Because of our scale and because of the amounts of money that we have, Google has to be more careful with respect to launching products that may violate other people's notion of their rights. But also, frankly, we find ourselves in litigation and the litigation was expensive, and diverts the management team, etcetera, from our mission. In the cases that you describe, most of the litigation in my judgment was really a business negotiation being done in a courtroom. And I hate to say that, but that is my personal opinion. And in most cases a change in our policy or a financial change would in fact address many of the issues.
Without commenting specifically on AP [Associated Press] or AFP [Agence France Presse] or the book publishers, we have to respect the copyright owners' information, and it's okay to disagree on the precise aspects of the law, but no one at Google is suggesting that we are not subject to copyright law. In the United States there is a fairly well-established doctrine of fair use. And depending on which graduate school or legal school the lawyer went to, they disagree on precise details. The ones who went to this law school agree on one thing and the ones that went to this law school went to another. And I've learned that the law is not as crisply defined in this area as you might want. So in our case, we've analyzed this pretty carefully. We believe that the library work we're doing, given that we're not, in fact, reproducing the book but rather simply a snippet and then we have a pointer to the book, is absolutely permitted by fair use. Reasonable people can disagree with that, but that is our view and we spent a lot of time on it. And I don't think we're going to change our tune on that.
Posted by
Peter Suber at 8/21/2006 11:02:00 AM.
The open access movement:
Putting peer-reviewed scientific and scholarly literature
on the internet. Making it available free of charge and
free of most copyright and licensing restrictions.
Removing the barriers to serious research.
I recommend the OA tracking project (OATP) as the best way to stay on top of new OA developments. You can read the OATP feed on a blog-like web page or subscribe to it by RSS, email, or Twitter. You can also help build the feed by tagging new developments you encounter.
