Google Book Case Essay

Custom Student Mr. Teacher ENG 1001-04 8 September 2016

Google Book Case

Ancient Ages The Royal Library of Alexandria, or Ancient Library of Alexandria, in Egypt, was one of the largest and most significant libraries of the ancient world. The Library is famous for having been burned, resulting in the loss of many scrolls and books, and has become a symbol of “knowledge and culture destroyed“. A single piece of writing might occupy several scrolls, and this division into self-contained “books” was a major aspect of editorial work. King Ptolemy II Philadelphus (309–246 BC) is said to have set 500,000 scrolls as an objective for the library.

[17] Mark Antony supposedly gaveCleopatra over 200,000 scrolls (taken from the great Library of Pergamum) for the library as a wedding gift Ancient Ages Egyptian Papyrus After extracting the marrow from the stems, a series of steps (humidification, pressing, drying, gluing, and cutting), produced media of variable quality, the best being used for sacred writing. Dresden Codex The only currently deciphered complete writing system in the Americas is the Maya scroll.

The Maya, along withseveral other cultures in Mesoamerica, constructed concertina-style books written on Amatl paper. Nearly all Mayan texts were destroyed by the Spanish during colonization on cultural and religious grounds. One of the few surviving examples is the Dresden Codex. A Chinese Bamboo Book Writing on bone, shells, wood and silk existed in China long before the 2nd century BC.

Paper was invented in China around the 1st century AD. 3 4 Middle Ages “At the end of the Middle Ages, in a small town in the Rhine Valley, an unassuming metalworker tinkered with a rickety wine press, metal alloys and oil-based ink.

The result of his labors was an invention that took the world’s information and made it exponentially more accessible and useful. ” Google Corporate Website on Johannes Gutenberg1 Handwritten notes by Christopher Columbus on the Latin edition of Marco Polo’s Le livre des merveilles. Modern Ages Among a series of developments that occurred in the 1990s, the spread of digital multimedia, which encodes texts, images, animations, and sounds in a unique and simple form was notable for the book publishing industry. Hypertext further improved access to information. Finally, the internet lowered production and distribution costs.

An electronic book (variously: e-book, eBook, ebook, digital book, or even e-edition) is a book-length publication in digital form, consisting of text, images, or both, and produced on, published through, and readable on computers or other electronic devices. “Modern Book Printing” sculpture, showing a pile of modern codex books. First printed book in Georgian was published in Rome, in 1629 by Niceforo Isbachi 5 6 1 10/7/2013 No. of Books in History Technological Advancement US-published print book manifestations, by publication date (1900-2008)* 7 8 General Statistics Market Share & Penetration

9 10 What happen in the U. S. Book Market E-Book Adoption by World’s Regions 11 12 2 10/7/2013 How reader discover books? E-Book vs Print-Book 13 14 Battle among the best Battle among the best 15 16 A Visual Look at “ There is nothing more fun than doing that work” 17 18 3 10/7/2013 Mission & Goal A Visual Look at A Visual Look at Google’s mission is to “organize the world’s information and make it universally accessible and useful. ” In order to accomplish this goal, Google stresses two main ideals: (a) always focus on the user and (b) there is always more information out there.

“bring all the world’s information to users seeking answers. ” In the interest of the user, Google aims to 19 20 Ethical Commitment A Visual Look at A Visual Look at Google’s basic ethical commitments were famously captured in its early This motto, which frames Google’s Code of motto: Conduct – and looking clearly over its shoulder at Microsoft – stands for its “recognition that everything we do in connection with our work at Google will be, and should be, measured against the highest possible standards of ethical business conduct. ” “Don’t be evil. ” 21 22 Where it all begins … In 2002, Larry Page start this question.

Where it all begins … “How long it would take to scan every book in the world” ? After conducting their experiment, Page and team decided to travel the country to understand how existing digitization projects worked and how Google could use its technology to improve these efforts. To answer the question, Page and his team experimented on a 300-page book with a high-resolution camera and a musical metronome “We took the pictures to the beat of the metronome so he wouldn’t be taking pictures of my thumbs. ”

University of Michigan, the most precise estimation for scanning UM’s university library (7 million volumes) was 1,000 years. million books. 24 By 2010 Google had scanned more than 12 23 4 10/7/2013 The Partner Program The Partner Program works with authors and publishers to form a technological database of physically represented knowledge and to transfer this knowledge into a new digital format for use by future generations.

In the users’ interest, each book added is one closer to Google’s overarching goal: The Library Project The Library Project Google has continued working with major libraries to include their volumes in Google Books. The Library Project serves users the same way a card catalog would.

The Library Project functions as a tool to connect readers to relevant texts, many of which are out of copyright and would otherwise be impossible to find. Jo Guldi, a University of California (UC) doctoral candidate, proclaims, “This is huge. ” She explains that UC’s partnership with Google Book Search allows scholars, students, and faculty to search through UC Library’s 5 million books online rather than having to laboriously search through 28 miles of universal access to organized information that is not partial or mutated.

The Gulf War Chronicles, after entered into Google Book Search, sales ranking jumped on the Barnes & Nobles index by 85%. 25 shelves. 26 The Library Project The Library Project As the director of one of the dozens of libraries around the world partnering with Google, Harvard University Library’s Sidney Verba believes the Library The Library Project The Case Study Advancement of Mankind Authors’ Inspiration & Business Ethics Project is an undertaking actively capturing the potential of the future: The new century presents important new opportunities for libraries, including Harvard’s, and for those individuals who use them.

The collaboration between major research libraries and Google will create an important public good of benefit to students, teachers, scholars, and readers everywhere. The project harnesses the power of the Internet to allow users to identify books of interest with a precision and at a speed previously unimaginable. The user will then be guided to find books in local libraries or to purchase them from publishers and book vendors. And, for books in the public domain, there will be even broader access. Public Libraries, Universities Authors.

Individuals Publishers Liberating or Appropriating 27 28 Discussion Who is harmed by Google’s Print Library program? Make a list of harmed groups, and for each group, try to devise a solution that would eliminate or lessen the harm. Discussion1 The Library Project Authors Guild Class Action Suit The Authors Guild is America’s “oldest and largest professional society of published authors, representing more than 8,000 writers. ” Its stated purpose is to “advocate for and support the copyright and contractual interests of published writers.

” The Guild lobbies on the “national and local levels on behalf of all authors on issues such as copyright, taxation, and freedom of expression,” and intervenes in publishing disputes. 29 30 5 10/7/2013 Discussion1 The Library Project Authors Guild Class Action Suit Discussion1 The Library Project Not only AG, Not only Google It accused Google of “unauthorized scanning and copying of books through its Google Library program” By reproducing for itself a copy of those works that are not in the public domain, Google is engaging in a massive copyright infringement.

It has infringed, and continues to infringe, the electronic rights of the copyrighted holders of those works . . . Google has announced plans to reproduce the Works for use on its web site in order to attract visitors to its web sites and generate advertising revenue. the American Authors Guild, the Australian Society of Authors and the Quebec Union of Writers filed a lawsuit on September 12 against five major universities working with Google on their Google books project.

As reported in the New York Time, the lawsuit asserts that “by digitizing, archiving, copying and now publishing the copyrighted works without the authorization of those works’ rights holders, the universities are engaging in one of the largest infringements in history. ” The lawsuit is against Google and HathiTrust The Guild claimed the display of these books online resulted in “depreciation in the value and ability to license and sell the Works, lost profits and/or opportunities, and 31 damage to their goodwill and reputation.

” HathiTrust is a large-scale collaborative repository of digital content from research libraries including content digitized via the Google Books project and Internet Archive digitization initiatives, as well as content digitized locally by libraries. 32 Discussion1 The Library Project Not only AG, Not only Google The authors are seeking to “impound” approximately 7 Discussion1 The Library Project The LCA Strikes Back million copyrightprotected books that they claim were illegally scanned by Google and handed.

over to HathiTrust, a partnership that includes over 50 research institutions and libraries. HathiTrust, which includes institutions such as MIT, Harvard and Johns Hopkins is currently compiling their own digitized library that includes many books to which the authors still hold rights to, according to the Authors’ Guild. In addition to HathiTrust, their suit takes aim specifically at the University of Michigan where HathiTrust is based, the University of California, the University of Wisconson, Indiana University and Cornell University.

The Library Copyright Alliance (LCA) consists of three major library associations — the American Library Association, the Association of Research Libraries, and the Association of College and Research Libraries. The purpose of the LCA is to work toward a unified voice and common strategy for the library community in responding to and developing proposals to amend national and international copyright law and policy for the digital environment. The LCA’s mission is to foster global access and fair use of information for creativity, research, and education. 33 34 Discussion1 The Library Project The LCA Strikes Back Discussion1.

The Library Project The LCA Strikes Back Two days after the lawsuit was filed the Library Copyright Alliance condemned AG “The case has no merit, and completely disregards the rights of libraries and their users under the law, especially fair use,” The “fair use” that the LCA is referring to is a legal doctrine that allows the reproduction of copyrighted material under certain circumstances. Even the US Copyright Office admits that “the distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission.

” How the fair use is defined? 35 36 6 10/7/2013 Discussion1 The Library Project American Association of Publishers Lawsuit Discussion1 The Library Project American Association of Publishers Lawsuit The publishing industry is united behind this lawsuit against Google and united in the fight to defend their rights. While authors and publishers know how useful Google’s search engine can be and think the Print Library could be an excellent resource, the bottom line is that under its current plan Google is seeking to make millions of dollars by freeloading on the talent and property of authors and publishers.

According to an AAP press release, the suit was filed on behalf of five major publisher members of AAP The Association of American Publishers (AAP) is the national trade association of the U. S. book publishing industry, with over 300 members. These include “major commercial publishers, as well as smaller and non-profit publishers, university presses, and scholarly societies. The AAP mission is “the protection of intellectual property rights in all media, the defense of the freedom to read and the freedom to publish at home and abroad, and the promotion of reading and literacy. ” 37 38 Discussion1.

The Library Project How did Google respond? Discussion1 The Library Project Google’s Definition of “Fair Use” Google further supported its “Fair Use” argument by asserting the exact premise of the Supreme Court explanation in a precedent case. In a section of Google’s Books Search website titled, “What’s the Issue? ,” Google defended its stance: Google Print is an historic effort to make millions of books easier for people to find and buy. Creating an easy to use index of books is fair use under copyright law and supports the purpose of copyright: to increase the awareness and sales of books directly benefiting copyright holders.

This short-sighted attempt to block Google Print works counter to the interests of not just the world’s readers, but also the world’s authors and publishers. Google issued an official statement “ Copyright law is supposed to ensure that authors and publishers have an incentive to create new work, not stop people from finding out that the work exists. By helping people find books, we believe we can increase the incentive to publish them. After all, if a book isn’t discovered, it won’t be bought. ” 39 40 Discussion1 The Library Project How much AG demand? $3 billion

The Authors Guild is seeking $750 in damages for each copyrighted book Google copied, which would cost Google more than $3 billion, Google attorney Seth Waxman said. The guild argues Google is not making “fair use” of copyrighted material by offering snippets of works. Google has defended its library, saying it is fully compliant with copyright law. Discussion 1 Summary Who is harmed by Google’s Print Library program? Obviously, 2 parties were harmed by the birth of Google Book 1. Author Copyright, Revenue Reduction 2. Publisher Public can access online (free of charge), Publisher role will be finally eliminated 42.

Parker at one point asked Robert J. LaRocca, a lawyer for the Authors Guild, said the legal issues would not take another decade or more to resolve. He said one possible outcome was that Google would be banned from going ahead with its plans, although he called that outcome “very remote” and said it was more likely that the Authors Guild, if victorious, would ask the judge to order a compulsory license requiring Google to pay $750 for each new copyrighted book it copied. 41 7 10/7/2013 For each group, try to devise a solution that would eliminate or lessen the harm. Author Copyright compensation

Publisher Business agreement, Join Venture, Put them in the business model Fair Payment Structure for each parties may hard to be determined 43 44 Discussion2 How they make MONEY ? How they make MONEY ? The Top 10 Most Expensive Keywords are: 1. Insurance 2. Loans 3. Mortgage 4. Attorney 5. Credit 6. Lawyer 7. Donate 8. Degree 9. Hosting 10. Claim While the minimum bid per keyword is 5 cents in AdWords, the high cost keywords listed above are nowhere near that. Google can make up to $50 per click from the most expensive PPC keywords. Keyword Advertising is a highly lucrative business for Google. 45 46.

97% comes from online pay-per-click advertising. At WordStream we can’t How does Google make money? Surprisingly, get enough PPC; that’s why we decided to conduct some research and find out what the most expensive keywords are in Google. Some of our results about the most popular and most expensive PPC keywords were to be expected, while some (like cord blood and mesothelioma treatment) surprised us and our readers. Discussion2 How they make MONEY ? 47 Discussion Discussion 1 Summary Why is Google Pursuing the Library Project? What is in it for Google? Make a list of benefit to Google Discussion2 48 8 10/7/2013.

Discussion 2 Summary Why is Google Pursuing the Library Project? 1. Increase Google Searches 2. More ads = More Profit 3. Market Expansion 4. Horizontal Integration 5. Build barrier to entry 49 50 Discussion If you were a librarian, would you support Google’s Print Library program? Why or why not? Discussion3 Publishers’ Opinion Google Books is a key to our overall Internet strategy of reaching new markets with our books in an effective and efficient way. We have seen overall traffic to our site increase, backlist sales rise, and we’ve acquired nearly 4,000 new direct book customers for free since the program launched.

Evan Schnittman VP, Rights & Bus Dev 51 52 Discussion3 A 1999 Blackwell’s title, Metaphysics: An Anthology, has had 2,583 page views and 597 “buy this book” click-throughs since it became part of the program. Without any other marketing, the title has had “its best year in the U. S. since publication…” The high rate of “buy this book” clicks is translating into sales for our deep backlist. Edward Crutchley Book Sales Director Discussion3 Authors’ Opinion When The Gulf War Chronicles first appear in Google Books, its sales ranking on the Barnes & Noble index jumped by 85% and stay there Richard S. Lowry.

Books featured in the Partner Program show a 15. 3% (customer) “conversion rate,” which means that web surfers who clicked on a Simon and Schuster book in Google Books either bought a book or went to the Simon and Schuster web site and, for example, subscribed to a newsletter. Conversion rates for other search engines languish around 1-3%. Kate Tentler Senior Vice President of Digital Media, Simon & Schuster 53 54 9 10/7/2013 Discussion3 The Library Project Copyright Dimension Discussion3 The Library Project Copyright Around The World 55 Mostly between 50 – 70 years 56 Discussion3 The Library Project Lesson from Related Industry

Arriba Vs Kelly Discussion3 The Library Project Lesson from Related Industry Copyright of Image Copyright of Image Court Decision Arriba Soft operated a visual search engine on the Internet, which returned images instead of text to user search queries. Arriba compiled images from various websites and despite not getting consent from any of these websites, it formed a database containing reduced thumbnails of these images. Leslie Kelly, a professional photographer from California specializing in photographing California gold rush country, discovered that some of his pictures were embedded in the Arriba database.

He sued Arriba Soft for copyright infringement. In this case, the U. S. Court of Appeals for the 9th Circuit determined Arriba’s use of Kelly’s photographs were “Fair Use” and thus not a copyright infringement. 1) not be commercial in nature, but a “transformative” purpose 2) The nature of copyright law is to protect creative works more so than works of fact 3) only provided the thumbnails of the images 4) serve as an advertising medium for Kelly’s work What do you think ? 57 58 Discussion3 The Library Project Lesson from Related Industry Copyright of Image Discussion3

The Library Project Lesson from Related Industry UMG vs MP3. com Court Decision Copyright of Music The court decided (1) & (4) were consistent with Fair Use and (2) & (3) were not. But on balance this was enough for it to grant Arriba’s motion and deny Kelly’s claims to copyright infringement, because of the weight it attached to (1). In 2000, UMG Recordings, Inc. brought a lawsuit to the U. S. District Court for the Southern District of New York against MP3. com. UMG Recordings sued MP3. com for copying its recordings and placing them onto MP3. com’s computer servers.

These The court found that Arriba never took ownership of Kelly’s work and determined the search engine used Kelly’s images for a purely transformative purpose. servers allowed people who had previously bought the CD to access the music on this CD online from multiple locations. 59 60 10 10/7/2013 Discussion3 The Library Project Lesson from Related Industry Copyright of Music Discussion3 The Library Project Lesson from Related Industry Sony Vs Universal City Studio Court Decision Copyright of Recording Universal City Studios sued Sony Corporations in 1979 on the claim that Sony’s MP3.

com elected to defend itself with a Fair Use argument. The district courts, however, ruled in UMG’s favor stating that “copyright holders new recording device was a copyright infringement. The Betamax (Sony’s home recording device) allowed users to copy complete TV shows for “time shift” – the ability to watch programs at a time different than the allotted broadcast time slot. Sony argued its recording device was fair use and did not constitute any contributory infringement of copyright. had the exclusive rights to control derivative markets by refusing to license a copyrighted work.

”29 By entirely copying recordings – creative works closer to the core of copyright protection The court did not find MP3. com’s use of the recordings to be consistent with the tenets of fair use. 61 62 Discussion3 The Library Project Lesson from Related Industry Copyright of Recording Discussion3 The Library Project Impact on Music Industry Court Decision The Supreme Court agreed with Sony on its contention of fair use, and in its decision emphasized the value of creating a new area of fair use to adapt for new technological capabilities:

“Where valuable technology does not promote contributory infringement by third parties, the courts are more likely to grant fair use. ” 63 64 Discussion3 The Library Project Format Revolution Discussion3 The Library Project Impact on Music Industry According to an undated RIAA press release, “global music piracy causes $12. 5 billion of economic losses every year, 71,060 U. S. jobs lost, and a loss of $422 million in tax revenues, $291 mil, a loss of $2. 7 billion in workers’ earningslion in personal income tax and $131 million in lost corporate income and production taxes.

”35 In addition, RIAA argues, the loss in revenues provides a disincentive for record producers and music artists to produce the music. (For a graphical view of piracy on the music industry, please see Appendix IV). The Decline and Fall of Recorded Music Is the Case For a Format Revolution 65 66 11 10/7/2013 Discussion3 The Library Project Impact on Music Industry Discussion3 The Library of Digitization on the Book Industry The Impact Project Association of Canadian Publishers concluded that the best course of action was to But it turned out to be that the not everyone agree with RIAA.

But which side is the majority? And which side is correct? “educate publishers as to the situation but to leave it to them to determine whether to participate or not. ” The report emphasized that “Google presents the industry with both an opportunity and a huge challenge. ”

The report noted that there is no fee for publishers to join the program, and Google “gives publishers a share of revenue from contextual ads, placed next to the book pages, that are actually clicked on. ” advised that, “publishers are best served if they own their own digital files, that Google does not give publishers a copy of any file that they digitize and that the Google file is not of superior quality. 67 68 If you were a librarian, would you support Google’s Print Library program? Why or why not? 1. Support as long as it’s under “Copyright Law”, or at the point that 1. 1 Authors will be properly inspired 1. 2 Business is on going 2. Google Books will be like world digital public library which definitely better than the physical library in many ways 3. The integration of knowledge will top up the wisdom of mankind 69 Discussion Discussion 3 Summary.

Why firms like Amazon, Yahoo, and Microsoft opposed the Library Project? Why would a firm like Sony Support Google? 70 Discussion4 The Library Digital Cold War ofProject World? Discussion4 The Library Project Amazon vs Google “Dozens of libraries have understood the danger of the Google Book maneuver and have joined the OCA. ” Jean-Claude Guedon, Professor of Literature at the University of Montreal 71 72 12 10/7/2013 Discussion4 Discussion4 The Library Project Microsoft, Yahoo vs Google Both are the competitors of Google in some ways.. But clearly that there is a huge gap between them, what will Google.

Books impact on the gap? Will Google Books Settlement make the investment in Amazon’s Kindle both device and file useless ? With Google Books, every device that can connect to the internet can be e-Reader 73 74 Discussion4 The Library Project Google & Sony 75 Google TV is a Smart TV platform from Google co-developed by Intel, Sony, and Logitech that was launched in October 2010. [2] Google TV integrates the Google Chromebrowser to create an interactive television overlay on top of existing Internet 76 television and WebTV sites to add a 10-foot user interface.


The Library Project Sony vs Amazon Discussion 4 Summary Why firms like Amazon, Yahoo, and Microsoft opposed the Library Project? The Google Books Settlement will grant Google the exclusive right to sell out of print works that remain under contract Amazon will be impacted dramatically because it is the biggest online bookstore and have just created their reading device “Kindle” which is pictured as the new era of book reading 77 78 13 10/7/2013 Discussion 4 Summary Why firms like Amazon, Yahoo, and Microsoft opposed the Library Project? Discussion 4 Summary Why would a firm like Sony Support Google?

Yahoo would also opposed the settlement because Google search will definitely be more benefit to searchers Microsoft is the one who try creating the online library but not successful Sony is also the one who offer the reader device “The Daily Edition” so it want to challenges Amazon’s Kindle sale Sony also has the agreement with Google to access more than 500,000 e-books 79 80 Discussion Do you think the Library Project will result in a de facto monopoly in e-books, or will there be other competitors? Discussion5 The Digitalization Other Library Project Effort Live Search Books – Funded by Microsoft and started in 2006, folded in May of 2008.

www. archive. org – driving force behind the Open Content Alliance, Internet Archive is a non-profit, and is the second-largest books scanning project, has scanned 1. 3 million books www. booksurge. com– subsidiary of Amazon. com, effort to digitize “hard-to-fi nd” books, giving 35% royalties on retail sales of paperback books. 81 82 Discussion5 The Digitalization Other Library Project Effort . Discussion5 The Library Monopoly ? Google, TheProject Jstor. org – archive system for academic journals “ europeana. eu– provides access to European digital items including digitized paintings, books and films.

I worry about the effects on competition. Google’s high settlement payments are barriers to entry by anyone else. Though it’s plausible no one had the resources or spine to compete with Google regardless, a judicial determination that the use was fair would have enabled more competition in parallel and distinct library offerings. Now, Google cements its advantage in yet another field. ” www. safaribooksonline. com – provides access to books, videos, and tutorials from O’Reilly, Peachpit, Prentice Hall, Microsoft Press, and others. 83 Wendy Seltzer, Professor at American University’s Washington College of Law 84 14.

10/7/2013 Discussion5 The Library Monopoly ? Google, TheProject Discussion5 The Library Monopoly ? Google, TheProject “ Has Google backed away from an interesting and socially constructive fair use fight in order to secure market power for itself? Does this deal give Google an unfair head start against any secondcomers to book scanning? Michael Madison, Professor at the University of Pittsburgh School of Law ” As part of the settlement, Google agreed to pay $34. 5 million to establish the Books Rights Registry, which is supposed to serve as an independent party to dole out Google’s royalties to the rightful parties.

Seventy percent of all revenues earned through the Google Books Project would go to the Books Rights Registry, and then on the holders of the copyrights. 85 86 Discussion5 Google, The Monopoly ? Discussion 5 Summary “ Google will enjoy what can only be called a monopoly – a monopoly of a new kind, not of railroads or steel but of access to information. Google has no serious competitors. Do you think the Library Project will result in a de facto monopoly in e-books, or will there be other competitors? Probable !!!! 1. The settlement allows Google to sell copies of works that no other organization in the U.

S. can sell 2. The settlement allows Google to do things that no one else can reasonably expect to ever be able to do. 87 88 ” Robert Darnton, Head of the Harvard library system Discussion 5 Summary Do you think the Library Project will result in a de facto monopoly in e-books, or will there be other competitors? Discussion 5 Summary Do you think the Library Project will result in a de facto monopoly in e-books, or will there be other competitors? Probable !!!! 3. Currently, there is no reasonable expectation that a competitor to Google Book will or could ever arise 4.

The current settlement allows Google to set prices for books that will ultimately be anti-competitive. 5. As more and more libraries disappear, and physical copies of orphaned works become harder to come by, Google’s monopolistic possession of these works will only strengthen. BTW !!!! Nothing is impossible in digital world, there are strongly negative criticisms about Google from may parties. Some even share their resource and build the new organization to challenge Google Book. The case like Microsoft Encarta and Wikipedia may be not only the case that giant is defeated by ant 89 90 15.

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