Robert Darnton hat sich im „The New York Review of Books“ aktuell wieder mal mit dem Googel Books Settlement beschäftigt:
… What then is the outlook for the future? No one can predict the fate of the settlement as it bounces from court to court; but if the public good should be taken into consideration, one can imagine two general solutions to the problems posed by GBS, one maximal, one minimal.
The most ambitious solution would transform Google’s digital database into a truly public library. That, of course, would require an act of Congress, one that would make a decisive break with the American habit of determining public issues by private lawsuit. The legislation would have to settle ancillary problems—how to adjust copyright, deal with orphan books, and compensate Google for its investment in digitizing—but it would have the advantage of clearing up a messy legal landscape and of giving the American people what they deserve: a national digital library equal to the needs of the twenty-first century. But it is not clear how Google would react to such a buyout.
If state intervention is deemed to go too far against the American grain, a minimal solution could be devised for the private sector. Congress would have to intervene with legislation to protect the digitization of orphan works from lawsuits, but it would not need to appropriate funds. Instead, funding could come from a coalition of foundations. The digitizing, open-access distribution, and preservation of orphan works could be done by a nonprofit organization such as the Internet Archive, a nonprofit group that was built as a digital library of texts, images, and archived Web pages. In order to avoid conflict with interests in the current commercial market, the database would include only books in the public domain and orphan works. Its time span would increase as copyrights expired, and it could include an opt-in provision for rightsholders of books that are in copyright but out of print. …
Darnton im VÖBBLOG: