But whatever the detail there remains a fundamental problem. It is not that the settlement will give Google indemnity from prosecution should it be found to have scanned books that are in copyright without the copyright owner's position, nor even that it gives Google freedom to exploit scanned content commercially.
It is, rather, that the settlement gives only Google these privileges, and places one company in a prime position to become the world's de facto librarian instead of encouraging open access, open standards and a plurality of services and service providers.
Neither Google nor any other company should be entrusted with that responsibility, and nothing in the detail of the agreement or the funds that will be made available to authors as a consequence can change this.
If Google is given a monopoly, either explicitly in the settlement or implicitly because any other scanning project would be forced to negotiate its own multi-million dollar agreement, then the deal must be rejected.
[Snip]
For those who take that view then letting Google pay to digitise books is an uncontroversial decision, one that can deliver more digital stuff to search through without apparently costing anything.
George Santayana wrote 'those who cannot remember the past are condemned to repeat it', but it may also be true that those who do not care to digitise their own past will end up paying a high price to regain what they give up so thoughtlessly.
If we let Google have its settlement we will all be the poorer. Not for a while, perhaps, but one day we will need more from this new library of Alexandria than Google is willing to offer, and find that the price it demands is more than we can pay.
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