Entries tagged with “google” from Tools of Change for Publishing

William Patry delivering Frey Lecture in Intellectual Property Law at Duke

Google Senior Copyright Counsel Bill Patry, who will be one of our keynote speakers at TOC 2010, delivered a great lecture at Duke last month dissecting the "moral panic" approach to copyright debate, as exemplified by the late Jack Valenti, former CEO of the MPAA. His talk is just under 30 minutes, and then he goes into Q&A with the audience. I particularly appreciated his point that copyright is a social structure, not a moral one, and not one that's based on property rights.

Posted via web from TOC Posterous

Google's Browser-Based Plan for Ebook Sales

BEA '09 may be remembered as the moment when Google formally entered the ebook market. From the New York Times:

Mr. [Tom] Turvey [director of strategic partnerships at Google] said Google's program would allow consumers to read books on any device with Internet access, including mobile phones, rather than being limited to dedicated reading devices like the Amazon Kindle. "We don't believe that having a silo or a proprietary system is the way that e-books will go," he said.

He said that Google would allow publishers to set retail prices. Amazon lets publishers set wholesale prices and then sets its own prices for consumers. In selling e-books at $9.99, Amazon takes a loss on each sale because publishers generally charge booksellers about half the list price of a hardcover -- typically around $13 or $14.

In addition -- and this is pure conjecture on my part -- Google's push into HTML 5 is a potential shot across the bow of e-reader manufacturers. Assuming it's widely implemented, HTML 5 will further blur the line between standalone software and Web browsers/cloud-based content. Toss in Google's Chrome browser and the Gears plugin and you can see how the dots (might) connect.

According to the Times, Google intends to launch its ebook project in 2009. This effort is separate from the pending Book Search agreement.

Google's Distribution Advantage Has Its Limits

Scott Karp has an insightful (and provocatively titled) piece over on the Publishing 2.0 blog about just how deeply Google has inserted itself in Web distribution of content. While much of the piece is about linking, one paragraph in particular is worth calling out for traditional publishers (emphasis added):

If media companies want to compete with Google, they need to look at the source of its power — judging good content, which enables Google to be the most efficient and effective distributor of content. They also need to look at Google’s fundamental limitation — its judgment is dependent on OTHER people expressing their judgment of content in the form of links. Above all, they need to look at sources of content judgment that Google currently can’t access, because they are not yet expressed as links on the web.

"Content judgment" is a neat way to put it, reinforcing that when there's already more than 1 trillion web pages in Google's index value is shifting away from more content toward better filtering and curating of what's already there. (Or as Clay Shirky says, it's not information overload, it's filter failure.) While many publishers fret about customers no longer paying for content, they may miss the boat by not realizing that customers will pay for packaging and convenience (which often means judgment and filtering). For example, at the same time the market for our printed reference books has declined, our Safari online subscription service has steadily grown at a double-digit pace, in part because those subscribers value the implicit filtering of the library.


Sony-Google Deal Adds 500k Public Domain Books to E-Reader

Sony is adding 500,000 public domain EPUB-based titles to its Reader catalog through a partnership with Google. Paul Biba at Teleread examines Sony's rationale:

Sony's apparent intent, meanwhile, beyond adding value to the Reader, will be to use public domain books in ePub to entice people to install its software and in time buy its reader devices.

In the exclusive TeleRead interview, Steve [Haber, President of Sony's Digital Reading Division] emphasized that this program is part of Sony's commitment to an open platform, as opposed to the closed platform of its major competitor (hint, hint, the name starts with an A). The ePub conversion is being done by Google itself, as noted; and Sony and Google are exploring ways to make copyrighted ePub material available.

Catalog expansion and mobile devices are propelling recent ebook/e-reader announcements. Google Book Search opened mobile access to its archive of public domain books in February, and Amazon recently made its Kindle titles available to iPhone and iPod Touch users through a free iPhone app.

Google Opens Mobile Access to Public-Domain Books

Via a Google press release, word that visiting books.google.com/m provides mobile access to 1.5 million public-domain books from within Google Book Search:

Today, we're making it possible for anyone with an Android or an iPhone to find and read more than 1.5 million public domain books in the US (more than half a million outside the US) in the Google Book Search index for free on their mobile phone, from anywhere with Internet access. It's possible for a commuter on a passenger train to read classics like Pride and Prejudice right along with lesser known works like Novels and Letters of Jane Austen, or for a student in India to read Shakespeare's "Hamlet" on her iPhone, all via a simple website accessible from your mobile phone.

So far, the mobile edition only offers browser-based access (Web-style scrolling, no offline access, no remember-my-place), but an interesting addition to the emerging and important mobile reading space. Screenshot below (or click here if you can't see the screenshot).

gbs-iphone.jpg

Google will be at next week's TOC Conference talking about the past, present and future of GBS.

Google Doesn't Have Answers for Newspapers

Fortune Magazine has an interesting interview with Eric Schmidt about Google's relationship with newspapers:

Maybe their time [newspapers'] has just come and gone?

No. They don't have a problem of demand for their product, the news. People love the news. They love reading, discussing it, adding to it, annotating it. The Internet has made the news more accessible. There's a problem with advertising, classifieds and the cost itself of a newspaper: physical printing, delivery and so on. And so the business model gets squeezed.

So what else can Google do?

We have a mechanism that enhances online subscriptions, but part of the reason it doesn't take off is that the culture of the Internet is that information wants to be free. We've tried to get newspapers to have more tightly integrated products with ours. We'd like to help them better monetize their customer base. We have tools that make that easier. I wish I had a brilliant idea, but I don't. These little things help, but they don't fundamentally solve the problem.

Magazines Now in Google Book Search

Google is adding back issues of magazines to its Book Search index. From the Official Google Blog:

Try queries like [obama keynote convention], [hollywood brat pack] or [world's most challenging crossword] and you'll find magazine articles alongside books results. Magazine articles are tagged with the keyword "Magazine" on the search snippet.

Over time, as we scan more articles, you'll see more and more magazines appear in Google Book Search results. Eventually, we'll also begin blending magazine results into our main Google.com search results, so you may begin finding magazines you didn't even know you were looking for. For now you can restrict your search to magazines we've scanned by trying an advanced search.

The Associated Press says Google will share advertising revenue generated by Google ads with magazine publishers. Embedded advertising from the original print editions remains intact as part of the overall archive. It'll be interesting to see how Google and magazine publishers coordinate on ads if/when publishers seed current editions into the service.

In recent months, Google also released a similar newspaper archive through Google News and a large collection of photos from LIFE magazine.

EFF Attorney: Google Book Search Settlement Weakens Innovation

In an editorial in The Recorder, Fred von Lohmann of the Electronic Frontier Foundation says Google's settlement with publishers and authors signals an implicit abandonment of Google's legal team working on behalf of innovation across Silicon Valley:

.. By settling rather than taking the case all the way ... Google has solved its own copyright problem -- but not anyone else's. Without a legal precedent about the copyright status of book scanning, future innovators are left to defend their own copyright lawsuits. In essence, Google has left its former copyright adversaries to maul any competitors that want to follow its lead.

Google will doubtless be considering the same endgame for the Viacom lawsuit against YouTube. If Google can strike a settlement with a large slice of the aggrieved copyright owners, then it solves the copyright problem for itself, while leaving it as a barrier to entry for YouTube's competitors.

But when innovators like Google cut individual deals, it weakens the Silicon Valley innovation ecology for everyone, because it leaves the smaller companies to carry on the fight against well-endowed opponents. Those kinds of cases threaten to yield bad legal precedents that tilt the rules against disruptive innovation generally.

APIs, New "Transactions" and the Google Book Search Registry

At PersonaNonData, Michael Cairns discusses the Google Book Search registry, and muses whether it might support certain types of transactions through an API:

How the registry may be formed is anyone's guess, but for sake of argument I envision a pyramidal structure. The identifier segment forms the pointy top layer, bibliographic data the second layer, content the third and the 'transaction gateway' the bottom tier. Then again maybe it's a cube and I should be adding subjects, a retail/library segmentation, and transactional details like rights information. Regardless, it seems to me combining each of these segments into a registry might engender significant opportunities to improve the publishing supply chain. But more than that, the combination I suggest works better for the on-line world than the off which is the failing of the current crop of ISBN databases (including Amazon.com) ...

... The most obvious application enabled via the 'transaction gateway' would be purchase but a 'transaction' can be many things: views, queries, checkin-out, use rights, syndication and may more. An open service architecture would enable development of third party API's that could result in all kinds of new applications but existing ones would also benefit as well. Worldcat and Copyright Clearinghouse applications are good examples where users could find the physical content in a library or attain usage rights from CCC.

Android Barcode App Connects to Google Book Search

Google has released a nifty Android app that permits the scanning of a book's barcode, enabling the linkage with the corresponding work in Google Book Search. From E-Reads:

"Google has announced a book-text search tool called the Barcode Scanner that works with an Android-powered cellphone. According to Google Book Search engineer Jeff Breidenbach, when you download the software into your Android and point your phone camera at a book's barcode, "it will automatically zoom, focus and scan the ISBN - without you even needing to click the shutter...You'll then have the option to search the full text of the book on Google Book Search right away"

Google Responds to Some Book Search Questions

Shortly after last week's Google Book Search announcement, Siva Vaidhyanathan posed a number of questions about the agreement's impact on publishers, libraries and consumers.

Google responded, and today Vaidhyanathan offers paraphrased answers and additional analysis:

The agreements with and about publishers, libraries, and the registry were all non-exclusive, as is the habit and tradition of Google's approach to competition in the Web business. The registry will be started with Google funds, but it will be an idependent non-profit that may deal with the Open Content Alliance and other services without restriction from Google. Generally, Google's lawyers don't see this service as presenting a "typical anti-trust" problem. There are so many segments to the book market in the world, including real bookstores, online stores such as Amazon.com, and used-book outlets that no one may set prices for books (even out-of-print books) effectively. There is always a competing source - including libraries themselves.

There's additional coverage in Vaidhyanathan's post.

(Via Jose Alonso Furtado's Twitter stream.)

A Call for Tiered Access to Google Book Search Terminals

Peter Brantley says proposed public access (pdf) to Google Book Search library terminals is too restrictive, particularly in areas serving underprivileged populations:

This is not an economic matter; it is a social foundation. A library is a refuge; you can provide solace in that refuge, and a promise for a different and better kind of future. It is morally incumbent upon you to do so.

I propose that public terminals be accessible on a tiered basis. If a certain percentage of a public library's served population falls beneath the poverty level or a similar metric, the number of public access terminals is commensurately increased.

EFF's Concerns About the Google Book Search Settlement

The Electronic Frontier Foundation (EFF) notes that the Google Book Search settlement accomplishes a degree of access that litigation might have taken years to develop, but it also observes areas of concern: fair use, innovation, competition, access, public domain and privacy.

Innovation: It seems likely that the "nondisplay uses" of Google's scanned corpus of text will end up being far more important than anything else in the agreement. Imagine the kinds of things that data mining all the world's books might let Google's engineers build: automated translation, optical character recognition, voice recognition algorithms. And those are just the things we can think of today. Under the agreement, Google has unrestricted, royalty-free access to this corpus. The agreement gives libraries their own copy of the corpus, and allows them to make it available to "certified" researchers for "nonconsumptive" research, but will that be enough?

Full analysis available at EFF.org

Harvard Won't Permit Google Scans of In-Copyright Material

Harvard University Library (HUL) has been a partner in Google's library scanning project since 2004, but the boundaries of that partnership will not expand to the in-copyright works covered under Google's new Book Search settlement. From the Harvard Crimson:

In a letter released to library staff, University Library Director Robert C. Darnton '60 said that uncertainties in the settlement made it impossible for HUL to participate.

"As we understand it, the settlement contains too many potential limitations on access to and use of the books by members of the higher education community and by patrons of public libraries," Darnton wrote.

"The settlement provides no assurance that the prices charged for access will be reasonable," Darnton added, "especially since the subscription services will have no real competitors [and] the scope of access to the digitized books is in various ways both limited and uncertain."

The Crimson notes that Harvard will continue to allow scanning of books with expired copyrights.

(Via Jose Alonso Furtado's Twitter stream)

Connecting the Dots Between Google Book Search and Android

Ed Nawotka of Beyond Hall 8 discusses the possibility that the Google Book Search settlement permits them to envision product delivery through Android-capable devices:

Perhaps most important of all is how this cements Google as the industry leader in the distribution of digital books. Sure, there's Amazon with its Kindle...and the Sony E-reader...each with hundreds of thousands of titles available. But what happens when Google links its open source Android operating system -- now powering cellphones -- to the Google Book Search? You will, quite literally, have a library in the palm of your hand.

Reaction to Google Book Search Settlement

Updated 10/30, 7:53 AM -- Publishing experts, bloggers and interested parties are weighing in on the Google Book Search settlement. I'll be updating this post as new material comes in. If you see something that deserves notice please post a comment:

Posts Added October 30

On the Google Book Search agreement
(Larry Lessig, Lessig Blog)

The hard question for the registry is how far they will go to support the range of business models that authors and publishers might have. E.g., Yale Press "Books Unbound" and Bloomsbury Academic both have Creative Commons licensed authors. Will the registry enable that fact to be recognized? Indeed, though the comment was made by someone from the plaintiffs' side that it would be "perverse" for authors to choose free licensing, it is perfectly plausible that an author would choose to make his or her work available freely electronically, but contract with one commercial publisher to deal with selling the physical book, or licensing rights commercially. That, again, is the Bloomsbury Academic business model. Ideally, this non-profit should encourage the widest range of rights-respecting business models. One clear signal about what kind of organization this is will come from this.

Posts Added October 29

My initial take on the Google-publishers settlement
(Siva Vaidhyanathan, The Googlization of Everything)

From the beginning, this has seemed to be a major example of corporate welfare. Libraries at public universities all over this country (including the one that employs me) have spent many billions of dollars collecting these books. Now they are just giving away access to one company that is cornering the market on on-line access. They did this without concern for user confidentiality, preservation, image quality, search prowess, metadata standards, or long-term sustainability. They chose the expedient way rather than the best way to build and extend their collections.

Short Term Profits Over Long Term Principles; Google's Caving On Book Scanning Is Bad News (Mike Masnick, Techdirt)

... it's quite upsetting to see Google cave on this. The settlement does not establish any sort of precedent on the legality of creating such an index of books, and, if anything pushes things in the other direction, saying that authors and publishers now have the right to determine what innovations there can be when it comes to archiving and indexing works of content. Unfortunately, this was really inevitable. As was the case with Google caving on YouTube and the Associated Press, it becomes a situation where Google realizes it can throw a little cash at the problem to make it go away -- while also creating a large barrier to entry for any more innovative startup. From a short-term business perspective this might make sense, but from a long-term business perspective (and wider cultural perspective) it's terrible.

Google Book Search Lawsuit Settled, Fair Use Questions Remain ... (Sherwan Siy, Public Knowledge)

But while the legal landscape isn't altered too much by the settlement, the practical landscape could be. Rightsholders and other potential plaintiffs might view this settlement as the model for all future relationships with digitization efforts--if Google pays for digitizing, why shouldn't everyone else? Such a landscape might make a plaintiff more likely to sue, although the results in court, ideally, shouldn't differ, with or without this settlement in place.

Boondoggle in Google Rights Win? (Warning, Rant) (Erik Sherman, Erik Sherman's WriterBiz)

Going forward, people will buy books they want online and libraries will pay for access. Who gets 37 percent of the revenue? Google. Plus, there's advertising revenue and Google gets the same percentage of that. So for $125 million, it's probably nailed down many, many times more future revenue. This will turn out to be a pretty cheap business acquisition for them.

Author's Guild Settlement Insta-Blogging (James Grimmelmann, The Laboratorium)

The issue is that this is a class-action settlement requiring judicial approval to bind all authors. It's practically impossible for anyone else to take advantage of Google's terms without filing suit to obtain a similar class-binding order. Individual license negotiation -- the route that Google considered and rejected when it started the project -- is utterly infeasible. Since voluntary negotiation can't produce the result one needs to do comprehensive indexing, there's still no market for it, and this settlement therefore shouldn't prejudice future fair use claims by search engines.

Read more…

Google Reaches Book Search Settlement

Google has announced a settlement plan for the suits filed by the Association of American Publishers and the Authors' Guild. From the Google Book Search site:

Today we're delighted to announce that we've settled that lawsuit and will be working closely with these industry partners to bring even more of the world's books online.Together we'll accomplish far more than any of us could have individually, to the enduring benefit of authors, publishers, researchers and readers alike.

It will take some time for this agreement to be approved and finalized by the Court ...

Publishers' Weekly says Google will pay $125 million and institute a new licensing system as part of the settlement. Section 2.1 of the settlement agreement (pdf) details the settlement payments and licensing structure.

Additional information is available on the primary Book Search site and a separate settlement site.

TOC Recommended Reading

In Defense of Piracy (Lawrence Lessig, Wall Street Journal)

The return of this "remix" culture could drive extraordinary economic growth, if encouraged, and properly balanced. It could return our culture to a practice that has marked every culture in human history -- save a few in the developed world for much of the 20th century -- where many create as well as consume. And it could inspire a deeper, much more meaningful practice of learning for a generation that has no time to read a book, but spends scores of hours each week listening, or watching or creating, "media."

Where is everybody? (Joe Wikert, TeleRead)

"If you build it, they will come" only works in the movies. If they really want to succeed Borders needs to do something beyond just making all this technology available in the store. Where are the in-store events (e.g., come let us help you research your family name, come see the latest e-book technologies, etc.)? How about signage in other areas of the store that promotes the tech kiosk area?

Mass book digitization: The deeper story of Google Books and the Open Content Alliance (Kalev Leetaru, First Monday)

Both projects offer the ability to search within a particular work, but only Google offers the ability to search across its entire collection. A search across the OCA archive only searches titles and description fields, not the full text of works. The OCA system thus offers a document-centric model, while Google offers both document and collection-based models, allowing broad exploratory searches of its entire holdings: the equivalent of being able to "full text search" a library. The importance of this difference cannot be understated in the limitations it places on the ability of patrons to interact with the OCA collections.

Finding Balance Between User Experience and Web Ads

In a post at Publishing 2.0, Scott Karp compares the advertising value propositions of Google and Facebook:

With Google, the value to users and the value to advertisers is perfectly aligned. Everybody wins.

With Facebook, if you read between the lines, it's really the same value proposition as traditional advertising -- advertisers forcing themselves on users, in a way that creates little or no value for the users.

As Karp notes, Google found a way to automatically "opt in" users by serving contextually-relevant advertising with organic search queries and individual Web pages. Value is automatically established because readers are seeing ads connected to their chosen topic.

Expanding on Karp's point, there are two aspects of Google's text ads that have always struck me as innovative:

  1. Simplicity -- On the Web, a short and relevant message delivered at precisely the right moment holds far more power than a flashy ad banner.
  2. Lineage -- The DNA of AdSense and AdWords is closer to editor-picked related links than the broad brand campaigns of traditional advertising.

Google used algorithms to establish advertising dominance, but the fundamental advertisement-user balance Google employs is a mechanism all content creators should keep in mind as they develop their own ad-based projects. Ultimately, effective Web advertising boils down to one simple question: How can ads enhance the user experience?

Amazon and Google Challenging iTunes through Mobile

T-Mobile's Android-based mobile phone will include a connection to Amazon's MP3 store. From Wired's Listening Post:

Owners of the device will be able to browse, search, preview and purchase music on the Amazon MP3 store using the phone's cellular connection. In order for purchased MP3s to download, the phone must be connected via Wi-Fi. (The mobile iTunes store, on the other hand, remains completely offline without WiFi.)

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