Free Essay

Google Books Settlement

In:

Submitted By kelansary
Words 1190
Pages 5
Google Library project
Khaled Deyab
Cal University
DBA in Health Care Management and Leadership

Introduction
Google Library Project's transforms the text into a comprehensive word index to facilitate searching and data mining in new areas. The use does not supersede or replace reading of books; it adds something new to the original work by using words to facilitate searching. It aim to make it easier for people to find relevant books specifically, books they wouldn't find any other way such as those that are out of print. At the same time will carefully respecting authors' and publishers' copyrights. The goal is to create a comprehensive, searchable, virtual card catalog of all books in all languages that helps users discover new books and publishers discover new readers. Users simply search for a book or topic using keywords and Google lists books from its database containing the search terms. Users can then click a book title to view “snippets” of books containing the term(s) searched.
We are going to talk about Google Library Project and a history for their straggle in court. We are also going to talk about is it good or bad that Google is a United State corporation bound by U.S. laws., what is the “fair use” doctrine and if we think that Google defines it correctly in this controversy. We are also going to explain why some libraries are backers of the project, while others vehemently oppose it.
Discussion
Google Library Project's aim to make it easier for people to find relevant books specifically, books they wouldn't find any other way such as those that are out of print. At the same time will carefully respecting authors' and publishers' copyrights. The goal is to create a comprehensive, searchable, virtual card catalog of all books in all languages that helps users discover new books and publishers discover new readers. They started in 2004 when Google announced a program it first called Google Print and now just calls Google Books. This program had two parts. Partner Program, publishers give permission to Google to scan their books then make parts of the work, or bibliographic information available on Google’s search engine. This will allow publishers and authors a chance to find a wider market, and Google sells more ads. The second part of the project where Google proposed to scan millions of books in university and public libraries, and allow users to search for key phrases then display “snippets” a relevant portions of the text without seeking permission of the publisher or paying a royalty fee. Google gave the publishing industry until November 2005 to opt out. Some prestigious libraries and university believed that it is a marvelous extension of public access to library collections and backed Google on their project, while other librarians fear it is harmful to book authors and publishers and started a lawsuit against them.
In 2005 a group of authors and publishers brought a class action lawsuit against Google alleging copyright infringement as Google did not obtain permission from the rightsholders of each book before publishing such “snippets” of their material.
In 2010 several individual photographers and illustrators and the American Society of Media Photographers (“ASMP”) brought another class action against Google for copyright infringement for photographs and other visual works within the Google Books project.
In 2009 Amazon urges rejection of Google books settlement. Lawyers for Amazon.com blasted Google copyright settlement with the Authors Guild and the Association of American Publishers as an anticompetitive agreement that would increase how much consumers pay for digital books and undermine Congress's role in amending copyright law to address changes in technology.
Google has consistently argued in each of these actions that its actions constitute “Fair Use” under section 107 of the Copyright Act, 17 USC s107. on March 2011 Judge Chin of district court rejected the ASA concluding that it did not meet the fair, adequate and reasonable standard required by law.
In November 2013 Google’s motion is granted and the Case against Google is dismissed
Argue why it is a good or bad thing that Google is a United States corporation bound by U.S. laws.
In the beginning Pandora tried to get music subscribers by giving people 10 free hours, then after that asking them to pay $36 a month for the service. No one was willing to pay so much for a service that they could get for free by listening to an FM radio. They tried several free, but with strict limitations in bandwidth and ads in between songs which results in a lower quality listening experience (Laudon & Traver, 2012).
What is the “fair use” doctrine and do you think that Google defines it correctly in this controversy?
One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law. (http://www.copyright.gov/fls/fl102.html).
Explain why some libraries are backers of the project, while others vehemently oppose it.
Freemium model works best when there is a very large audience for your service and you can offer paid upgrades to make it worthwhile for people to pay to get the additional added value. MailChimp works as a free service because anyone that sends the same email to multiple people is a prospective customer (Laudon & Traver, 2012).
Conclusion
Google Books provides significant public benefits, advancing the progress of the arts & sciences while respecting the rights of authors. it is an invaluable research tool. It preserves books that have been forgotten and gives them new life. Google Books also facilitates access to books for print-disabled, remote, underserved populations. Ruling extends Google’s market leadership, raising the stakes and potential costs for Google’s competitors. Ruling adds to the small body of search engine copyright law. “Google Books ruling is a huge victory for online innovation” – Timothy B. Lee, Washington Post * “….its common sense analysis and recognition of the key purpose of fair use: to make sure copyright serves, and does not impede the public interest” – Corynne McSherry, Electronic Frontier Foundation , Laudon and Traver (2012) Write that:
Chris Anderson, author of Free: The Future of a Radical Price, noted in a blog post “you give away 99% of your product to sell 1%. The reason this makes sense is that for digital products, where the marginal cost is close to zero, the 99% costs you little and allows you to reach a huge market. So the 1% you convert, is 1% of a big number.” (p. 108)

Reference
Laudon, K., & Traver, C. (2012). E-commerce: Business. Technology. Society. (8.th ed.). Pearson Custom Publishing. http://www.copyright.gov/fls/fl102.html Amazon urges rejection of google books settlement. (2009). Dow Jones DBR High Yield, Retrieved from http://search.proquest.com/docview/197491892?accountid=143980
Forbes magazine online article http://www.forbes.com/sites/ericgoldman/2013/11/14/why-googles-fair-use-victory-in-google-books-suit-is-a-big-deal-and-why-it-isnt/
November 14th, 2013 “TECH” , Eric Goldman, Contributor

Similar Documents

Free Essay

The Google Books Settlement

...MGT 640 Unit 3 – Case Analysis The Google Books Settlement Rhonda Y. Smith-Gullette California Intercontinental University (CalU) MGT 640 Jan 24, 2016 Dr. Ebenezer A. Robinson Abstract This week’s case titled The Google Books Settlement will be the subject of this case analysis. This case analysis will discuss Google US Corporation: good or bad, fair use doctrine, and Libraries that back project the Google Books Project. This case analysis will conclude with a recommendation and a conclusion that will recap the major points of this analysis. Overview People do not read as much anymore. There are other options. YouTube streams videos on every topic imaginable. “Steve Jobs noted people don’t read anymore” (Laudon & Traver, 2012). “Forty percent of the people in the U.S. read one book or less last year” (Laudon & Traver, 2012). This is due to the numerous options of acquiring data and information. People are still being educated so what is being used in lieu of books? “e-book sales exploded in 2010, growing from 0.6% of book sales in the United States in 2009 to 6.4%” (Laudon & Traver, 2012). In 2002 Google began a digital library. The same way Pandora and The Pirate Bay benefited from advertising, Google did also. Problems arose when Google sought go put information on their servers that did not belong to them which brings up copyrighted issues. No royalties or fees were paid and this started Googles problems. Lawsuits were filed. ...

Words: 1457 - Pages: 6

Premium Essay

A Report on Fair Use of Digitized Copyrighted Materials

...Nearly every piece of work can be changed to digital format, either for archiving and protecting them for future generations, or selling them for profit. A simple search for the work will turn up an extract of the work, but not the whole work in its entirety. Is it wrong to do so display any of the work without asking permission from the copyright holder, or not? I believe that if you own the work then it cannot be reproduced without your explicit permission, and restitution must be made and royalties paid. The problem of locating the actual copyright holder Google has been working to digitize 30 million books. Many of them are still copyrighted. Normally when somebody wishes to display copyrighted information then they will seek out permissions from the holder. Google decided that task would be monumental, so they would have an opt-out option for the program. An analysis of the lawsuit against Google states “The opt-out approach...

Words: 771 - Pages: 4

Premium Essay

Intellectual Property

...ARTICLE SYNOPSIS Google Books (another arm of Google's main search engine) has an ultimate goal to digitize all published books across the globe. Google has digitized close to 20 million books, and has recently run into trouble. Google did not ask permission from any of the authors to copy the books in any form. The Author's Guild filed a lawsuit against Google for illegal reproduction of the books. The Author's Guild is an organization that represents a large number of published authors in the United States, and received complaints from a few of its author members in regards to Google's unauthorized copying. Google claimed that it only copied portions of the books, so that the books would show up in search results. (After all, Google is the most widely used search engine across the world.) Google also stated that because only portions of the books were published, the individuals that retrieved the books from an online search would not be able to read the books in their entirety. The authors of the books claim that they are losing money, because readers would not pay for an actual book when they can read it online for free. Google may be able to use the precedent set in a similar case involving five universities that collaborated to copy their university's digital library and make it available to each of the five universities. The judge in the university case cited fair use, and exonerated the individuals from copyright infringement. LEGAL ISSUE The main...

Words: 1061 - Pages: 5

Premium Essay

Google Antitrust Ivestigation

...Google Money is the root of all evil, or so they say. It is what makes the world go round, and business owners will sometimes sell their souls in the hopes of becoming top dog. Some of these businesses get a little too big for their britches at times, and like children on the playground they have to be watched over so that everything stays fair. According to the Department of Economics and Finance Chair of Law and Economics, “antitrust can be considered a form of economic regulation done by governments over economic activity of undertakings. Antitrust regulations and competition laws are primarily made in order to assure sound competition in each segment of the broader market, protect consumer welfare and avoid abuse of market power by dominant firms.” (Grillo, Renda, 2014) When one single company controls a big enough portion of the market share of a product or service that it affects significantly the terms on which others have access to it, it is deemed a Monopoly market structure. If a group of firms does the same, it is referred to as an oligopoly market structure. “Oligopolies and monopolies may maintain their position of dominance in a market because it is too costly or difficult for potential rivals to enter the market. Obstacles to entry are called barriers to entry.” (Grillo, Renda, 2014) This doesn’t go over well in today’s society, which is what antitrust laws are for. One company lately has been getting many accusations of infringing said laws and causing quite...

Words: 1848 - Pages: 8

Free Essay

Online Book

...the Supreme Court, which in a 5-4 decision finally made it clear that using a VCR to tape TV shows was fair use. The decision not only legitimized the new consumer technology, and all the benefits it brought to the public, but also ended up helping those same movie studios earn billions of dollars from the home video market that the VCR enabled. It's worth remembering that case when thinking about the lawsuit filed yesterday against Google by the Author's Guild, for digitizing copyrighted books from libraries and making them searchable online. (Although the books are searchable, no more than a handful of sentence-sized snippets can be read online, unless the book is in the public domain or the publishers give permission for more to be viewable.) Once again, the issue boils down to fair use in a new application that could greatly benefit the public and bring new revenues and other benefits to copyright holders. While this particular issue has not yet been decided in court, and various legal scholars have taken both sides of the issue, Google has what looks like a good case for fair use both for the service itself and for the digitization necessary to provide it. In the actual service, the snippets provided to readers are very small, cannot reasonably substitute for access to the entire work, and will probably have a net-positive effect for the market for the work. The...

Words: 3159 - Pages: 13

Premium Essay

Amazon

...from the comfort of your own home, or even on the go vs. driving in the Arizona heat to walk into a mall where you have to walk around in search for a specific item, deal with bad customer service, and a crowd of teenagers who are out of school for the summer? The answer is simple, everyone. Founded in 1994 by Jeff Bezoz, Amazon.com is recognized as the number one online retail website by Internet Retailer.com. Amazon was originally created as an online bookstore but it has not limited its sales to books only, Amazon sells everything from mp3’s, DVD’s, electronics, clothing, food, just to name a few products. It also acts a competitor to the popular Netflix by offering live streaming of more than 5,000 movies, and T.V shows. Amazon offers a Prime membership for a $79 annual fee, as Prime members you are granted unlimited streaming of movies and T.V shows, free 2 day shipping, and one day shipping for $3.99. According to a article in The New York Times, Amazon’s books and music sales rose 15% to 3.96 billion during the first quarter in 2011. Amazon.com Evolution ( Kopytoff, , para. 14  ).Thirteen warehouses...

Words: 1526 - Pages: 7

Premium Essay

Engish Language

...org/apastyle/basics/index.htm (slide show) The following is an example of how you should compile the List of References you use for your assignments, reports etc. REFERENCES A reference list should include ALL the sources – books, journal articles, online articles etc that you have used in your paper/assignment. In the APA system the Surname of the author, the date of publication, title of book or article, (for articles the name of the book or journal in which the article appears and the page numbers), place of publication (for books) and the name of the publisher should be given in that order. Examples of how to reference online sources Using DOI digital object identifier Carretie, L. Hinojosa, J. A., Martin-Loeches, M., Mecado, F., & Tapia, M. (2004) Automatic attention to emotional stimuli: Neural correlates. Human Brain Mapping, 22, 290–299. doi:10.1002/hbm.20037 Bogoslaw, D. (2008, September 2). Solar Energy Stocks: All Fired Up. Business Week Online. Academic Search Premier database. www.ebscohost.com (2009, June 14) Using URL if DOI is not given Advantages of Solar Power http://www.solar-power4u.com/generalsolar/prosconssolarenergy.htm (2009, June 24) Example of how to reference books, chapters in a book and journal articles Beckenridge, C. and P. Van der Veer (Eds) 1993 Orientalism and the Postcolonial Predicament, Philadelphia: University of Pennsylvania Press Foucault, M.1980 “Truth and Power”,...

Words: 547 - Pages: 3

Free Essay

Will Technology Save the Publishing Industry?

...The publishing industry is grappling with disruptive technologies that may transform its business models and the way we buy and read books. What is the impact of the Internet and e-book technology on book and newspaper publishing? Who will win and who will lose out, and how will the struggle play out? Newspapers are the most troubled segment of the publishing industry, due to the availability of alternatives to the printed newspaper and publishers' inability to protect valuable content from being distributed for free over the Internet. Over 60 percent of newspapers have reduced news staff in the past three years and about the same percentage report reducing the size of their newspapers. Readership has been declining for about a decade and advertising is down 15 percent a year. Alternative online sources of news such as Yahoo, Google, and blogs have become major sources of news for many Americans, especially younger readers. At first glance, the online newspaper industry appears to be a classic case of a disruptive technology destroying a traditional business model based on physical products and physical distribution. But the newspapers have much valuable content worth preserving and they have acquired a huge online audience. Next to social networks, newspapers have the largest online audience of any media, and online newspaper readership is growing by 17 percent each year. Contrary to popular opinion, they are one of the most successful forms of online content to date. The...

Words: 1887 - Pages: 8

Free Essay

Company Research

...Ernst & Young EXECUTIVE SUMMARY Ernst & Young commonly referred as EY, is one of the Big Four professional services firms along with Deloitte, PricewaterhouseCoopers and KPMG Ernst & Young is a multinational professional services firm headquartered in London, United Kingdom and was the third largest professional services firm in the world by aggregated revenue in 2012. The firm has employed 167,000 people and has more than 700 offices across more than 140 countries, providing assurance (including financial audit), tax, consulting and advisory services. In FY 2012, EY earned a record of $24.4 billion USD in revenue, ranking the third among the Big Four, after PricewaterhouseCoopers and Deloitte, ahead of KPMG. Ernst & Young offers its services to companies in a vast range of industries, including asset management, life sciences, mining, media and entertainment, retail, technology, and hotel and leisure. The company's financial reporting segment offers an IFRS/GAAP comparison so companies can compare and contrast the international and US accounting standards. The group's members firms are organized in four geographic areas: Europe, the Middle East, India, and Africa; the Americas (including Ernst & Young LLP); Japan; and the Asia/Pacific region. Ernst & Young is increasingly focused on the emerging markets, which have seen more rapid economic recovery than the developed nations. The company sees the trend of growth in the emerging markets as one that...

Words: 1594 - Pages: 7

Premium Essay

Irish-Dutch Sandwich - Tax Planning

...1. What features of the interaction between the US, Irish, Dutch and Caribbean tax systems facilitate MNC’s in minimising their global tax bills? In order to minimise their global tax bills, MNC’s engage in a tax avoidance technique known as the ‘Double Irish with a Dutch Sandwich technique’. It is a technique employed by certain large corporations, involving the use of a combination of Irish and Dutch subsidiary companies to shift profits to low or no tax jurisdictions. In this essay I am going to explore this tax avoidance technique and give a step-by-step guide as to how large MNC’s such as Google use it. First I am going to give an overview of this tax avoidance technique and why it is advantageous for an MNC to use. This technique is just one of a class of similar international tax avoidance schemes that has allowed MNC’s to dramatically reduce their overall corporate tax rates. It in essence involves sending profits through one Irish company, to a Dutch company and finally to a second Irish company headquartered in a tax haven. These techniques are most prominently used by technology companies because these firms can easily shift large portions of profits to other countries by assigning intellectual property rights to subsidiaries abroad. Each step in the ‘double Irish with a Dutch sandwich’ technique involves arranging transactions between subsidiary companies to take advantage of the idiosyncrasies of varied national tax codes. For decades MNC’s have been taking advantage...

Words: 1731 - Pages: 7

Free Essay

Microsoft and the Internet: How to Respond to the Rise of Google?

...MICROSOFT AND THE INTERNET: HOW TO RESPOND TO THE RISE OF GOOGLE? Microsoft started investing in the market for internet search and internet advertising in 2003. Despite some interesting technological and marketing moves, however, the company was still a distant third to Google 5 years later and was losing money. In the early 2009, Microsoft’s executives were wondering which bold strategic moves could be made to change this situation. How the Microsoft adventure began At the end of 2008, Microsoft, founded by Bill Gates in 1975, was a giant with revenues of $60 billion and operating cash flow of $22 billion. A large part of Microsoft’s success had come from operating systems for personal computers. Operating systems were the core software that coordinated a computer’s activities. In the early 1980s, Microsoft was chosen by IBM to develop the MS-DOS and to tailor it to IBM needs. Bill Gates, who believed that many other companies might also adopt the same system, sold IBM the rights to use the software for $80,000 but insisted that Microsoft kept the copyrights on MS-DOS. This worked beyond expectations as the many competitors -for instance, Compaq or Dell- who imitated the IBM PC adopted MS-DOS as well, paying Microsoft licence fees of $15 per machine. By the early 1990s, Microsoft had over 90% of the operating system business, Apple gathering most of the rest. Armies of developers were also developing hundreds of software applications that ran on MS-DOS. Microsoft’s dominance...

Words: 3935 - Pages: 16

Free Essay

All Hail the New King !

...nature but enabling it...” as he labels it. Ancient leadership theories indicate that charismatic leaders were “chosen ones” with spiritual powers and a “cult like” following. In the early days of Facebook, Zuckerberg had the adulation of “followers” who were willing to sacrifice salary for shares. Even normal folk outside his “techie” circle, such as David Choe, a graffiti artist, who chose stock options as payment for decorating Facebook’s offices. He is estimated to walk away with $200m after the IPO. Inventor or imitator? Evidence suggests that Zuckerberg simply steals ideas. Take the name “Facebook”, according to reports the original idea is thought to have come from Zuckerberg’s high school, where Facebook was the name of a physical book passed around classmates. Then the whole concept of the “real” founders of Facebook, the Winklevoss twins, who were classmates of Zuckerberg at Harvard. Perhaps he isn’t the philanthropist we are led to believe, and perhaps there is a killer instinct inside him feasting on control and competition –...

Words: 959 - Pages: 4

Premium Essay

Google Case

...2014 GOOGLE Inc. Team 7 3/6/2014 1. In order to identify capacity constraints and better allocate resources companies, Google adopted 70/20/10 model. Google’s aim is to ‘organize the world’s information’. Though all the projects had one aim, they were classified according to their contribution to the core business. This map clearly distinguished the projects as needed. Derivative projects are the ones’ that involve incremental changes in core products and services. These are allocated with 70% of the Google’s resources. Platform projects comprised of extension to core business. And these were allocated 20% of the resources. Breakthrough projects are the ones that are based on fundamentally new businesses. These are allocated 10% of the total resources. These fostered innovation within the company. 2. Technology Stand Alone Value Google’s standalone value includes products like Google Search, advertising, Browser, Cloud based apps, Mobile Operating System and mobile devices. The need of search engine grew with expansion of World Wide Web. Although other search engines existed, however the results on those platforms could easily be skewed. Larry Page and Sergey Bin came up with a new algorithm to counter those problems. “The perfect search engine” says Larry Page “would understand exactly what you mean and give back exactly what you want”. This proved true hence rated high in customer productivity. Their home page interface is clear and simple, and pages load instantly...

Words: 3468 - Pages: 14

Premium Essay

Why Mmee

...V.Srikanth & Dr.R.Dhanapal A Business Review of E-Retailing in India V.Srikanth Assistant Professor / MCA Dept PES Institute of technology, Bangalore-560085, India vedanthamsri@yahoo.co.in Dr.R.Dhanapal Professor, Department of Computer Applications Easwari Engineering College, Ramapuram Chennai - 600089, Tamilnadu, India drdhanapal@gmail.com Abstract As a professor in computer science I am very much interested in training my students in e-Commerce and prepared myself for an in depth research in this area and to present a quick journal about e-Retailing concepts / framework, how an organization can start e-Retailing business quickly. Its Pro’s & Con’s, how to make the e-Retailing venture successful. How retailers should plan / experience to achieve varying success by leveraging the internet technology. How to incorporate traditional retails practices with Internet technology. And strive for success in India. How internet is used by users and its use for online shopping. It serves as a best article for all the readers across the globe. Keywords: E-Retailing,E-tailing, E-Commerce, Online Store, Retail, E-Business. 1. INTRODUCTION E-Commerce is a huge domain on conducting business over internet and e-retailing is part of it. When we discuss on digitally / Internet enabled commercial transactions between organizations and individuals using latest web technologies as per the policies of the Organization it takes the form of e-business. Nowadays, 'e' is gaining...

Words: 4303 - Pages: 18

Premium Essay

Microsoft’s Search

...MICROSOFT’S SEARCH | STRATEGIC MANAGEMENT | ASSIGNMENT # 04 | Submitted by: 1. Sheheryaar Mahmood 2. Amna Aslam 3. Madeeha Tahir Class: MBA-IV (F) Submitted to: Sir Suhaib Baluch Date: 12.03.2012 MICROSOFT’S SEARCH SUMMARY * In September 2008 the executives at Microsoft looked at alternatives to improve the company’s position. * The company got serious about search five years back, made great progress, but still lacks behind Google. The division leader is looking for a new ‘game changer’ move which helps then catch and pass Google. Microsoft in 2008: * Since its origin, Microsoft has grown to sell a complex line of software, services, and hardware. * The historical heart of the company was its line of operating systems for PCs, which was introduced in 1980. IBM had come to Bill Gates looking for someone to build a PC operating system. Gates purchased an OS and modified it to meet IBM’s needs, and named it MS-DOS. Rights to use this system were sold to IBM. * During the 1980’s this system dominated a rapidly growing market for PCs. * By 1990, clone makers (Compaq, Dell, etc.) were licensing MS-DOS for $15 per PC. Microsoft’s OS ran 90% of the worlds PCs, while Apple had a 7% share. * Apple launched Macintosh in 1984, and Microsoft introduced Windows 1.0. In 1990 Windows 3.0 was introduced, then Windows 95, 98, XP and finally Vista in 2007. * Development costs rose from $500 million for Windows 95 to $10 billon...

Words: 1860 - Pages: 8