NEW YORK -A federal judge set a Nov. 9 deadline Wednesday for submission of a revised agreement in the battle over Google Inc.'s effort to get digital rights to millions of out-of-print books. Then the debate over the fairness of the plan will resume.
U.S. District Judge Denny Chin set the deadline after a lawyer for authors told the judge that Google and lawyers for authors and publishers were working around the clock to reach a new deal by early November.
The $125 million agreement was being renegotiated after it was heavily criticized by many of the more than 400 submissions Chin received prior to a fairness hearing originally scheduled for Wednesday.
The biggest blow came in papers filed last month by the Justice Department, which said the deal "raises significant legal concerns." The agency wrote that it was likely to conclude the agreement breaks federal antitrust law.
The Justice Department also said that the deal could decrease competition among U.S. publishers and drive up prices for consumers because Google might gain a monopoly on out-of-print books that are protected by copyright but whose writers' whereabouts are unknown.
The head of the U.S. Copyright Office testified in a House Judiciary Committee last month that parts of the agreement were "fundamentally at odds with the law."
The original deal was announced by Mountain View, Calif.-based Google and the publishing industry last October to resolve two copyright lawsuits contesting the book scanning plans.
Michael Boni, a lawyer for authors, told the judge Wednesday that the new agreement would contain amendments to the original deal to make it acceptable to the Justice Department.
William F. Cavanaugh, a deputy assistant attorney general, told the judge that the government has been in continuing discussions with the parties.
However, he said the government was not yet aware of what the final deal will look like.
He said he expected "meetings in the near term to go over whatever their proposal is."
Cavanaugh asked that the judge give the government a week to 10 days after any deadline for objections to be submitted for the Justice Department to prepare its analysis of the new deal.
At one point, Chin asked what will happen if negotiations break down and no deal is reached.
Google lawyer Daralyn Durie reassured the judge, saying: "The parties' expectation is we will be able to reach agreement."
Chin did not set deadlines for when objections will be required to be submitted but said he expected he will only allow objections to any new provisions, since core features of the agreement are expected to remain intact.
"Everyone has a pretty good idea what's on the table," he said. "Targeting the changes, I think, is the right way to do it."
The Open Book Alliance, which includes Microsoft Corp., Yahoo Inc., Internet bookseller Amazon.com Inc., other companies and nonprofit organizations, said the deadline for a new agreement was too soon.
"Any revisions to the settlement that would resolve the flaws identified by the Department of Justice and other objectors must be fundamental in scope," organization co-founder Peter Brantley said in a statement. "This is not the time for shortcuts."
The group also criticized what it called "secret, back room negotiations" that exclude those who have voiced objections.
After the Justice Department said it probably violates antitrust law, plaintiffs including The Authors Guild and the Association of American Publishers began renegotiating with Google.
In a lighter moment Wednesday, Chin noted the irony in recent weeks as his office staff was forced to feed thousands of pages of documents submitted to him about the settlement into a single scanner so they could appear in electronic form in the court's computer system.
"We were scanning for four days," he said. "In this case of all cases there ought to be an electronic way of handling this."
Thursday, October 8, 2009
Monday, September 28, 2009
Now we know why the library at Alexandria burneD
Now we know why the library at Alexandria burned.
the Copyright Office requires a copy of your manuscript be left with them. Google has written this in the case before you as the definition of a "book" which allows them to call it previously published when some manuscripts have never been published or are waiting to be edited and published, such as mine. Authors and artists should not be punished for adhereing to government requirements and submitting a copy. Google should not be allowed to steal our body of works and make profit from them by this convoluted definition, they have come up with to profit themselves at the expense of so many others... my own Cprs have been downloaded and sold already and I have not received a a cent for my work. As to the governmental work it should never have gone out on the net in the first place. It has put us all in mortal danger that we cannot adequately deal with. Google should have to pay for all the damage it has caused. Here so filed. Eden Elisazbeth Mountbatten
the Copyright Office requires a copy of your manuscript be left with them. Google has written this in the case before you as the definition of a "book" which allows them to call it previously published when some manuscripts have never been published or are waiting to be edited and published, such as mine. Authors and artists should not be punished for adhereing to government requirements and submitting a copy. Google should not be allowed to steal our body of works and make profit from them by this convoluted definition, they have come up with to profit themselves at the expense of so many others... my own Cprs have been downloaded and sold already and I have not received a a cent for my work. As to the governmental work it should never have gone out on the net in the first place. It has put us all in mortal danger that we cannot adequately deal with. Google should have to pay for all the damage it has caused. Here so filed. Eden Elisazbeth Mountbatten
Wednesday, September 23, 2009
America is the only place it's safe to be in the Minority
Supreme Court jurisprudence has firmly established that publishers must obtain your prior permission before publishing or allowing electronic databases to publish your works on the Internet.
Copyright law gives you all rights in and control over your work.
America is the only place it's safe to Dissent. Dissent is the hallmark of being American
Copyright law gives you all rights in and control over your work.
America is the only place it's safe to Dissent. Dissent is the hallmark of being American
Friday, September 11, 2009
Google Library theft of unpublished manuscripts
We will Kill America with it's own greed... Usama bin Laden
The copyright office requires that you send them a copy of your work before they will grant you a copyright. Google in it's law suit defines "a book" as any collection of paper or digitized... that literally makes the copy required by the copyright office into a "book" by definition. If it has never been published, if you are planning to publish, if you just wanted to let your children inherit the copyrights and publish your biography... as a "book" defined by google it now belongs to them to sell in their online stores... to download for a fee... and you have to pay to subscribe to the library. They are especially interested in in unpublished manuscripts... why?
If you have not published in the time it takes the LOC to get your copyright out, Google takes it and sells it as a book, as ancillary products and you get not a cent for your lifes work.
Who would buy a book if they could get it virtually from a library?
Anything that has ever been registered with the Library of Congress, a copyright in the US Library of Congress has been given to Google to sell repeatedly. Authors get a one time payment of $60 for each original work which they have to divide among publishers, children who inherit, and anyone else who helped on the book.
were you planning on selling your life works and leaving the copyrights to your children? Google will give you 15$ -$60 which you have to split with them...
then google will sell your unpublished works by charging for downloads of your book... no one ever has to buy it from you... it's in the international library Unedited with all the libel suits just waiting to happen...
THE Library OF CONGRESS was supposed to be a safe repository until the author decided to publish . The publisher is a check and balance that runs the manuscript thru its legal department and takes out libelous things, actual names characters are based on and removes things that would harm the common good... like bomb designs and nuclear reactors. The reason we copyrighted was so we would be less likely to get stolen.
The LOC is the Research Arm of the Congress.
If you steal my life's work and sell it in downloads that's grand theft. Stolen property has to be returned... you don't get to make a profit.
Google Book Settlement Page 2 of 8
A "Book" is a written or printed work that meets the following three conditions on or before January 5,2009:
• It was published or distributed to the public or made available on sheets of paper bound together in hard copy form for public access under the authorization of the work's U.S. copyright owner; and
• It was registered with the U.S. Copyright Office, UNLESS the work is not a "United States work" under the U.S. Copyright Act, in which case such registration is not required; and
• It is subject to a U.S. copyright interest (either through ownership, joint ownership, or an exclusive license) implicated by a use authorized, or for which compensation could be payable, by the Settlement.
"Cash Payments" are payments that Google will make for works it has digitized on or before May 5,2009 as follows:
For Principal Works, Entire Inserts, and Partial Inserts that Google digitized on or before May 5, 2009, Google will pay at least US$6o per Principal Work, US$15 per Entire Insert, and US$5 per Partial Insert. If you are the only rightsholder of the Principal Work or Insert, then you will receive the entire Cash Payment for that work. If, however, other Rightsholders also have valid claims to the same Principal Work or Insert - for example, a claim by the publisher (if you are an author or heir), by the author (if you are a publisher), by your co-author or co-heir, or by the publisher of the paperback edition of a book (if you are the publisher of the hard back edition) - then the Cash Payment may need to be shared according to the Plan of Allocation and the Author-Publisher Procedures.
Only one Cash Payment will be made per Principal Work, Entire Insert or Partial Insert regardless of the number of times that Google has digitized the Principal Work or Insert and regardless of the number of books in which the Principal Work or Insert appears. If, for example, a paperback edition of a book digitized by Google does not contain additional or different copyrightable expression as compared to a hard cover edition digitized by Google that contains the same Principal Work, only one Cash Payment for the Principal Work will be made even if the soft cover and hard cover editions have different ISBNs.
If a Cash Payment is made for a book, then no additional Cash Payment will be made for any portions of the book that are used as Inserts. Therefore, a rightsholder may claim a Cash Payment either for the Principal Work or for any part of the Principal Work that is Protected Expression that constitutes an Entire Insert or Partial Insert in any other book, but not both.
To receive a Cash Payment, you must, on or before January 5, 2010, claim an eligible book or Insert using the Claim Form. Other than filing the Claim Form, there is nothing you need to do at this time.
Commercial Availability
A book is Commercially Available if, at the time in question, the rightsholder of the book, or the rightsholder's designated agent, is offering the book for sale new through one or more then-customary channels of trade in the United States.
If a book is designated as Commercially Available then Google will not be authorized to make any Display Uses of the book unless a rightsholder of the book gives express permission to do so. If a book is designated as not Commercially Available, then Google will be able to make all Display Uses of the book unless a rightsholder of the book instructs Google to exclude the book from one or more Display Uses.
Confident means that you are confident that rights in the book have not reverted to the author (based, e.g., on the type of book or type of contract for the book). Books that were published in categories or by imprints that generally did not have reversions, but as to which you may not be reviewing individual book contracts but as to which you are nevertheless confident that rights have not reverted, may be claimed in this category. Books claimed using this assertion of rights are not eligible for a Cash Payment, and you cannot remove these books without becoming "highly confident", but you can exclude them from any Display Use (for good cause articulated, in the case of not
Exactly who after all the subsidiarys have been weeded out...who owns Google? The bin Ladens?or Saudia?
http://www.googlebooksettlement.com/help/bin/answer.py?answer=l 18722&hl=en 9/11/2009
Here is the GOG you've been waiting for.....
The copyright office requires that you send them a copy of your work before they will grant you a copyright. Google in it's law suit defines "a book" as any collection of paper or digitized... that literally makes the copy required by the copyright office into a "book" by definition. If it has never been published, if you are planning to publish, if you just wanted to let your children inherit the copyrights and publish your biography... as a "book" defined by google it now belongs to them to sell in their online stores... to download for a fee... and you have to pay to subscribe to the library. They are especially interested in in unpublished manuscripts... why?
If you have not published in the time it takes the LOC to get your copyright out, Google takes it and sells it as a book, as ancillary products and you get not a cent for your lifes work.
Who would buy a book if they could get it virtually from a library?
Anything that has ever been registered with the Library of Congress, a copyright in the US Library of Congress has been given to Google to sell repeatedly. Authors get a one time payment of $60 for each original work which they have to divide among publishers, children who inherit, and anyone else who helped on the book.
were you planning on selling your life works and leaving the copyrights to your children? Google will give you 15$ -$60 which you have to split with them...
then google will sell your unpublished works by charging for downloads of your book... no one ever has to buy it from you... it's in the international library Unedited with all the libel suits just waiting to happen...
THE Library OF CONGRESS was supposed to be a safe repository until the author decided to publish . The publisher is a check and balance that runs the manuscript thru its legal department and takes out libelous things, actual names characters are based on and removes things that would harm the common good... like bomb designs and nuclear reactors. The reason we copyrighted was so we would be less likely to get stolen.
The LOC is the Research Arm of the Congress.
If you steal my life's work and sell it in downloads that's grand theft. Stolen property has to be returned... you don't get to make a profit.
Google Book Settlement Page 2 of 8
A "Book" is a written or printed work that meets the following three conditions on or before January 5,2009:
• It was published or distributed to the public or made available on sheets of paper bound together in hard copy form for public access under the authorization of the work's U.S. copyright owner; and
• It was registered with the U.S. Copyright Office, UNLESS the work is not a "United States work" under the U.S. Copyright Act, in which case such registration is not required; and
• It is subject to a U.S. copyright interest (either through ownership, joint ownership, or an exclusive license) implicated by a use authorized, or for which compensation could be payable, by the Settlement.
"Cash Payments" are payments that Google will make for works it has digitized on or before May 5,2009 as follows:
For Principal Works, Entire Inserts, and Partial Inserts that Google digitized on or before May 5, 2009, Google will pay at least US$6o per Principal Work, US$15 per Entire Insert, and US$5 per Partial Insert. If you are the only rightsholder of the Principal Work or Insert, then you will receive the entire Cash Payment for that work. If, however, other Rightsholders also have valid claims to the same Principal Work or Insert - for example, a claim by the publisher (if you are an author or heir), by the author (if you are a publisher), by your co-author or co-heir, or by the publisher of the paperback edition of a book (if you are the publisher of the hard back edition) - then the Cash Payment may need to be shared according to the Plan of Allocation and the Author-Publisher Procedures.
Only one Cash Payment will be made per Principal Work, Entire Insert or Partial Insert regardless of the number of times that Google has digitized the Principal Work or Insert and regardless of the number of books in which the Principal Work or Insert appears. If, for example, a paperback edition of a book digitized by Google does not contain additional or different copyrightable expression as compared to a hard cover edition digitized by Google that contains the same Principal Work, only one Cash Payment for the Principal Work will be made even if the soft cover and hard cover editions have different ISBNs.
If a Cash Payment is made for a book, then no additional Cash Payment will be made for any portions of the book that are used as Inserts. Therefore, a rightsholder may claim a Cash Payment either for the Principal Work or for any part of the Principal Work that is Protected Expression that constitutes an Entire Insert or Partial Insert in any other book, but not both.
To receive a Cash Payment, you must, on or before January 5, 2010, claim an eligible book or Insert using the Claim Form. Other than filing the Claim Form, there is nothing you need to do at this time.
Commercial Availability
A book is Commercially Available if, at the time in question, the rightsholder of the book, or the rightsholder's designated agent, is offering the book for sale new through one or more then-customary channels of trade in the United States.
If a book is designated as Commercially Available then Google will not be authorized to make any Display Uses of the book unless a rightsholder of the book gives express permission to do so. If a book is designated as not Commercially Available, then Google will be able to make all Display Uses of the book unless a rightsholder of the book instructs Google to exclude the book from one or more Display Uses.
Confident means that you are confident that rights in the book have not reverted to the author (based, e.g., on the type of book or type of contract for the book). Books that were published in categories or by imprints that generally did not have reversions, but as to which you may not be reviewing individual book contracts but as to which you are nevertheless confident that rights have not reverted, may be claimed in this category. Books claimed using this assertion of rights are not eligible for a Cash Payment, and you cannot remove these books without becoming "highly confident", but you can exclude them from any Display Use (for good cause articulated, in the case of not
Exactly who after all the subsidiarys have been weeded out...who owns Google? The bin Ladens?or Saudia?
http://www.googlebooksettlement.com/help/bin/answer.py?answer=l 18722&hl=en 9/11/2009
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