From The New York Times
Ruling Spurs Effort to Form Digital Public Library
By Miguel Helft
Is the tantalizing dream of a universal library dead?
Some scholars and librarians across the country fear it may be, now that a federal judge in New York has derailed Google’s bold plan to build the world’s largest digital library and bookstore. With 15 million books scanned, Google had gotten closer to the elusive goal than anyone else....
But others, who were troubled by Google’s plan, have hailed the ruling. They see it as an opportunity to bring new urgency to a project to create a universal public library — one that, they say, would be far superior to Google’s because it would not be commercial....
But the settlement was rejected in federal court last month, in part because it turned copyright law on its head, giving Google the right to profit from a book unless its author or publisher objected. This was a particular problem for “orphan books,” out of print titles whose authors and publishers cannot be easily found. Since no one else would be able to obtain a license to those books, Google would have a de facto monopoly on millions of texts.
The digital public library will face the same problem.
“I think the biggest obstacle is copyright,” said Pamela Samuelson, a professor of law and information management at the University of California, Berkeley who opposed the settlement and is working on legal issues facing the digital public library.
Backers of the project say they will lobby Congress for legislation that would make it easier to provide access to orphan books. Meanwhile, others are chipping away at the millions of orphans, trying to find rights holders and to determine which books have fallen into the public domain....