Confusion over Aussie books in Google 'library'

James Riley
Friday, 11 September 2009 10:05

Your IT - Home IT

Australian book publishers will seek further legal advice to gauge the impact of Google’s latest sweetener to counterparts in Europe and the US as the search behemoth seeks to make its sweeping book digitisation program more palatable to content owners.

Australian Publishers Association chief executive officer Maree McCaskill said she would refer the changes to Google’s offering to Sydney-based media and entertainment law firm Simpsons.

Days after Google’s September 4 deadline for publishers to opt-out of the scheme – and after howling protests from European publishing houses – Google said it would let rivals like Microsoft, Amazon and others to re-sell books from the library. The company hopes the measure allays fears that it is setting itself up as a monopoly.

Google conceded ground to European publishers and said it would negotiate separately with European publishers, but has agreed that books commercially available in Europe cannot be displayed to US internet users without the express permission of the content owners.

Google has already digitised more than 10 million books as part of the project. A settlement in a class action of US publishers and authors over Google’s scanning of out of print books without permission has been widened to encapsulate global publishers – including Australians – who had to either opt out of the settlement (and reserve their right to sue Google later) or be treated as part of the US settlement.

The European publishers have made no secret of their disdain for Google’s plan and officially registered their opposition before a hearing on the settlement at the European Commission.

McCaskill said the Australian Publishers Association had sought a legal brief on the issue from Simpsons early this year, and says it will return to the law firm to better understand the later developments. The brief was distributed among APA’s more than 200 members months ago.

She said smaller local publishers were in a bind – without the resources to truly understand how to proceed, but clearly out-matched by Google in legal resources should they attempt to sue the company later.

"We’re not making comment either way," McCaskill told iTWire. "We are saying you need to read through the brief to work out whether you are captured by the settlement, and work out whether to opt in and take your money, or opt in and remove your books, or some of your books – or whether you choose not to participate and therefore reserve your right at a later stage to sue Google."

"But as I have been telling people, I hope you have deep pockets if you are intending to sue Google."

"My gut feel if you were to ask me candidly is that I think quite a lot of the smaller publishers have probably ignored it hoping it would go away," McCaskill said.