Critics point out that, by giving Google the right to commercially exploit its database, the settlement paves the way for a subtle shift in the companys role from provider of information to seller. Googles business model has always been to provide information for free, and sell advertising on the basis of the traffic this generates, points out James Grimmelman, associate professor at New York Law School. Now, he says, because of the settlements provisions, Google could become a significant force in bookselling.
Interest in this aspect of the settlement has focused on orphan works, where there is no known copyright
holder these make up an estimated 5-10% of the books Google has scanned. Under the settlement, when no rights holders come forward and register their interest in a work, commercial control automatically reverts to Google. Google will be able to display up to 20% of orphan works for free, include them in its subscription deals to libraries and sell them to individual buyers under the consumer license.
It is by no means certain that the settlement will be enacted (执行) it is the subject of fairness hearing in the US courts. But if it is enacted, Google will in effect be off the hook as far as copyright violations in the US are concerned. Many people are seriously concerned by this - and the company is likely to face challenges in other courts around the world.
No one knows the precise use Google will make of the intellectual property it has gained by scanning the worlds library books, and the truth, as Gerick, an American science writer and member of the Authors Guild, points out, is that the company probably doesnt even know itself. But what is certain is that, in some way or other, Googles entrance into digital bookselling will have a significant impact on the book world in the years to come
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