Conférence "D is for Digitize"/ Google Book Search: tweets choisis #gbs
La conférence D is for Digitize a commencé depuis jeudi à la New York Law School et doit se terminer aujourd’hui.
On y parle du Règlement Google Book Search, au travers de tables rondes réunissant des spécialistes américains et étrangers.
Plusieurs participants (@oitp, @CopyrightLibn, @ochlocracylaw …) nous tiennent informés en direct des débats en envoyant des extraits et des impressions sur Twitter, que l’on peut retrouver grâce au hashtag #disfordigitize.
Morceaux choisis (c’est un peu fastidieux à lire, je vous l’accorde, mais quand même passionnant !)
oitp Grimmelmann welcomes everyone, reiterates mantra of NYLS: “Learn law, take action” #disfordigitize #gbs
stevenjayl #disfordigitize First comment [Par James Grimmelmann]: I’ve been studying the settlement for a year and still don’t know more than I do know about it.
- Premier Panel : “L is for Lawsuit”
oitp first panel “L is for Lawsuit” featuring Cynthia Arato, Jonathan Band, Kiran Raj, mod. Richard Chused #disfordigitize #gbs
oitp Arato: some saw agreement as more of a broad commercial transaction rather than a true settlement #disfordigitize #gbs
oitp Band: DOJ filing was game changer #disfordigitize #gbs
CopyrightLibn lawsuit was “is snippet view fair use?”; settlement goes far beyond. Band read DOJ as suggesting scale it back to that. #disfordigitize
susandanziger Was “bizarre” that DOJ was so concerned about foreign rights holders. #disfordigitize
MJHealy Jonathan Band at #disfordigitize - virtually no US publishers filed objections to the settlement.
CopyrightLibn Band: foreign publ’rs objected more - possibly b/c kind of weirded out by US class action system. #disfordigitize
oitp Arato: for U.S. works to be included in settlement, they have to be registered; not so for foreign works #disfordigitize #gbs
oitp Raj: in revised settlement, parties need to hash out opt-in vs. opt-out; settlement 1.0 used opt-out #disfordigitize #gbs
oitp Arato: when you have opt-out, you get wide participation; when you have opt-in, you don’t; how does this affect $? #disfordigitize #gbs
susandanziger Big question is if settlement is paired down, will Google make same financial commitment to Book Rights Registry, etc. #disfordigitize
oitp Band: more than 95% of books bought by U.S. research libraries are academic books, not bestsellers; need rep. on board #disfordigitize #gbs
CopyrightLibn Chused: stlmt is being renegot w/out reps for some major interests. Arato: that’ll come up in adequacy determ, thru DOJ #disfordigitize
oitp Q from @stevenjayl: Is it impossible for competitor to get same terms as Google w/o litigation? #disfordigitize #gbs
mblafkin Jonathan Band essentially said the barriers to entry so high that the competition issue could be relatively moot. #disfordigitize
oitp Band: could have opt-in for consumer purchase; but institutional subscription would need opt-out for it to be useful #disfordigitize #gbs
CopyrightLibn Q on legal strategy of copying and inviting suit. Chused: closest model = Napster (which failed). #disfordigitize
susandanziger Was rights holders’ suggestion for Google to expand beyond snippets of books to entire books — not Google’s #disfordigitize
CopyrightLibn Band: Major one-time transaction cost = how to set up the mkt for digital books - in US and overseas. But law is territorial #disfordigitize
- Deuxième Panel “I is for industry”
oitp “I is for Industry” with Michael Cairns, Dan Clancy, Andrew DeVore, Michael Healy, Victor Perlman, mod. Steven Hetcher #disfordigitize #gbs
stevenjayl #disfordigitize How many orphaned books are there: Michael Cairns says it’s 580,388. So there.
robinsloan Q: How many books published in the U.S., 1920-2000? Unique works — diff editions don’t count. A: ~2.5 million. #disfordigitize
CopyrightLibn RT @oitp Cairns estimates gross number of orphan books: 580,388 #disfordigitize | omits ephem/unpub/etc, I think. Tho those aren’t in #GBS
oitp DeVore: settlement would give Google treasure trove of information to create new products #disfordigitize #gbs
oitp Healy: 2/3 of book industry revenues are generated by publishers making over $50M each year, but long tail growing #disfordigitize #gbs
oitp Healy: only 4% of book revenues last year came from scholarly sector, even though they most implicated by settlement #disfordigitize #gbs
oitp Perlman representing photographers’ groups: for photographers, “I is for Invisible”; they are left out of settlement #disfordigitize #gbs
oitp Perlman: RE: images stripped from books: What good is an illustrated book without illustrations? #disfordigitize #gbs
oitp Clancy: approx. 97% of book market is for in-print books #disfordigitize #gbs
library_breath Clancy: digital distribution cost goes to zero; cost of clearing rights is up up #disfordigitize #gbs http://bit.ly/12eFiw
CopyrightLibn Clancy: #GBS will _not_ be fndn of dig bk mkt; deals w/3% (out-of-print) of the mkt. #disfordigitize
oitp Q: Could data collected so far in rightsholders signing up/opting out of settlement help to inform orphan books stats? #disfordigitize #gbs
- Troisième panel : “K is for keynotes”
oitp “K is for Keynote” discussion with Paul Courant, Pam Samuelson, moderated by Grimmelmann #disfordigitize #gbs
oitp Courant: Settlement raised the possibility that academic works would be broadly available to all; is this still true? #disfordigitize #gbs
robinsloan “We have to do it through class action because Congress is broken.” GOOG rationale for books settlement. Wow! #disfordigitize
CopyrightLibn Samuelson: one concern is charging printing fees in libs back to BRR. This is a cession of a quite-possibly-fair use. #disfordigitize
oitp Courant: benefits of access to large collection for scholars and general public is good; risks manageable #disfordigitize #gbs
oitp Samuelson: bc out of print book market is small today does not mean it will remain small; GOOG thinks they r valuable #disfordigitize #gbs
oitp Courant: We need to help willing academics lead in putting their books into public domain #disfordigitize #gbs
stevenjayl #disfordigitize Will the Google book repository sold to libararies have ads? Google says, maybe, if institutions want it cheap. hmm.
TechLaw_Elman Prof Pamela Samuelson: If you create a public good this large, you have public responsibilities. #disfordigitize #gbs
- Quatrième panel : “C is for Culture”
oitp Murrell: Why is access to 100% of out-of-print books such an outrageous desire? #disfordigitize #gbs
TheSarahBellum @robinsloan: “Books not just containers for facts. #gbs does not say much abt books as cultural tools” http://bit.ly/8qrzy #disfordigitize
CopyrightLibn spkr @robinsloan: if GBS shows future of books “maybe our imagination for books will fade” #disfordigitize
oitp Duguid criticizing GOOG on cataloging and metadata of Google Book Search product #disfordigitize #gbs
TheSarahBellum Duguid comparing G.Bks and ProjectGutenberg re: indexing and cataloging. G was expected to do a better job…it hasn’t #gbs #disfordigitize
CopyrightLibn Duguid illustrates GB errors, says technologists should listen “just a little bit more to librarians and scholars. #disfordigitize
mblafkin Duiguid’s concerns seem based on Google’s philosophy. Not “do no evil” but “automate everything, accuracy is secondary” #disfordigitize
TheSarahBellum “I don’t care how apologetic you are, if you’ve deleted 1984 from my kindle, you’ve done some great harm.” —Reetz #gbs #disfordigitize
CopyrightLibn Commenter: G will fix a lot b/c it’d be interesting. But any proj as big as GoogBks should be a open project; #GBS won’t be. #disfordigitize
- Cinquième Panel : “P is for Public”
oitp Cohn: #EFF founded on tenet “architecture is policy”; need to architect privacy into settlement, not bolt on afterwards #disfordigitize #gbs
oitp Cohn: authors want people to read their books; people won’t read if someone looking over shoulder—econ. incentive #disfordigitize #gbs
TheSarahBellum Cohn: We need a digital equivalent of hiding a book under your bed, buying a book with cash, etc. #disfordigitize
oitp Cohn: GOOG reticent to say “Come back with a warrant” when gov asks for reader info #disfordigitize #gbs
oitp Danielsen: I like books. I like carrying a big braille book in my hand. I don’t like carrying a backpack full of them. #disfordigitize #gbs
CopyrightLibn Danielsen: Accessibility of e-bks to ppl who can’t read print is pivotal; no commercial provider is making them accessible #disfordigitize
oitp Danielsen: Settlement provides for substantially similar user experience for disabled users as nondisabled #disfordigitize #gbs
TheSarahBellum “Blind people are willing to pay for books, but they must be books that we can read.” —Chris Danielsen, NFB. #disfordigitize
oitp Mtima: Why didn’t Library of Congress come out two decades ago with an idea for comprehensive digital library? #disfordigitize #gbs
CopyrightLibn Russell: libn love-hate rel w/#GBS. Diff principles from parties involved in negotiations; but pragmatically, it’d help! #disfordigitize
oitp Russell: Licensing is bane of librarian existence…Settlement proposes renting the books libraries already bought? #disfordigitize #gbs
oitp Russell: Licensing can circumvent traditional legal and library exemptions #disfordigitize #gbs
CopyrightLibn Russell: Public domain (which could be restricted thru GBS) is “something that lives inside all the books” #disfordigitize | lovely image!
oitp Russell: Settlement could affect funding for other digitization initiatives #disfordigitize #gbs
oitp Russell: Libraries could’ve gotten together 10 years ago to collaborate and scan at least public domain, but didn’t #disfordigitize #gbs
CopyrightLibn Russell: Cong sees Goog as having stepped in to solve the orphan work prob. #disfordigitize | so many orphans NOT in Goog corpus
TheSarahBellum Cohn: By digitizing, are we creating culture that better enables censorship? Amazon/1984 example: ebook was simply deleted. #disfordigitize
oitp Hirtle: are we demanding more privacy from Google than we do with other 3rd parties, e.g. OCLC privacy policy? #disfordigitize #gbs
ochlocracylaw finally addressing amazon issue: ‘model more dangerous than google’? #disfordigitize
- Sixième Panel : “O is for Orphans”
oitp “O is for Orphans” panel with Bernard Lang, Harry Lewis, Jule Sigall, Michele Woods, Katherina de la Durantaye #disfordigitize #gbs
oitp Woods from Copyright Office: Settlement does not define orphan works or treat them as a separate subset #disfordigitize #gbs
oitp Woods: Congress has been close to passing orphan works legislation twice in past 5 years #disfordigitize #gbs
oitp Lang: A national registry is incompatible with the “no formalities” requirement of Berne Convention #disfordigitize #gbs
oitp Harry Lewis: inclusion of orphans in the settlement is like growing crops on abandoned land #disfordigitize #gbs
TechLaw_Elman jule Sigall: Google gets a de facto exclusive license under lots of Orphan Works thru the class action settlement. #disfordigitize #gbs
TechLaw_Elman Jule Sigall: Orphan Works is at the top of the list of copyright issues Congress is interested in. #disfordigitize #gbs
TechLaw_Elman de la Durantaye: Google Books suit is spurring international harmonization of the Orphan Works problem. #disfordigitize #gbs
TechLaw_Elman de la Durantaye: Europeana digital database is limited. Mostly pub domain works, mostly from France, not multinat’l. #disfordigitize #gbs
TechLaw_Elman B Lang: The Google Settlement is not consistent with int’l law of No Formalities req. What if registry in eachcountry? #disfordigitize #gbs
TechLaw_Elman Encourage University Presses to put their list of orphan works into public domain. #disfordigitize #gbs
TechLaw_Elman Jules Sigall: Is the Authors Guild & AAP committed to a solution thru Orphan Works legisln? Probably not. #disfordigitize #gbs
- Septième panel : “A is for Antitrust”
oitp “A is for Antitrust” panel with Matt Schruers, Sherwin Siy, Einer Elhauge, Gary Reback, mod. Christopher Suarez #disfordigitize #gbs
TechLaw_Elman Sherwin Siy, Public Knowledge: How many authors wd opt in to alternative lic’g scheme? Google gets de facto monopoly. #disfordigitize #gbs
oitp Siy: opt-out corpus available to GOOG much bigger than any opt-in collection available to competitors #disfordigitize #gbs
mblafkin Defending GBS: “An orphan work is not valuable, thus collection of all orphan works must be valueless.” Network theory ? #disfordigitize
TechLaw_Elman S Siy: The unique Corpus of books available to Google becomes a separate “product” in institutional subscription mkt. #disfordigitize #gbs
oitp Elhauge: We need to ask: Does settlement lower consumer welfare from what it would without a settlement? #disfordigitize #gbs
TechLaw_Elman E Elhauge: U can’t ban a settlement tht benefits the public interest because an alternative wd benefit the public more #disfordigitize #gbs
TheSarahBellum RT @oitp: Siy: is GBS circumventing law, like a waste co. signing deal w/ city to continue dumping while competitors can’t? #disfordigitize
oitp Elhauge: w/o settlement, many out-of-copyright books won’t be offered by GOOG or rivals bc transaction costs and risks #disfordigitize #gbs
EC i am very suspicious of the price-setting algoritm. #disfordigitize
footage RT @CopyrightLibn: if GBS stops orph wks legis sol’ns what abt nonbook orph wks? [like ~ 300,000 orph nontheat films] #disfordigitize
footage RT @CopyrightLibn: if GBS stops orph wks legis sol’ns what abt nonbook orph wks? [like ~ 300,000 orph nontheat films] #disfordigitize
oitp Reback: GOOG is already a monopolist in search; we need to be concerned about incremental increases in market share #disfordigitize #gbs
TechLaw_Elman Reback: Where’s Fair Use in the case? Sense of betrayal by public agst Google to fail to litigate Fair Use. #disfordigitize #gbs
