Re: Google settlement rejected

[jean.claude.guedon@umontreal.ca]

Jim is right about the problem, but it must be added that the 
Google solution was not the right one. The solution for orphan 
works should come from a legislative effort, and not from a 
side-effect of a global agreement that did not even include all 
the stakeholders (e.g. the readers, the educators, etc.). I 
believe Pam Samuelson and Bernard Lang have written important 
pieces about orphan works.

Jean-Claude Guedon


Le mardi 22 mars 2011 a 23:06 -0400, James J. O'Donnell a ecrit :

> Judge Chin in a 48 page ruling has rejected the Google
> settlement. Among many news reports, all mostly the same, see:
>
> 
http://online.wsj.com/article/SB10001424052748704461304576216923562033348.html
>
> The main point seems to be that he signals that if the settlement
> were "opt-in" for authors rather than "opt-out", he could find it
> acceptable.  The challenge of that is that "orphan works" don't
> have authors available to do the opting in for them and so would
> be effectively excluded.
>
> Jim O'Donnell
> Georgetown
>