Actually, one of the big concerns about Google having exclusive rights to the digitization of out-of-print works is the price that they will charge. At the meeting at ALA Washington that I went to, some of the librarians present wanted the price issue to be the main issue that libraries would bring up to the court. Here's how I imagine it going:

- digitized versions of millions of books become available, via Google
- some academic institutions subscribe to this service (say, Harvard, Stanford, a few others) - to compete, other academic institutions must also subscribe, because their students and faculty will be less able to engage in research if they don't
- the subscription will come out of the library's budget
- without competition, Google (with the agreement of the registry, whose purpose is to garner as much income as possible for rights holders) will charge a price that is more than some institutions will be able to afford; others will subscribe, but to the detriment of other resource subscriptions.

That's basically what was being said, although in slightly different terms.

kc

Eric Hellman wrote:
But the argument being trotted out is that having orphan works available through Google would HURT libraries, which is a somewhat different discussion.

The arguments I see for that (as applied to libraries other than the internet Archive) are: 1. Asset devaluation. Just as DeBeers would be hurt if Google started selling cheap diamonds, because their stock of diamonds would be devalued, libraries would find their collections devalued. 2. Competition. Patrons would have attractive alternatives to visiting libraries to access information locked onto paper.

But let's imagine that Internet Archive was shoehorned into the settlement. How would these arguments change? Asset devaluation would presumably be worse as the price was driven down, and Libraries (other than IA) would be faced with more competition, not less. On the other hand, presumably libraries would gain more options in indexing and thus improved access to their collections.

Eric
http://hellman.net/eric/

On May 20, 2009, at 3:47 PM, st...@archive.org wrote:

On 5/20/09 11:19 AM, Eric Hellman wrote:
> I don't see how bashing Google (which is NOT what the
> library association briefs are doing, btw) for gaps in US
> and international Copyright Law(orphan works, for example)
> will end up helping libraries.

i think the concern is that the settlement could give
_only_ Google the right to scan orphaned works, and no
one else. that certainly wouldn't help libraries.

/st...@archive.org




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