There's a long and thoughtful piece in the New York Review of Books by Robert Darnton on "Google and the Future of Books." Darnton is a renowned Harvard scholar on the history of the book and the director of the university's library.

The NYRB piece negotiates the twin aims of promoting development through commerce and copyright on the one hand and enlightening as broad a segment of the public as possible through wide and free access to books on the other. Darnton explores the costs and benefits of Google's having effectively captured the right to publish electronic versions of U.S. literature thanks to the settlement of the class action by publishers.

It may be that Canada, as a small bystander, can do nothing to avoid the gravitational force of the American result. Or, careful and timely action — perhaps in concert with the Europeans — might mean a different fate for our literature. But whatever conclusion you reach, you will be provoked to think by Darnton's article.

Herewith some excerpts to intrigue:

[I]f we permit the commercialization of the content of our libraries, there is no getting around a fundamental contradiction. To digitize collections and sell the product in ways that fail to guarantee wide access would be to repeat the mistake that was made when publishers exploited the market for scholarly journals, but on a much greater scale, for it would turn the Internet into an instrument for privatizing knowledge that belongs in the public sphere. No invisible hand would intervene to correct the imbalance between the private and the public welfare. Only the public can do that, but who speaks for the public? Not the legislators of the Mickey Mouse Protection Act.

After reading the settlement and letting its terms sink in—no easy task, as it runs to 134 pages and 15 appendices of legalese—one is likely to be dumbfounded: here is a proposal that could result in the world's largest library. It would, to be sure, be a digital library, but it could dwarf the Library of Congress and all the national libraries of Europe. Moreover, in pursuing the terms of the settlement with the authors and publishers, Google could also become the world's largest book business—not a chain of stores but an electronic supply service that could out-Amazon Amazon.

This outcome was not anticipated at the outset. Looking back over the course of digitization from the 1990s, we now can see that we missed a great opportunity. Action by Congress and the Library of Congress or a grand alliance of research libraries supported by a coalition of foundations could have done the job at a feasible cost and designed it in a manner that would have put the public interest first

Finally, an irrelevancy I couldn't resist. The NY Review has a greatly appealing favicon in the form of Shakespeare's head. That someone could recognize the Bard in a 16 X 16 pixel format is remarkable:

Simon Fodden is the founder of Slaw. He taught law at Osgoode Hall Law School for more than 30 years before he retired to focus on writing, publishing, and IT and law.
[click on the author's name for more information]

up

Comments are closed.

SlawTips      

SlawTips Top 10 Financial Errors: #9 Avoid Having a Written Office-Sharing or Partnership Agreement
Thursday, February 9

Max Amsterdam once said: “Business is the art of extracting money from another man’s pocket without resorting to violence.” The purpose of having a written agreement between all … »»

Practice

SlawTips Open Access Journals
Wednesday, February 8

There is good leagal content that doesn’t necessarily come in the neat packages that we usually look in.  Though our commercial legal database subscriptions have linked, vetted, edited, and easily. […] »»

Research

SlawTips Use join.me to Get on the Same Page Across the Web
Wednesday, February 8

When you need to collaborate on a document displayed on your screen, it’s great to have a colleague from down the hall come into your office and look over your … »»

Technology

noted on Slaw    

MLB Selected Case Summaries    

These summaries of selected recent cases are provided each week to Slaw by Maritime Law Book.
More information.

  • Banks and Banking - Liability of banks to third parties - Negligence - General

    The plaintiffs were the former shareholders of a company that failed. They sued the defendant bank alleging that it breached its contract with the company and the plaintiffs and breached a duty ...

  • Actions - Cause of action - General principles - New or extended cause of action - Opening of floodgates

    The plaintiff and defendant worked at different branches of the same bank. The defendant’s common-law husband was the plaintiff’s ex-husband. Over a four year period, the defendant ...

  • Aliens - Definitions and general principles - Immigration consultants

    The Canadian Society of Immigration Consultants (CSIC) had been designated as the sole regulatory body of immigration consultants in Canada from 2004 until June 2011. On June 30, 2011, Bill C-35 came into force, which significantly amended ...

  • Criminal Law - Sexual offences, public morals and disorderly conduct - Public morals - Obscenity - Possession of child pornography

    The accused was convicted of making child pornography available and two counts of possession of child pornography (see [2010] Sask.R. Uned. 197). Subsequently, he was sentenced ...

  • Criminal Law - Procedure - Charge or directions - Jury or judge alone - Directions regarding pleas or evidence of witnesses, co-accused and accomplices

    Rowe was convicted by a jury of five offences. He appealed.

    The Ontario Court of Appeal allowed ...

  • Narcotic Control - Offences - Possession - General

    The accused wished to access marijuana for medicinal purposes but did not have an authorization to possess marijuana issued under the Marihuana Medical Access Regulations. He was notified that a package of marihuana addressed to him had been ...

  • Narcotic Control - General - Legislation - Exemptions - Medicinal marijuana

    McCrady, who had an application pending under the Marihuana Medical Access Regulations (MMAR) to possess and grow marijuana, was convicted of possession of marijuana (Controlled Drugs and Substances Act (CDSA), s. 4(1)). Hearn pleaded guilty ...

  • Criminal Law - Sentence - Trafficking in hashish or marijuana (incl. possession for purposes of trafficking)

    The accused pleaded guilty to one count of possession of marijuana for the purpose of trafficking. He was sentenced to 30 days’ imprisonment to be served intermittently and 11 months’ ...

  • Municipal Law - Powers of municipalities - Particular powers - Imposition and collection of taxes or fees 

    Catalyst Paper Corp. operated a paper mill in the District of North Cowichan. Catalyst objected to the tax rate that it paid compared to residential ratepayers. In 2009, the ...


law foundation icon

The re-development
of Slaw is assisted by
a grant from the
Law Foundation of Ontario

TalkLaw/ParLoi    

This is a listing of a few upcoming events in Canada of interest to lawyers, law students, legal librarians, and others involved in the practice of law.

Clicking on any event in the list below will give you access to more information and to links allowing you to see the full entry and to add the event to your own calendar.

Click this link for a fuller version of the TalkLaw/ParLoi calendar of events and for instructions as to how to add events and calendars to your own calendar.

Switch to our mobile site