 Amazon is fighting in federal court to overturn Google's settlement with book publishers that allowed Google Books to survive. If it can kill Google Books it will gain ground in the digital book sales market. However, if this happens many orphan works will no longer be available, and people with disabilities won't have as easy access to many works. (Source: Faulkner University)
One of the largest internet retailers is coming out swinging against Google's book archiving
Google's ambition was simple -- offer a
first-of-its-kind internet library, where people could travel online
to view everything from textbooks to great works of fiction. It
began scanning books and quickly met with the ire of the publishing
industry. However, it brokered a multi-million dollar
settlement with publishers that would include compensation for rights
holders and means for visitors to buy
the books they were viewing, with Google retaining a cut.
The
deal wasn't popular with Google's competitors -- Amazon, Microsoft,
and Yahoo. These competitors recently shacked up with the Open
Books Alliance, a group that was opposed to basically all things
Google Books related. The group is taking its complaints to
federal court, challenging
the legality of the settlement.
Yesterday, Amazon filed a
particularly stinging
criticism at the U.S. District Court for the Southern District of
New York. Writes Amazon, "Amazon also brings a unique
perspective to this court because it has engaged in a book scanning
project very similar to Google's, with one major distinction: As to
books still subject to copyright protection, Amazon has only scanned
those for which it could obtain permission to do so from the
copyright holder."
"[The Google Books deal] is
unfair to authors, publishers, and others whose works would be the
subject of a compulsory license for the life of the copyright in
favor of Google and the newly created Book Rights Registry.
[It] represents an unprecedented rewriting of copyright law through
judicial action."
Google does have some powerful
supporters as well. Sony,
the American Association for People with Disabilities, and the
European Commission have all filed legal briefs in support of the
settlement.
These groups support the site for a variety
of reasons. First, it provides orphan works, which are
currently unpublished and otherwise would be made unavailable.
It is estimated that over half the books published in the last
century have become orphaned. The site also provides easier
access for people with disabilities such as impaired vision or
impaired movement, which otherwise would have trouble getting access
to these books or getting them in a form they could use.
Paul
Aiken, executive director of The Authors Guild, one of the groups
that settled with Google says that Amazon's criticism is
self-centered. He says they want to make Kindle the primary
source of digital books. He states,
"Amazon apparently fears Google could upend its plans."
Google
is essentially fighting for the service's life. If federal
courts overturn the settlement, Google's online library would likely
become prohibitively expensive, and it would likely be forced to
abandon the project for the time being. Microsoft, Amazon, and
Yahoo wouldn't be terribly sad to see this happen.
Google and
its supporters from civil rights groups and advocates for people with
disabilities will be holding a press conference later this afternoon
in defense of the settlement. We'll post an update then.
"We don't know how to make a $500 computer that's not a piece of junk." -- Apple CEO Steve Jobs
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