November 17, 2009

GoogleBS "revision" drawing criticism from around the world; not likely to pass muster with DOJ

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With a day to digest the revised edition of the Google Book Settlement deal, a Wall Street Journal report by Jessica E. Vascellaro and Jeffrey A. Trachtenberg says “it appears likely the fight over the agreement will continue.”

The biggest sticking point, as noted in yesterday’s MobyLives report, is “whether it is fair for the settlement to let Google distribute books whose legal rights owners haven’t been identified “known as orphan works …. People familiar with the matter say the Justice Department remains concerned that the fact the settlement gives Google immunity from lawsuits related to orphan works may be anticompetitive.”

Gary Reback, an antitrust lawyer who co-founded the Open Book Alliance, a GoogleBS protest group that includes Amazon and Microsoft, tells the Journal, “I don’t see how this fixes anything about orphans.” In a Washington Post report, Reback is quoted as saying that Google and its partners in the deal, the Authors Guild and the Association of American Publishers “are attempting to distract people from their continued efforts to establish a monopoly over digital content access and distribution.”

But team Google “felt it was beyond the scope of their class-action suit to devise a solution for licensing all orphan works, and they continue to believe Congress should resolve the issue,” says the Journal report.

Meanwhile, a report at the Daily Online Examiner notes that civil liberties groups are upset by the revision because it would still allow Google — a private company — to “amass at least as much in-depth information about users’ reading habits as libraries.”

Complaints have started pouring in from around the world to boot — Germany, at first angered to have been included without consultation, are now angry to have been dropped altogether from the deal, according to a report from Monsters and Critics. In fact, Europe is “split” over the deal, says this BBC News wire story. The Writers Union of Canada has come out against the deal, says a Quill & Quire report. And New Zealanders are wondering why they were not included in a deal that included every other English-speaking country, according to this Radio New Zealand report.

And on it goes.

So what’s next? According to the Wall Street Journal, the Justice Department “is expected to file its reaction to the modified agreement by early next year.” From there, “U.S. District Judge Denny Chin in New York is … expected to this week lay out a timetable for parties to object to the changes and set a hearing date.”

Dennis Johnson is the founder of MobyLives, and the co-founder and co-publisher of Melville House.

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