chapter 6 google book search library project.pptx
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Chapter 6: Google Book Search Library Project
52645310 Chan Yu Pang52645383 Kou Man Chun52222530 Lam Yu Ching
52611804 Wong Pui Shan52645360 Yau Ka Kin
Summary
Background
Google Book Searches the full text of books and magazines Converted to text Stored in its digital database
Goals: Work with publishers and libraries Create a comprehensive, searchable, virtual card
catalog of all books in all languages Helps users discover new books Help publishers discover new readers’
Case
Date: Oct 2005
Who : Authors Guild and the Association of American Publishers VS Google
Reason: AAP argues that making a full copy of a copyright-protected book does not fit into the narrow exception to the law defined by fair use
Result:
Google use 1.25 billion to settle the case Give Google the right to display the books online To profit from them by selling access to individual
texts as well as selling subscriptions to its entire collection to libraries and other institutions
The resulting revenue would be shared among Google, authors, and publishers
Why have a case
Profit According to Association of American
Publishers (AAP) , e-books now represent 22.55% (about 15.4 Million) of US publishers' total revenue in 2012.
Back to 2002, e-books represent 0.05% percent of US publishers' total revenue only.
Copyright Many of the books are protected under
copyright law Google needed to avoid problems with
copyright infringement Google established a process requiring
publishers and copyright holders to opt out of the program if they did not want their books to be searchable
Publishers and copyright holders argued that they should control who can view and search their books
Main Problem Google have not consider about the
rights and benefits of publishers Google are focus a lot on fair use Involved in a long Law suit
Critics, including the Internet Archive and Consumer Watchdog, claim the settlement would unfairly give Google an exclusive license to profit from millions of books
In addition, “Google alone would have a license that covers millions of so-called orphan books, whose authors cannot be found or whose rights holders are unknown.”
Q.1Do you think that Google should have taken a different approach that would have allowed It to avoid litigation and lengthy delay in implementing its Book Search Library Project?
Google should taken a different approach
separate the approach into three parts – Profit, copyright and fair use.
Profit Google approach: give $ to them Suggest approach: discus profit to
publishers and writers firstAdvantage:1. Avoid paying settlement fee 2. Pull down profit from publishers and
writers go Google can earn more in a long term
3. Free advertisement
Copyright Google approach : N/A at that moment Suggest approach: use partner scheme
at the beginningAdvantage:1. Avoid litigation
Fair use Google approach: settlement fee Suggest approach: set a contract with
publishers and authors about the usage of the scanned materials
Advantages:1. Fix the profit percentage -> Google
earn more further2. increase trust from publisher and
authors
Q.2As a potential user, are you favor of or do you oppose the Book Search Library Project? Explain your answer.
As a readers…
Favor of Preview the book without purchasing,
contrast to the concrete book which completely wrapped by plastic.
Find out books which are not printed and sold on book store but can be found in the Internet.
Project offer a efficiency way to search book
As an author…Favor of Authors who write special topic can also
sell their books online, they do not concern about cost in printing and storing books.
Increase authors’ popularity by putting their books on popular search engineer.
As a search engineer…Favor of Well know search engineer can earn
money by promoting books on library
Oppose books may be extinct since reading
habit change. Example: HMV CDs Some countries do not protect copyright
very well, copyright problem occur and authors’ revenues reduce.
Q.3The proposed settlement gives Google an unfair advantage?
The proposed settlement would give Google the right :• To display the books online and• To profit from them by selling access to
individual textsIn fact, Google is not the only one who can get
advantages Readers, public, publishers, and authors are also
benefitedThen, I’ll talk about the advantages that they can get
Readers and the public Easily discover new books Easily find relevant books More options to access books No limited time and number of users Renew access to millions of out-of-print books Enjoy the rare documents again
Publishers and authors
Discover new readers Increase publicity Google is famous -> good to book sales Strengthen relationship between them and
readers Share revenue to directly profit from the
project
Google Gain a considerable revenue Occupy a significant market place Highly enhance its service Own a license that covers orphan books
Unfair? Google has already paid $125 million for the
compensation As I said before, all parties can be benefited Win-win situation In fact, other search engines or companies
may not have the ability to run the project successfully
The advantages are only business advantages Therefore, the proposed settlement does not
give Google an unfair advantage
Part B
China Situation:A show of IP protection
Example:Corrupt CDs USA vs China on economy 15 Apr 2007 USA claim:
“China should corrupt pirate CDs !!”
China reply:“Fine, I corrupt then.”
Example: Pirated mobile DIGITIMES, 2009/8 Faster development & Lower Price
High performance as the True Copy
Pirate Mobile 37.4%
Example: Pirated mobile
China cancelled the requirement of Mobile Production License and require the license for selling instead
A recognition about pirate mobiles
Example: Pirated mobile In 2009, the exportation of pirated mobile
is:
140,000,000 mobiles
Source from:經濟觀察報 王芳
Hong Kong Situation:Overkill towards the Pirates
Part B
Example:The first one who arrested due to BitTorrent sharing
古惑天皇 Criminal, Jail for 3 months The movies he uploaded are《夜魔俠》
(2003)、《選美俏臥底》 (2001),以及《宇宙深慌》 (2001) from his interview
Obviously not serious harm to the copyright owner
Example:A draft law of IP Protection towards the Internet
Copyright owner not really care about Derivative works on their creations
Example:A draft law of IP Protection towards the Internet
Government “If the action can be proven that
harming the copyright” Not clear enough statement
Source:《 2011年版權(修訂)條例草案》
Example:A draft law of IP Protection towards the Internet
Fair use doctrine“Factor to consider when evaluating the use of copyrighted material”
Conclusion
Copyright ? Really a law for protecting the
Intellectual Property?
Economy Factor Political Factor
END
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