I admit it. I'm naive. Someone please explain this to me as though I were 12 years old. In simple terms.
Here's what confuses me: The Justice Dept. has confirmed that it has issued formal "requests for information" about the recently-signed settlement between Google Books and groups representing publishers and authors.
A Request For Information is just what it sounds like -- a preliminary steps to collect the facts before deciding if any action is needed. But taking that step means that DOJ has decided there is enough merit to the concerns that it should spend money investigating the issue. In a letter to a federal judge reviewing the settlement, deputy assistant attorney general Bill Cavanaugh said that DOJ has "determined that the issues raised by the proposed settlement warrant further inquiry."
OK, pretend I'm 12. Here's what I know.
Since the time they were graduate students at Stanford University, Larry Page and Sergey Brin have dreamed of making every book ever written available to anyone who wants it. Pay for it if the copyright holder is around to get paid, offer it for free if no one seems to own the property any more. Cool. It's kind of like the Great Library at Alexandria, an attempt to collect, preserve and make available every book ever written.
So in 2002, they started Google Print, later renamed Google Book Search. They hired engineers to design and build robots that could turn the delicate pages of ancient books, scan each page, and put the books into a searchable database. They agreed to pay to scan books in some big libraries so that anybody in the world could read them, not just those with a local library card or access to the special books section. Also cool.
French libraries complained that all the books were from English-language libraries. Google was being biased against the French masterworks. OK, Google started adding other languages. Problem solved.
Then Google went to book publishers. Google would digitize books in print, make excerpts (as short or as long as publishers and authors wanted) available online with links to places to buy the books. Sounds like Amazon, except that Google doesn't make any money from it, unless you run ads along with the book search results. No prob.
Then it went to book authors. If your publisher can't be bothered, send Google your book, get it digitized, and use the snippets to sell it through Amazon or another retailer. No brainer.
But what about books no longer under copyright, or long out-of-print books that haven't sold a single copy in decades? In most cases, nobody knows who owns the copyright if it exists. Google could make it available online, like a library book, unless a copyright holder comes forward and says no. Then he or she would get the same deal.
Whoa, wait a minute. Make the author do some work -- notify Google -- in order to protect a work that nobody is going to read otherwise and has certainly not made any money in years?
Now this is where I get confused. I co-authored a book about investment banker Thom Weisel seven years ago. I think it sold about 100 copies. It will never make me any money. You want to buy it?
Go ahead. Amazon will make some money. My publisher will get a little revenue. Thom will get some free publicity. I'll never make another dime off it. Like 90 percent of all published books, it will never sell enough to cover the advance I already got from my publisher.
As far as I'm concerned, Google can distribute a billion copies around the world for free. My publisher probably wouldn't like it, though.
In fact, no publisher does. The Authors Guild, the Association of American Publishers and others complained. Google should find out whether every library book it digitizes is still under copyright. If so, it should find out who owns the copyright, contact that person and get permission and set up a way for the rights holder to get paid. A few hundred million dollars ought to cover the cost.
They didn't just complain, they sued.
It's a good thing they didn't hold up public libraries to the same standards.
So Google reached a settlement. It would put up $125 million to pay authors and publishers for the rights to digitize and make their books available. The money would come from ads Google sells alongside the book search results. Google would also create a nonprofit Books Rights Registry to try and locate the rightw owners, maintain a database, and make sure they get paid.
Here's an
explanation of the settlemet from the New York Times for those of you with a reading comprehension level above that of a 12 year old.
OK, everybody happy now?
No. Harvard professor Robert Darnton
doesn't like it because Google has backed off on the goal of providing books for free, like a library. Now libraries will have to pay a fee for access to the copyrighted and orphan books. Suddenly, Google is selling access to books. It could compete with Amazon. Jeff Bezos doesn't like it either.
Google was forced to take this approach by the book publishers. It's perfectly happy making money by selling ads. It's a non-exclusive deal, so if Jeff Bezos wants to do the same thing, he's free to set up his own organization.
But now DOJ is investigating whether this deal turns Google into a monopoly book seller. And google thought that the deal was a no-brainer, one that everyone could easily accept. And I think that the folks of Google have a higher IQ than most 12-year-olds.
I just don't get it. I want people to have access to every book ever written. Larry and Sergey want people to have access to every book ever written. It turns out to be a tough thing to accomplish unless you're a pharaoh building a library in ancient Egypt. What's an alleged search engine monopoly supposed to do?
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