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Model Language on Library Data Ownership
In September, Carl Grant wrote a blog post on the ownership of library data ("We have a problem... another vendor appearing to need education about exactly WHO owns library data") that has been rolling around my own thoughts for, well, months. The spark of Carl's post was a Twitter conversation …
Posted on· 5 minutes reading time -
AIME v UCal Decision Says Streaming Equivalent to Public Performance
The title of this post was updated (replacing "Display" with "Performance") a day after it was originally published. See the update at the bottom of the post for more details.
Last week a federal district court in California decided in favor of the University of California defendants in a lawsuit …Posted on· 6 minutes reading time -
Thursday Threads: HarperCollins, Google Book Search Settlement, DPLA, Juggling Robots
It is another e-books issue of DLTJ Thursday Threads with updates on three significant efforts: HarperCollins, Google Book Search Settlement, Digital Public Library of America. And, just for fun and to keep this from turning into purely a legal and blue-sky policy blog, we have a video of juggling robots …
Posted onand last updated March 28, 2022· 7 minutes reading time -
Thursday Threads: Google Books Settlement, Cornell on NDAs, Hans Rosling on Literacy
This week's big news is hard to miss -- we have a decision by the judge evaluating the settlement agreement in the Google Book Search lawsuit. This is probably the first of many follow-ups in DLTJ as this case keeps taking interesting twists and turns. Also of note this week is …
Posted onand last updated January 15, 2018· 7 minutes reading time -
Google Book Search Settlement Rejected
Wordle of the Opinion Rejecting the Google Book Search Settlement Agreement This afternoon, Judge Denny Chin released the opinion of the court rejecting the proposed settlement agreement between authors/publishers and Google in the Google Book Search settlement. ARL's Public Policy Twitter account seems to have been the first to …Posted on· 3 minutes reading time -
Thursday Threads: OCLC Moves to Dismiss SkyOCLC, UCLA Sued For Streaming, Paving Cow Paths, Origins of #
This week's Thursday Threads highlights includes two legal cases that bear watching. The first is the case of SkyRiver/Innovative Interfaces versus OCLC (covered on DLTJ previously); now that the case has been moved to OCLC's home court (the federal district court located in Columbus, OH), it is asking for …
Posted on· 8 minutes reading time -
A History of the OCLC Tax-Exemption Status
One of the baffling elements I've found in discussions of the history of OCLC is that of its tax exempt status under Ohio law. The latest example of this comes from documents filed in the SkyRiver/Innovative-vs.-OCLC case that make disparaging remarks about how OCLC got its state tax-advantaged …
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Early September Summary of the SkyRiver/Innovative vs. OCLC Case
On September 9th, OCLC filed its first substantial response with the court to the antitrust lawsuit file by SkyRiver and Innovative Interfaces. And in a motion where OCLC requests a change of venue from the Northern District of California to the Southern District of Ohio — something seemingly mundane — they certainly …
Posted on· 6 minutes reading time -
Interesting Google Book Search Settlement Bits in Advance of Thursday's Fairness Hearing
Thursday will be a big day in the Google Book Search lawsuit settlement: the parties to the lawsuit, along with the objectors, supporters, and friends-of-the-court, will be in the courtroom of United States District Judge Denny Chin offering oral arguments in the final settlement/fairness hearing. In his order, Judge …
Posted on· 3 minutes reading time -
Revised Google Book Search Settlement from a Library Perspective
Late, late in the day last Friday, the principle parties in the Google Book Search case submitted a revised settlement agreement agreement to the court. This post takes a look at the changes to the settlement from a library perspective. To keep this manageable, I'm not including discussion of library-oriented …
Posted on· 11 minutes reading time -
Google Book Search Settlement Hearing Is Likely Postponed
Late today comes word that the plaintiffs (authors and publishers) and defendant (Google) have asked the court to postpone the settlement fairness hearing originally scheduled for October 7th. According to the memo from the parties supporting the request, the spark for this comes from the U.S. Department of Justice's …
Posted on· 3 minutes reading time -
Comments on Google Book Search Settlement Coming to a Head (Again)
Ah, it is the beginning of September when thoughts turn to going back to school, the days turn a little colder (in the northern hemisphere) and the smell of lawsuit briefs is in the air. Well, okay -- the latter might not be what you expect, but this is a special …
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Interesting Bits in the Univ of Michigan Amendment to Google Book Search Agreement
On Tuesday, the University of Michigan and Google executed an amendment to the original agreement that started Google's efforts to create a collection of scanned books. The amendment was publicized in a press release by the University of Michigan and described in a page that summarized the changes. That summary …
Posted on· 5 minutes reading time -
Summary of Recent Google Book Search Settlement Activities
Today was to be the deadline for objecting to, opting out of, and/or filing briefs with the court on the Google Book Search Settlement. That was the plan, at least, when the preliminary approval statement from the court was issued last year. That deadline changed, and that is part …
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Library Associations File Amicus Brief for Google Book Search Settlement
The American Library Association (through the Association's Washington Office and the Association of College and Research Libraries Division) and the Association of Research Libraries filed a brief [PDF] with the court in support of the Google Book Search Settlement while asking the judge to "exercise vigorous oversight" over details the …
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Intervention by IA Denied; Deadline for Objections Extended
New York Judge Denny Chin recently issued two rulings in the Google Book Search settlement. In the first, he ' the request by the Internet Archive to intervene as a defendant in the lawsuit (and thus, presumably, be on firmer founding to guide aspects of the settlement). In his response, Judge …
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On How Physical and Electronic Differ for Library Materials
I'm reading the notes from the Atlanta OLE Project regional workshop and right up at the top are these two statements that struck me as insightful. The first gets to the heart of how physical items in a library are different from digital items with respect to library service commitments …
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Durham Statement on Open Access to Legal Scholarship
Earlier this month a group of law schools released a statement promoting open access publishing of law school journals. Called the Durham Statement on Open Access to Legal Scholarship, it was signed by representatives from Duke, University of Virginia, Georgetown University, University of Pennsylvania, Cornell University, Yale University, Stanford University …
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Google Book Search Settlement and Library Consortia
The Google Book Search Settlement Agreement includes two points where library consortia come into play: discounts for institutional subscriptions and receipt of digitized books by members of a consortium. The Google Book Search Settlement calls such consortia "Institutional Consortia" and the definition of that phrase and the places in the …
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Preliminary Court Approval of Google Book Settlement; Final Approval Hearing Set
The Associate Press reported on Monday evening that the court has given preliminary approval to the settlement negotiated between Google and book authors and publishers over the use of copyrighted materials in the Google Book Search Library project. In giving preliminary approval, Judge John E. Sprizzo authorized the publication of …
Posted on· 4 minutes reading time