Search: Rebooting the Digital Library

We should want the ecosystem containing digital libraries to be rich and teeming.

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Posted in Analysis

Pamela Samuelson: Overcoming Copyright Obstacles in a Post-Google Book Settlement World

By [Monday, June 20th, 2011] at 7:56 pm

Professor Samuelson has written prolifically about the settlement and its significance for larger debates about the copyright system. Her new guest post for the Center for Democracy and Technology, Overcoming Copyright Obstacles in a Post-Google Book Settlement World, provides an overview of the state of affairs after Judge Chin’s opinion, including a short and succinct version of the arguments she develops at length in her forthcoming article Legislative Alternatives to the Google Book Settlement. Here is her conclusion:

Many, even if not all, of the social benefits that would have flowed from approval of the GBS settlement can be achieved in other ways. Some reforms can perhaps be done through private ordering (e.g., professors making their books available on an open access basis), some through fair use (e.g., scanning to index contents), and some through legislation. We should not let the failure of the GBS settlement stand in the way of finding new ways to make cultural heritage more widely available.

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Google Books Affiliate Program Launches

By [Monday, June 20th, 2011] at 7:51 pm

Google has integrated Google Books into its other affiliate advertising programs. Here is the official blog post announcement.

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Posted in News

GW Roundtable on June 15

By [Sunday, June 5th, 2011] at 11:56 pm

George Washington University Law School will hold a roundtable on June 15 with the provocative title. “Can the Google Book Settlement Be Fixed?: A Roundtable Discussion Among Experts”:

This conference will explore what options are available to the parties that would retain the principal benefits of the rejected deal, but might satisfy the judge and some of the objectors. After an initial presentation of options, a moderator will pose questions to the discussants, who are experts in the three main areas where the judge identified problems: copyright, class actions, and antitrust.

The event is free, but reservations are required.

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Next Status Conference Scheduled for July 19

By [Wednesday, June 1st, 2011] at 4:46 pm

Today’s status conference lasted five minutes. The parties requested more time to discuss their options, and Judge Chin agreed, scheduling the next status conference for Tuesday, July 19, at 10:00 AM.

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New Video on What Next?

By [Wednesday, May 25th, 2011] at 11:26 pm

On behalf of the Public Index, I’m happy to announce the start of a new video series. We’ll be posting videos that feature analysis, commentary, and interviews on the Google Books case and on the future of e-books. We’ll be posting them here at the Public Index and to our new Vimeo channel.

The first installment, What Next for Google Books?, is an 80-minute discussion between myself and noted digital copyright experts and longtime settlement followers Jonathan Band and Kenneth Crews. We discuss Google’s scanning project, the lawsuit against it by copyright owners, the proposed settlement and the controversy around it, Judge Chin’s opinion rejecting the settlement, possible next steps for the parties, and some of the larger issues raised by the case. It’s a self-contained overview of how the settlement got to where it is now and what might happen next, designed to be informative no matter how little or how much you already know about the case.

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Posted in Commentary

Samuelson on Legislative Alternatives

By [Sunday, April 24th, 2011] at 1:47 pm

Pamela Samuelson has posted a draft of her new paper, Legislative Alternatives to the Google Book Settlement. It provides her version of a roadmap for what Congress should do to preserve the good elements of the now-rejected settlement while replacing the bad.

Also likely to be of interest is her recent lecture, Why the Google Book Settlement Failed – And What Comes Next?, which is also available in MP3 and PDF slides.

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Posted in Analysis

Status Conference Delayed

By [Friday, April 15th, 2011] at 3:51 pm

The parties have requested, and Judge Chin has ordered, that the status conference be moved back to June 1 at 4:00 PM. The letter provides no indication of the reason for the five-week delay.

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Posted in Filings

Further Discussion of the Settlement

By [Sunday, April 3rd, 2011] at 12:57 pm

Jonathan Band has written a must-read guide to the opinion, A Guide for the Perplexed Part IV. It is detailed and accessible, and should be the first choice of anyone seeking to understand the opinion.

I give a ten-minute overview of the opinion in an interview for Bloomberg Law, and wrote a blog post for the American Constitution Society.

Ryan Singel at Wired has a decidedly negative take on the opinion: To the Whingers Go the Spoils.

Robert Darnton uses the opinion to reiterate his call for a national digital library in pieces for the New York Review of Books and the New York Times.

There’s lots more out there (check our news pages and my Twitter stream), but these analyses are the ones that struck me as most likely to be helpful for the lay reader.

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Posted in Analysis

First Analyses of the Opinion

By [Tuesday, March 22nd, 2011] at 11:59 pm

We have posted a collection of articles reporting on Judge Chin’s opinion to the News page and will be adding more as they appear.

I have posted my individual analysis of the opinion to my personal blog. Kenneth Crews has posted his own shorter summary of the opinion. We will, of course, be adding links to more analysis as it comes in.

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Posted in News