In the aftermath of the Google books decision: disappointment … and persistence

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No prophet

U.S. Circuit Judge Denny Chin‘s rejection of a deal between Google and book publishers happened while I was in New York City.  You can read about it here.  The federal judge in Manhattan said the deal, which would allow the search engine company share digitized copies,  “goes too far” and would give Google “a significant advantage over competitors, rewarding it for engaging in wholesale copying of copyrighted works without permission.”

It took a few weeks, but Andrew Herkovic at the Stanford University Libraries has issued his characteristically graceful comment on the Google brouhaha in his newsletter:

BooksIn the wake of last month’s judicial rejection of the proposed settlement of litigation between Google Books and various publishers and authors, there are only two firm facts that can be confidently stated about what’s next: first, nobody, with the possible exception of the litigants, knows anything; and second, the litigants aren’t talking. Thus we have the conditions for rampant public speculation, and many have risen to this temptation. I shall not.

Instead, I remind readers that the scanning of millions of books by the Google Books project has never abated, either at Stanford or among the many other participating libraries. Every weekday, a truckload of books goes to Google and a like number come back from them, in a smoothly choreographed process that assures both safekeeping and tracking of the books. The total to date is in the vicinity of two million volumes, and we anticipate continuing this process for years to come. We do not know how or even if any given book will be used by Google, but we are certain of the utility to Stanford in having our holdings preserved and being made searchable through digitization. We are hopeful of additional beneficial outcomes for Stanford.

The key word in Stanford’s public reaction to the demise of the proposed settlement was “disappointment.” That, almost five years after the class-action suits were initiated against the project, there is no resolution whatever is certainly disappointing; any decision might seem preferable to none. That a startling vision of public access to a vast amount of text as articulated in the proposed settlement has been occluded is another disappointment. That the “orphan works” and other copyright issues remain in limbo is a lesser disappointment, if only because efforts are underway to address them by legislative rather than judicial means. However, the key word I wish you to take away is “persistence.” We persist in scanning books through Google (as well as in our own labs). We persist in developing techniques to help scholars use digitized texts. We may be confident that the litigants will persist in seeking some eventual resolution to the court case. We persist in hoping that the discordance between copyright law and the realities of the digital age will be harmonized, at least with regard to printed literatures, before the century is much further along. We persist in fulfilling a vision and mission that depend on both digital and artefactual means of providing and preserving information.

Looking forward, but unprophetically,

Andrew Herkovic

Clare in NYC

A couple of postscripts:  Speaking of New York, I’ve added a photograph of Clare Cavanagh at last month’s Czesław Miłosz centennary event at the 92nd Street Y – thanks to David A. Goldfarb and his camera.

And, after reading my piece on Kay Ryan‘s Pulitzer, Dave Lull kindly sent me yesterday a Wall Street Journal “Speakeasy” Q&A with Kay Ryan, in which she says:

I never, ever worry about poetry or its survival because it’s the very nature of a poem to be that language that does survive. Poems are even better than tweets – they don’t require any electronic equipment. They can lodge right in your brain. They are by nature short. You don’t even have to remember all of them — you can remember just a phrase. That can be something you can turn to in any emergency, good or bad. You’ll pluck out a little group of words, just maybe a phrase, and that’s exactly what poetry is for. It’s for the things that really last. Because it lasts.


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2 Responses to “In the aftermath of the Google books decision: disappointment … and persistence”

  1. smith Says:

    I google if I want to know about something. I don’t search books.

  2. MindStir Media book publishers Says:

    I have mixed feelings on all of this… I understand where Google is coming from and, as a book publisher myself, I understand the book publisher’s side of things. It’ll be interesting to see how all of this plays out over the next few years.

    -Justin

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