What had been a simple case of copyright infringement blew up recently with allegations of general unfairness and explicit lawbreaking in Google’s search to create the largest library in the history of the world. The ire seethes from bibliophiles the world over. Here’s a snippet of the parties and their concerns.
In 2004, Google decided it would give a great gift to humanity by scanning the collections of university libraries around the world, which would then be viewed through Google’s online domain. Initially, Google planned to take all the books ever created and offer them through their service.
The Authors Guild
In 2005, The Authors Guild filed a complaint that Google was engaging in massive copyright infringement. They filed through the United States District Court, Southern District of New York. Their issue centered largely on Google’s interpretation of “orphan works.” Google can easily provide the full text of out of print material, under what’s known as fair use provisions in copyright law. They exist in the public domain. Orphan works are more complicated. They are out of print, but still covered by copyright law. In the instance of orphan works, either the publishing house or the author cannot be found. Tracking down one or the other party is usually impossible, and so Google argued that these works fell under fair use as well. However, these works do not exist in the public domain. The Authors Guild primarily wants to ensure Google makes due payments to those parties still eligible to benefit from the work.
Department of Justice
The Department of Justice involvement came as a preemptive strike. Most of the concern rests in the idea that Google’splan will give them so deep a presence in the emerging digital content market that no one will be able to compete. The obvious loser in this instance would be online text providers like Amazon, who might not be able to gain footing in the new market due to Google’s branding. This may well show the future of antitrust law, in which the government stops digital providers short of overtaking a quickly emerging market.
Germany
Frankfurt, Germany hosted the world’s largest book fair, in October. It was then that Google set up a kiosk and explained their goals to the international community. Their reception was less than friendly. Google’s project is global, and Europe at least has copyright and antitrust laws. Google may have to wrangle through those laws, as it has been doing in the United States, before their vision will be complete.
Is it fair to stop a business but for a projection of antitrust violations? Due to the global nature of the burgeoning knowledge economy, in what arena might Google best come to terms with their opponents?
Posted by Tyler on November 16, 2009 at 3:40 pm.
