The Google World of Books
Gerald Trites

When Google announced a couple of years ago that they were going to digitize the world's books, a few eyebrows were raised. They began with all the books whose copyright had expired. Copyright laws vary, but in most countries, copyrights expire after a period of time, like 50 years, at which time they become part of the public domain. There can be exceptions, but this depends on the actions of the individual authors, if still alive, or their estates, or other interested people. So digitizing the books in the public domain is not really a big deal.

Then Google extended their realm to obtain the specific permission of copyright holders for books not in the public domain. Again, this was not too big a deal because it at least respected the rights of the authors.

A big change took place, when they proposed to digitize all books, and pay the authors part of the proceeds, with the provision that the authors could opt out if they wish. This was a significant change, because it put the onus on the authors to opt out rather than seeking their permission. It was a negative assurance approach to copyright law.

Although some groups support the idea because of the perceived advantages of having digitized books, many opposed it. One of the main arguments against it has been the fact that Google is essentially claiming full digital rights to these books, thus taking away a significant part of the copyright benefits of authors and publishers.

Of course it has been challenged in the courts and in a class action suit settlement last year, Google was granted the rights to digitize all out-of-print books, which covers many not in the public domain. The settlement essentially gives Google a monomoly over the digitization of books and tramples over the rights of authors, their heirs and traditional publishers. The US Department of Justice, which monitors things like concentration of economic power and monopolies, is concerned and has launched hearings. Most recently the head of the copyright division in the US has voiced opposition to the settlement.

This is a vastly important case. The attempts of Google to corner the market for digital books needs to be curtailed. The field needs to be left open to competition and competitive market forces. This is in the long run interests of everyone.

Information wants to be free. The internet makes that possible to a greater extent than ever before, but it must be recognized it will never all be free. Free market forces remain relevant. Placing a significant chunk of that information under the control of one large company is the absolute wrong way to go.

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