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Jonathan Band Jonathan Band PLLC
Library Association Concerns with the Google Book Settlement
www.policybandwidth.com
Jonathan Band PLLCTechnology Law and Policy
Library Association Comments
On the one hand…
• Google can continue scanning books into its search index.
• For most books (in-copyright, out-of-print), users can see up to 20% of a book for free, rather than just three snippets.
• Users can get free access to full text through public access service terminals.
• Consumers can purchase access to out-of-print books for relatively low cost.
• Institutions can purchase access to full text of millions of books.
• Scholars can perform non-consumptive research on Research Corpus.
• Participating libraries receive digital copies of their collections.
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www.policybandwidth.com
Jonathan Band PLLCTechnology Law and Policy
Library Association Comments
On the other hand…
• There will be no competition for this “essential facility.”
• Publishers, other search engines will not be able to compete: enormous lead, market share, copyright barrier to entry.
• Pricing of institutional subscriptions could be too high.
• Undermine library values of equity of access, privacy, and intellectual freedom.
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www.policybandwidth.com
Jonathan Band PLLCTechnology Law and Policy
Library Association Comments
• Google and the BRR will set the price of the institutional subscription.
• Objectives in pricing: realization of revenue at market rates; realization of broad access to books.
• Parameters for pricing include pricing of “similar products and services.”
• Pricing will be based on full-time equivalent (FTE) users.
• Pricing can vary based on category: corporate; higher-ed; K-12; government; public library (only higher-ed can have remote access).
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www.policybandwidth.com
Jonathan Band PLLCTechnology Law and Policy
Library Association Comments
• If Google and BRR can’t agree on pricing, arbitrator will decide.
• BRR might seek to emulate online journal subscription model of high price, limited access.
• Average research library spends $4.3 million annually for access to 30,000 journal titles; what if arbitrator decides that this is a “comparable product”? See ARL Statistics 2006-2007 50-51 (2008).
• Pricing review in Michigan agreement: available only to Google partners, who might not have financial incentive; refund limited to Google’s share (37% of price).
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www.policybandwidth.com
Jonathan Band PLLCTechnology Law and Policy
Library Association Comments
Solution?
• Not asking for court to reject settlement
• Instead, asking court to closely supervise interpretation and implementation of settlement
• Libraries must have ability to challenge pricing of institutional subscriptions.
• Diversity of representation on BRR.
• Users must be able to learn privacy policies, list of excluded books.
• Companies must be able to challenge BRR’s refusal to license.
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