The Google Book Settlement is seriously flawed in a number of ways, but the parties who constructed it continue to fight. Some would say that they are 'ducking and diving' and rolling out their charm offensive. In a sign that they must now think that they are on the ropes, they have pulled out yet another rabbit out of the hat, this time changing the construct of the governing body of the board to have two non-US representatives on it. They are also undertaking to consult European publishers before cataloguing some European works in its digital libraryIt’s ironic that this has been conceded on the day that Europe meets to discuss the settlement, but it shows the level of opposition that Europe has finally and rightly mustered. It’s a pity that some publishing bodies didn’t stand up, but maybe their perceived vested interests lay elsewhere.
So once again we have a moving target, or what some may say is a patchwork quilt. What it clearly shows us is that there was a case with respect to foreign works. However appeasement is difficult as it isn’t just Europe and the US who publish, or are even the only signatories to the Berne convention and orphans are still being taken exclusively without recall.
The problem with this 'tome raid' is that it has something to offer everyone. There are parts we all would support, but the shame is that there are but a few who would support the whole settlement. That is the issue – it divides us, not unites us and is so complex that many don’t really understand it.
We hope still that the judge rejects it but await the next rabbit and concession to be pulled out if the hat.
