117-516: Authors Guild v. Google 804 F.3d 202 ( 2nd Cir. 2015) was a copyright case heard in federal court for the Southern District of New York , and then the Second Circuit Court of Appeals between 2005 and 2015. It concerned fair use in copyright law and the transformation of printed copyrighted books into an online searchable database through scanning and digitization. It centered on
234-437: A tablet , compared to 30% owning such devices in 2013. Besides published books and magazines that have a digital equivalent, there are also digital textbooks that are intended to serve as the text for a class and help in technology-based education. E-books are also referred to as "ebooks", "eBooks", "Ebooks", "e-Books", "e-journals", "e-editions", or "digital books". A device that is designed specifically for reading e-books
351-470: A July 2011 status conference the parties attempted to "reassure Judge Chin that the negotiations were making real progress," and Judge Chin scheduled another status conference for September 15, urging the parties to come to an acceptable opt-in agreement or face a "tight discovery schedule". By September 2011, Chin established a schedule for a discovery phase for the pending trial to be heard by jury in July 2012 while
468-561: A comprehensive bibliography of medical literature. In early 2000, NLM set up the PubMed Central repository, which stores full-text e-book versions of many medical journal articles and books, through co-operation with scholars and publishers in the field. Pubmed Central also now provides archiving and access to over 4.1 million articles, maintained in a standard XML format known as the Journal Article Tag Suite (JATS). Despite
585-430: A digital version of their text which then was incorporated into Google's search capabilities. As the project grew, Google expanded its capabilities to increase the rate at which books could be scanned and entered into its database, increasing the rate up to 6,000 pages per hour per scanning station, and build out a number of scanning facilities to enable rapid scanning of books brought to them from local sources. End users of
702-446: A forward-looking business arrangement that would grant Google significant rights to exploit entire books, without permission of the copyright owners. Indeed, the ASA would give Google a significant advantage over competitors, rewarding it for engaging in wholesale copying of copyrighted works without permission, while releasing claims well beyond those presented in the case. Accordingly, and for
819-532: A freeware HyperCard stack, called EBook, that allowed easy import of any text file to create a pageable version similar to an electronic paperback book. A notable feature was automatic tracking of the last page read so that on returning to the 'book' you were taken back to where you had previously left off reading. The title of this stack may have helped popularize the term 'ebook'. As e-book formats emerged and proliferated, some garnered support from major software companies, such as Adobe with its PDF format that
936-595: A journal article, MIT Professor Jerry A. Hausman and Criterion Economics Chairman J. Gregory Sidak conclude that the service will be unable to exercise market power. Hausman and Sidak believe that Google Book Search should, on net, yield a significant gain in consumer surplus . Among the objections to the settlement was a "Statement of Interest" from the United States Department of Justice (DOJ) submitting in September 2009. The DOJ's statement, while acknowledging
1053-441: A lack of privacy for the user's e-book reading activities. For example, Amazon knows the user's identity, what the user is reading, whether the user has finished the book, what page the user is on, how long the user has spent on each page, and which passages the user may have highlighted. One obstacle to wide adoption of the e-book is that a large portion of people value the printed book as an object itself, including aspects such as
1170-702: A library purchases an e-book license, the cost is at least three times what it would be for a personal consumer. E-book licenses are more expensive than paper-format editions because publishers are concerned that an e-book that is sold could theoretically be read and/or checked out by a huge number of users, potentially damaging sales. However, some studies have found the opposite effect to be true (for example, Hilton and Wikey 2010). The Internet Archive and Open Library offer more than six million fully accessible public domain e-books. Project Gutenberg has over 52,000 freely available public domain e-books. An e-reader , also called an e-book reader or e-book device ,
1287-657: A petition for writ of certiorari with the U.S. Supreme Court requesting that the Court review the Second Circuit's October 16, 2015, decision. The petition presents three substantive questions and a fourth procedural one. The substantive questions are: On April 18, 2016, the Supreme Court denied the petition for writ of certiorari, leaving the Second Circuit ruling in Google's favor intact. Authors Guild, Inc. v. HathiTrust (2014)
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#17330849827721404-516: A remix of a familiar song. The inventor of the first e-book is not widely agreed upon. Some notable candidates include the following: The first e-book may be the Index Thomisticus , a heavily annotated electronic index to the works of Thomas Aquinas , prepared by Roberto Busa , S.J. beginning in 1946 and completed in the 1970s. Although originally stored on a single computer, a distributable CD-ROM version appeared in 1989. However, this work
1521-434: A result, reading should find a new medium: A simple reading machine which I can carry or move around, attach to any old electric light plug and read hundred-thousand-word novels in 10 minutes if I want to, and I want to. Brown's notion, however, was much more focused on reforming orthography and vocabulary, than on medium. He says: "It is time to pull out the stopper" and begin "a bloody revolution of
1638-405: A ruling on the amended settlement agreement, rejecting it due to concerns on copyright, antitrust, privacy, and international law. Chin's primary reason for blocking the settlement was based on the fact that the amended settlement agreement would "release Google (and others) from liability for certain future acts." From the ruling: [I]t is incongruous with the purpose of the copyright laws to place
1755-601: A screen reader to make it easier to read, and offering to print out the scans as replacement copies for members of the universities if they could verify their original copies were lost or damaged. Both uses were deemed also to be fair use by the Second Circuit. The subject of the copyright of orphan works – works that may still be under copyright but with no identifiable rights holder – was a significant point of debate after both this and HathiTrust . Normally, libraries have been hesitant to loan digital copies of orphaned works as libraries may be liable for copyright violations should
1872-519: A set of multimedia formats (others could be used, but there must also be a fallback in one of the required formats), and an XML schema for a "manifest", to list the components of a given e-book, identify a table of contents, cover art, and so on. This format led to the open format EPUB . Google Books has converted many public domain works to this open format. In 2010, e-books continued to gain in their own specialist and underground markets. Many e-book publishers began distributing books that were in
1989-629: A similar complaint. Both cases were heard in the United States District Court for the Southern District of New York initially under Judge John E. Sprizzo . Google worked with all parties in both cases at the same time, and in October 2008, had reached an initial settlement agreement in both cases, pending court approval. Also known as the "Google Book Search Settlement Agreement", the terms of this settlement included: At this point, as
2106-487: A subscription fee. Oral arguments were held on December 3, 2014, before Judges Pierre N. Leval , José A. Cabranes , Barrington Daniels Parker, Jr. On October 16, 2015, the Second Circuit unanimously affirmed the judgment in Google's favor. The court's summary of its opinion is: In sum, we conclude that: Nor, on this record, is Google a contributory infringer. On December 31, 2015, The Authors Guild (on behalf of three named authors and "others similarly situated") filed
2223-603: A word while reading. A 2017 study found that even when accounting for the emissions created in manufacturing the e-reader device, substituting more than 4.7 print books a year resulted in less greenhouse gas emissions than print. While an e-reader costs more than most individual books, e-books may have a lower cost than paper books. E-books may be made available for less than the price of traditional books using on-demand book printers . Moreover, numerous e-books are available online free of charge on sites such as Project Gutenberg . For example, all books printed before 1928 are in
2340-627: A year before. At the end of the first quarter of 2012, e-book sales in the United States surpassed hardcover book sales for the first time. Until late 2013, use of an e-reader was not allowed on airplanes during takeoff and landing by the FAA . In November 2013, the FAA allowed use of e-readers on airplanes at all times if it is in Airplane Mode, which means all radios turned off, and Europe followed this guidance
2457-500: Is a book publication made available in electronic form, consisting of text, images, or both, readable on the flat-panel display of computers or other electronic devices. Although sometimes defined as "an electronic version of a printed book", some e-books exist without a printed equivalent. E-books can be read on dedicated e-reader devices, also on any computer device that features a controllable viewing screen, including desktop computers , laptops , tablets and smartphones . In
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#17330849827722574-521: Is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System . It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by West Publishing into a separate reporter, Federal Cases . The fourth and current Federal Reporter series publishes decisions of the United States courts of appeals and
2691-517: Is a mobile electronic device that is designed primarily for the purpose of reading e-books and digital periodicals. An e-reader is similar in form, but more limited in purpose than a tablet . In comparison to tablets, many e-readers are better than tablets for reading because they are more portable, have better readability in sunlight and have longer battery life. In July 2010, online bookseller Amazon.com reported sales of e-books for its proprietary Kindle , outnumbered sales of hardcover books for
2808-479: Is also available at websites including OpenJurist.org , on CD-ROM compilations, and on West's online legal database, Westlaw . Because individual court cases are identified by case citations that consist of printed page and volume numbers, the electronic text of the opinions incorporates the page numbers of the printed volumes with "star pagination" formatting—the numbers are boldfaced within brackets and with asterisks prepended (i.e., [*4] ) to stand out from
2925-418: Is called an "e-reader", "ebook device", or "eReader". Some trace the concept of an e-reader, a device that would enable the user to view books on a screen, to a 1930 manifesto by Bob Brown , written after watching his first " talkie " (movie with sound). He titled it The Readies , playing off the idea of the "talkie". In his book, Brown says movies have outmaneuvered the book by creating the "talkies" and, as
3042-447: Is generally thought to have coined the term "electronic book", and it was established enough to use in an article title by 1985. FRESS was used for reading extensive primary texts online, as well as for annotation and online discussions in several courses, including English Poetry and Biochemistry. Brown's faculty made extensive use of FRESS. For example the philosopher Roderick Chisholm used it to produce several of his books. Thus in
3159-706: Is sometimes omitted. Maybe this is because the digitized text was a means for studying written texts and developing linguistic concordances, rather than as a published edition in its own right. In 2005, the Index was published online. In 1949, Ángela Ruiz Robles , a teacher from Ferrol, Spain , patented the Enciclopedia Mecánica , or the Mechanical Encyclopedia, a mechanical device which operated on compressed air where text and graphics were contained on spools that users would load onto rotating spindles. Her idea
3276-683: The United States Reports , Supreme Court Reports (a National Reporter System member published by West), and the United States Supreme Court Reports, Lawyers' Edition . Beginning in 1932, West stopped publishing federal district court cases in the Federal Reporter and began to publish them in a separate reporter, the Federal Supplement . The Federal Reporter organizes court opinions within each volume by
3393-564: The Authors Guild of America filed a class action lawsuit against Google and Stanford, Harvard, and the University of Michigan libraries over the Google Print project, citing "massive copyright infringement ". The complaint asserted that Google had not sought approval to make scans of the copyrighted books, and asked for an injunction to stop Google from scanning any copyrighted works during
3510-457: The Federal Reporter for included decisions. Approximately 30 new volumes are published each year. The Federal Reporter has always published decisions only from federal courts lower than the Supreme Court of the United States , but not the Supreme Court itself. Decisions of the U.S. Supreme Court are published in one official reporter and two unofficial reporters, which are, respectively,
3627-586: The Federal Reporter . "Unpublished" decisions of the U.S. Courts of Appeals may be found in the Federal Appendix , also published by West. New opinions are first issued by West in weekly pamphlets called "Advance Sheets", to be eventually supplanted by the final hardbound, successively numbered volumes. Three series of Federal Reporter have been published to date, with the fourth series started in June 2021. The Federal Reporter , including its supplementary material,
Authors Guild, Inc. v. Google, Inc. - Misplaced Pages Continue
3744-585: The U.S. Copyright Office or published in the UK, Canada, or Australia, added board members to the Books Rights Registry from the UK, Canada, and Australia, gave the rightsholder the ability to renegotiate the revenue share, gave Google added flexibility in discounting, and created a fiduciary to hold payments due to orphan works . If the rightsholder is never ascertained, the funds are distributed cy-près instead of redistributed among rightsholders, and increased
3861-471: The United States Court of Federal Claims ; prior series had varying scopes that covered decisions of other federal courts as well. Though the Federal Reporter is an unofficial reporter and West is a private company that does not have a legal monopoly over the court opinions it publishes, it has so dominated the industry in the United States that legal professionals, including judges, uniformly cite to
3978-522: The United States Declaration of Independence into a computer in plain text. Hart planned to create documents using plain text to make them as easy as possible to download and view on devices. After Hart first adapted the U.S. Declaration of Independence into an electronic document in 1971, Project Gutenberg was launched to create electronic copies of more texts, especially books. Dedicated hardware devices for ebook reading began to appear in
4095-452: The first-sale doctrine to "lend" an electronic scanned copy of that book with appropriate digital rights management to a user as if they were lending out the physical book, thus allowing libraries to serve remote users. The Internet Archive 's Open Library project used the CDL concept to justify its system, but this has come under criticism from authors and publishers of copyrighted books within
4212-541: The four traditional factors (now codified in statutory law) that decide whether use of a copyrighted work constitutes fair use under United States copyright law, and concluded that the Google Books program meets all legal requirements for "fair use". On the most important factor, possible economic damage to the copyright owner, Chin wrote that "Google Books enhances the sales of books to the benefit of copyright holders." According to law professor Eric Goldman , reactions to
4329-500: The public domain in the United States, which enables websites to host ebook versions of such titles for free. Depending on possible digital rights management , e-books (unlike physical books) can be backed up and recovered in the case of loss or damage to the device on which they are stored, a new copy can be downloaded without incurring an additional cost from the distributor. Readers can synchronize their reading location, highlights and bookmarks across several devices. There may be
4446-419: The public domain . At the same time, authors with books that were not accepted by publishers offered their works online so they could be seen by others. Unofficial (and occasionally unauthorized) catalogs of books became available on the web, and sites devoted to e-books began disseminating information about e-books to the public. Nearly two-thirds of the U.S. Consumer e-book publishing market are controlled by
4563-468: The public domain . In December 2004, Google announced it had established its Library Partnership with the libraries at Stanford, Harvard, Oxford, the University of Michigan and the New York Public Library to obtain works both in the public domain as well as limited works in copyright from Stanford, Harvard, and the University of Michigan. For works still under copyright, Google scanned and entered
4680-520: The "Big Five". The "Big Five" publishers are: Hachette , HarperCollins , Macmillan , Penguin Random House and Simon & Schuster . U.S. libraries began to offer free e-books to the public in 1998 through their websites and associated services, although the e-books were primarily scholarly, technical, or professional in nature, and could not be downloaded. In 2003, libraries began offering free downloadable popular fiction and non-fiction e-books to
4797-568: The 2000s, there was a trend of print and e-book sales moving to the Internet , where readers buy traditional paper books and e-books on websites using e-commerce systems. With print books, readers are increasingly browsing through images of the covers of books on publisher or bookstore websites and selecting and ordering titles online. The paper books are then delivered to the reader by mail or any other delivery service. With e-books, users can browse through titles online, select and order titles, then
Authors Guild, Inc. v. Google, Inc. - Misplaced Pages Continue
4914-541: The 70s and 80s, in addition to the main frame and laptop solutions, and collections of data per se. One early e-book implementation was the desktop prototype for a proposed notebook computer, the Dynabook , in the 1970s at PARC : a general-purpose portable personal computer capable of displaying books for reading. In 1980, the U.S. Department of Defense began a concept development for a portable electronic delivery device for technical maintenance information called project PEAM,
5031-524: The Association of American Publishers' annual report 2019. In 2013, Carrenho estimates that e-books would have a 15% market share in Spain in 2015. According to Nielsen Book Research, e-book share went up from 20% to 33% between 2012 and 2014, but down to 29% in the first quarter of 2015. Amazon-published and self-published titles accounted for 17 million of those books (worth £58m) in 2014, representing 5% of
5148-564: The Authors' Guild over the settlement, claiming the leadership of the Guild had "sold us [its members] down the river" and that the settlement threatened "the whole concept of copyright." She launched a petition against the settlement, which was signed by almost 300 authors. Censorship was also raised as a major issue, as respondents argued Google was creating a content management system that could remove material as easily as they could add it. and will have
5265-589: The District Court trial pending review of the class action appeal in September 2012. After hearing the case in May 2013, the Second Circuit vacating the class-action certification and remanded the case to the District Court in July 2013, stating that the class certification was premature before Judge Chin had considered any of the fair use issues of the case. Oral arguments on the fair use matters were held in September 2013. On November 14, 2013, Judge Chin issued his ruling on
5382-434: The District Court's summary judgment in October 2015, ruling Google's "project provides a public service without violating intellectual property law." The U.S. Supreme Court subsequently denied a petition to hear the case. Google launched its Google Book Search in 2002, initially named as its Google Print service. At its start, books were manually scanned page by page, using optical character recognition (OCR) to create
5499-496: The Future . Early e-books were generally written for specialty areas and a limited audience, meant to be read only by small and devoted interest groups. The scope of the subject matter of these e-books included technical manuals for hardware, manufacturing techniques, and other subjects. In the 1990s, the general availability of the Internet made transferring electronic files much easier, including e-books. In 1993, Paul Baim released
5616-547: The Internet industry. A reworked proposal to address some of these concerns was met with similar criticism, and ultimately the settlement was rejected by 2011, allowing the two lawsuits to be joined for a combined trial. In late 2013, after the class action status was challenged, the District Court granted summary judgment in favor of Google, dismissing the lawsuit and affirming the Google Books project met all legal requirements for fair use . The Second Circuit Court of Appeal upheld
5733-485: The New York book settlement was not restricted to U.S. authors, but relevant to authors of the whole world. This led to objections even on the level of some European governments and critical voices in many European newspapers. The estate of John Steinbeck argued for and was granted an additional four-month extension for the class to file objections, putting the deadline into October 2009 and with Judge Chin expected to evaluate
5850-556: The Open Library. The CDL concept has not been tested in courts, and a lawsuit against the Open Library for copyright infringement was initiated by four publishers in June 2020. This case, Hachette v. Internet Archive , was heard in the Southern District of New York. On March 25, 2023, the court ruled against the Internet Archive, which plans on appealing. Federal Reporter The Federal Reporter ( ISSN 1048-3888 )
5967-576: The PEAM device, titled "Apparatus for delivering procedural type instructions", was submitted by Texas Instruments on December 4, 1985, listing John K. Harkins and Stephen H. Morriss as inventors. In 1992, Sony launched the Data Discman , an electronic book reader that could read e-books that were stored on CDs. One of the electronic publications that could be played on the Data Discman was called Library of
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#17330849827726084-633: The Portable Electronic Aid for Maintenance. Detailed specifications were completed in FY 1981/82, and prototype development began with Texas Instruments that same year. Four prototypes were produced and delivered for testing in 1986, and tests were completed in 1987. The final summary report was produced in 1989 by the U.S. Army Research Institute for the Behavioral and Social Sciences, authored by Robert Wisher and J. Peter Kincaid . A patent application for
6201-488: The Preface to Person and Object (1979) he writes: "The book would not have been completed without the epoch-making File Retrieval and Editing System..." Brown University's work in electronic book systems continued for many years, including US Navy funded projects for electronic repair-manuals; a large-scale distributed hypermedia system known as InterMedia; a spinoff company Electronic Book Technologies that built DynaText ,
6318-583: The TEI approach. In the late 1990s, a consortium formed to develop the Open eBook format as a way for authors and publishers to provide a single source-document which many book-reading software and hardware platforms could handle. Several scholars from the TEI were closely involved in the early development of Open eBook , including Allen Renear , Elli Mylonas , and Steven DeRose , all from Brown. Focused on portability, Open eBook as defined required subsets of XHTML and CSS ;
6435-436: The U.S. were offering e-books, and a large movement in the library industry began to seriously examine the issues relating to e-book lending, acknowledging a " tipping point " when e-book technology would become widely established. Content from public libraries can be downloaded to e-readers using application software like Overdrive and Hoopla . The U.S. National Library of Medicine has for many years provided PubMed ,
6552-412: The acquisition process by offering to match a library's selection profile to the vendor's e-book titles. The library's catalog is then populated with records for all of the e-books that match the profile. The decision to purchase the title is left to the patrons, although the library can set purchasing conditions such as a maximum price and purchasing caps so that the dedicated funds are spent according to
6669-401: The book on the default device or application, even if it has insufficient functionality. While a paper book is vulnerable to various threats, including water damage, mold and theft, e-books files may be corrupted, deleted or otherwise lost as well as pirated . Where the ownership of a paper book is fairly straightforward (albeit subject to restrictions on renting or copying pages, depending on
6786-510: The book), the purchaser of an e-book's digital file has conditional access with the possible loss of access to the e-book due to digital rights management provisions, copyright issues, the provider's business failing or possibly if the user's credit card expired. According to the Association of American Publishers 2018 annual report, ebooks accounted for 12.4% of the total trade revenue. Publishers of books in all formats made $ 22.6 billion in print form and $ 2.04 billion in e-books, according to
6903-512: The books still under copyright and offer them to users. Two separate lawsuits, including one from three authors represented by the Authors Guild and another by Association of American Publishers , were filed in 2005 charging Google with copyright infringement. Google worked with the litigants in both suits to develop a settlement agreement (the Google Book Search Settlement Agreement) that would have allowed it to continue
7020-484: The case was a class-action suit, it required notice and agreement from a majority of the class for the settlement to be approved, roughly a four-month window. Before this was initiated, Judge Sprizzo died in December 2008, and the case was reassigned to Judge Denny Chin , prolonging action on the settlement. The class action notification and period for objection or comment ran from January to May 2009. This period gave time for
7137-416: The copyright owner step forward to claim ownership. The United States Copyright Office , spurred by the question of digitization for book preservation, wrote a guidance paper in 2015 on the matter of orphaned works stating that those making digital copies of orphan works should not be liable for any copyright violations if they have made a good faith effort to locate the original authors, in a manner similar to
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#17330849827727254-494: The date of the decision, and includes the full official text of the court's opinion. West editors add headnotes that summarize key principles of law in the cases, and Key Numbers that classify the decisions by topic within the West American Digest System . Only decisions designated by the courts as "for publication—those with full precedential value for which citation in court filings is permissible—are included in
7371-472: The device, an e-book may be readable in low light or even total darkness. Many e-readers have a built-in light source, can enlarge or change fonts, use text-to-speech software to read the text aloud for visually impaired, elderly or dyslexic people or just for convenience. Additionally, e-readers allow readers to look up words or find more information about the topic immediately using an online dictionary. Amazon reports that 85% of its e-book readers look up
7488-463: The e-book can be sent to them online or the user can download the e-book. By the early 2010s, e-books had begun to overtake hardcover by overall publication figures in the U.S. The main reasons people buy e-books are possibly because of lower prices, increased comfort (as they can buy from home or on the go with mobile devices) and a larger selection of titles. With e-books, "electronic bookmarks make referencing easier, and e-book readers may allow
7605-688: The early 1960s, with the NLS project headed by Douglas Engelbart at Stanford Research Institute (SRI), and the Hypertext Editing System and FRESS projects headed by Andries van Dam at Brown University . FRESS documents ran on IBM main frames and were structure-oriented rather than line-oriented. They were formatted dynamically for different users, display hardware, window sizes, and so on, as well as having automated tables of contents, indexes, and so on. All these systems also provided extensive hyperlinking , graphics, and other capabilities. Van Dam
7722-415: The emotional and habitual aspects, there are also some readability and usability issues that need to be addressed by publishers and software developers. Many e-book readers who complain about eyestrain, lack of overview and distractions could be helped if they could use a more suitable device or a more user-friendly reading application, but when they buy or borrow a DRM-protected e-book, they often have to read
7839-543: The fairness hearing, asserting that the antitrust issues remained with the settlement since it allowed Google to bypass the typical financial penalties for copyright penalty that was not afforded to any other company. The Open Book Alliance, which had reviewed the first settlement and prepared a framework it offered to the parties for Settlement 2.0, asserted that the new settlement terms still allowed Google to maintain its monopoly on digital access and distribution of books among other concerns. On March 22, 2011, Judge Chin issued
7956-628: The first SGML -based e-reader system; and the Scholarly Technology Group's extensive work on the Open eBook standard. Despite the extensive earlier history, several publications report Michael S. Hart as the inventor of the e-book. In 1971, the operators of the Xerox Sigma V mainframe at the University of Illinois gave Hart extensive computer time. Seeking a worthy use of this resource, he created his first electronic document by typing
8073-463: The first time ever during the second quarter of 2010, saying it sold 140 e-books for every 100 hardcover books, including hardcovers for which there was no digital edition . By January 2011, e-book sales at Amazon had surpassed its paperback sales. In the overall US market, paperback book sales are still much larger than either hardcover or e-book. The American Publishing Association estimated e-books represented 8.5% of sales as of mid-2010, up from 3%
8190-411: The first two decades of the 21st century, difficulties keep libraries from providing some e-books to clients. Publishers will sell e-books to libraries, but in most cases they will only give libraries a limited license to the title, meaning that the library does not own the electronic text but is allowed to circulate it for either a certain period of time, or a certain number of check outs, or both. When
8307-479: The fractured market of independent publishers and specialty authors lacked consensus regarding a standard for packaging and selling e-books. Meanwhile, scholars formed the Text Encoding Initiative , which developed consensus guidelines for encoding books and other materials of scholarly interest for a variety of analytic uses as well as reading. Countless literary and other works have been developed using
8424-511: The lawsuit. Google countered that its project represented a fair use and is the digital age equivalent of a card catalog with every word in the publication indexed. A month later, the Association of American Publishers , representing five publishers – McGraw-Hill, Pearson Education, Penguin Group, Simon & Schuster and John Wiley & Sons – filed a similar suit against Google and the libraries on
8541-488: The legal settlement. Millions more books that are in copyright but out of print are currently available in Google Books in a shorter 'snippet view.' Had the settlement been approved, users would have been able to see longer previews and potentially buy those books. Chin urged that the settlement be revised to one whether authors "opt-in" to having their works digitized rather than "opt-out", and arranged for followup status conferences to discuss next steps with all parties. During
8658-497: The legality of the Google Book Search (originally named as Google Print) Library Partner project that had been launched in 2003. Though there was general agreement that Google's attempt to digitize books through scanning and computer-aided recognition for searching online was seen as a transformative step for libraries, many authors and publishers had expressed concern that Google had not sought their permission to make scans of
8775-498: The library's budget. The 2012 meeting of the Association of American University Presses included a panel on the PDA of books produced by university presses, based on a preliminary report by Joseph Esposito, a digital publishing consultant who has studied the implications of PDA with a grant from the Andrew W. Mellon Foundation . Although the demand for e-book services in libraries has grown in
8892-525: The next month. In 2014, The New York Times predicted that by 2018 e-books will make up over 50% of total consumer publishing revenue in the United States and Great Britain. Some of the major book retailers and multiple third-party developers offer free (and in some third-party cases, premium paid) e-reader software applications (apps) for the Mac and PC computers as well as for Android , Blackberry , iPad , iPhone , Windows Phone and Palm OS devices to allow
9009-463: The number of complaints, Google and the litigants withdrew the initial settlement in October 2009 and began reworking its term to address the concerns from these complaints to create what was known as "Settlement 2.0". The parties submitted the amended settlement agreement in November 2009. The amended agreement included several significant changes: limited the scope to foreign books that are registered with
9126-410: The number of public licenses allowed for a library. The period for class action review and objects was put on an accelerated schedule, with objections to be submitted by January 28, 2010, and fairness hearings on February 18. While the volume of complaints were fewer compared to the initial settlement, they remained critical of the settlement terms. The DOJ also remained critical of the settlement during
9243-475: The onus on copyright owners to come forward to protect their rights when Google copied their works without first seeking their permission. [...] While the digitization of books and the creation of a universal digital library would benefit many, the ASA would simply go too far. It would permit this class action - - which was brought against defendant Google Inc. ("Google") to challenge its scanning of books and display of "snippets" for on-line searching - - to implement
9360-551: The opportunity to opt their books out of the program. The publishing industry and writers' groups criticized the project's inclusion of snippets of copyrighted works as infringement. Despite Google taking measures to provide full text of only works in public domain, and providing only a searchable summary online for books still under copyright protection, publishers maintain that Google has no right to copy full text of books with copyrights and save them, in large amounts, into its own database. In September 2005, three authors as well as
9477-426: The overall book market and 15% of the digital market. The volume and value sales, although similar to 2013, had seen a 70% increase since 2012. The Wischenbart Report 2015 estimates the e-book market share to be 4.3%. The Brazilian e-book market is only emerging. Brazilians are technology savvy, and that attitude is shared by the government. In 2013, around 2.5% of all trade titles sold were in digital format. This
9594-532: The parties attempted to continue to find some type of settlement terms. Just prior to the planned jury trial, with the parties unable to come to any settlement terms, Judge Chin granted the case its class-action status in May 2012, which asserted that the Authors Guild had standing for the class members. Google appealed the class-action certification to the Second Circuit , which issued a stay of proceedings in
9711-456: The parties' cross-motions for summary judgment, and in effect dismissed the infringement lawsuit, holding that Google's use of the works was 'fair use' under copyright law. In his ruling, Judge Chin wrote: In my view, Google Books provides significant public benefits. It advances the progress of the arts and sciences, while maintaining respectful consideration for the rights of authors and other creative individuals, and without adversely impacting
9828-468: The partner desired) and which users could purchase as eBooks through Google, if the partner desired. Authors and publishers began to argue that Google's Library Partner project, despite the limitations on what results they provided to users, violated copyrights as they were not asked ahead of time by Google to place scans of their books online. By August 2005, Google stated they would stop scanning in books until November 2005 as to give authors and publisher
9945-525: The possible implications of the digital rights management tied to their products. Generally, they claim that digital rights management is meant to prevent illegal copying of the e-book. However, in many cases, it is also possible that digital rights management will result in the complete denial of access by the purchaser to the e-book. The e-books sold by most major publishers and electronic retailers, which are Amazon.com , Google , Barnes & Noble , Kobo Inc. and Apple Inc. , are DRM-protected and tied to
10062-550: The power to remove inappropriate books the same way that it is able to remove inappropriate movies from YouTube. Organizations such as the International Federation of Library Associations and Institutions and the Electronic Frontier Foundation (EFF) fear that pressure from governments and special interest groups could lead to the censorship of certain books and that there is public interest in protecting
10179-526: The print format and later if the author wishes an electronic version is produced. The New York Times keeps a list of best-selling e-books, for both fiction and non-fiction. All of the e-readers and reading apps are capable of tracking e-book reading data, and what the data could contain which e-books users open, how long the users spend reading each e-book and how much of each e-book is finished. In December 2014, Kobo released e-book reading data collected from over 21 million of its users worldwide. Some of
10296-433: The program through paying out for works it had previously scanned, creating a revenue program for future books that were part of the search engine, and allowing authors and publishers to opt out. The settlement received much criticism as it also applied to all books worldwide, including works that may have been out of print but still under copyright, and may have violated antitrust aspects given Google's dominant position within
10413-483: The pros and cons of e-books: Electronic books are ideal for people who value the information contained in them, or who have vision problems, or who like to read on the subway, or who do not want other people to see how they are amusing themselves, or who have storage and clutter issues, but they are useless for people who are engaged in an intense, lifelong love affair with books. Books that we can touch; books that we can smell; books that we can depend on. Apart from all
10530-500: The public, launching an e-book lending model that worked much more successfully for public libraries. The number of library e-book distributors and lending models continued to increase over the next few years. From 2005 to 2008, libraries experienced a 60% growth in e-book collections. In 2010, a Public Library Funding and Technology Access Study by the American Library Association found that 66% of public libraries in
10647-598: The publisher's e-reader software or hardware. The first major publisher to omit DRM was Tor Books , one of the largest publishers of science fiction and fantasy, in 2012. Smaller e-book publishers such as O'Reilly Media , Carina Press and Baen Books had already forgone DRM previously. Some e-books are produced simultaneously with the production of a printed format, as described in electronic publishing , though in many instances they may not be put on sale until later. Often, e-books are produced from pre-existing hard-copy books, generally by document scanning , sometimes with
10764-411: The publisher. It is possible to release an e-book chapter by chapter as each chapter is written. This is useful in fields such as information technology where topics can change quickly in the months that it takes to write a typical book. It is also possible to convert an electronic book to a printed book by print on demand . However, these are exceptions as tradition dictates that a book be launched in
10881-525: The reading of e-books and other documents independently of dedicated e-book devices. Examples are apps for the Amazon Kindle , Barnes & Noble Nook , iBooks , Kobo eReader and Sony Reader . Writers and publishers have many formats to choose from when publishing e-books. Each format has advantages and disadvantages. The most popular e-readers and their natively supported formats are shown below: Most e-book publishers do not warn their customers about
10998-605: The reasons more fully discussed below, the motion for final approval of the ASA is denied. The Wall Street Journal commented on the practical impact of this ruling saying that: Judge Chin's ruling changes little for Google users. About two million books that are in the public domain, such as works of William Shakespeare, currently can be viewed free on the Google Books site. [...] Google Books users currently can view long previews of another two million books that are in copyright and in print, thanks to agreements between Google and tens of thousands of publishers that were separate from
11115-522: The rest of the text. Though West has copyright over its original headnotes and keynotes, the opinions themselves are public domain and accordingly may be found in other sources, chiefly Lexis , Westlaw's primary competitor. The U.S. Court of Appeals for the Second Circuit has also ruled that Lexis can copy the page numbers from the Federal Reporter to allow for proper citation without violating West's copyright. EBook An ebook (short for electronic book ), also spelled as e-book or eBook ,
11232-453: The results were that only 44.4% of UK readers finished the bestselling e-book The Goldfinch and the 2014 top selling e-book in the UK, "One Cold Night", was finished by 69% of readers. This is evidence that while popular e-books are being completely read, some e-books are only sampled. In the space that a comparably sized physical book takes up, an e-reader can contain thousands of e-books, limited only by its memory capacity. Depending on
11349-671: The rights of copyright holders. It has become an invaluable research tool that permits students, teachers, librarians, and others to more efficiently identify and locate books. It has given scholars the ability, for the first time, to conduct full-text searches of tens of millions of books. It preserves books, in particular out-of-print and old books that have been forgotten in the bowels of libraries, and it gives them new life. It facilitates access to books for print-disabled and remote or underserved populations. It generates new audiences and creates new sources of income for authors and publishers. Indeed, all society benefits. Chin's ruling analyzed
11466-497: The ruling generally favored Judge Chin's ruling, with the Association of Research Libraries calling on the Authors Guild to "wise up and focus their energies on more productive pursuits." On April 11, 2014, the Authors Guild appealed the ruling to the U.S. Second Circuit. It also began lobbying Congress to create a non-profit organization similar to ASCAP that would digitize and license books from participating authors to all libraries, schools, and other organizations choosing to pay
11583-454: The scans from being buried behind Google's ranking system. Privacy advocates from EFF and American Civil Liberties Union also raised concerns that Google would track users of its book services. Privacy advocates want Google to provide privacy assurances comparable to those enjoyed by visitors to traditional libraries. Others have denounced the settlement for neglecting to protect reader privacy . Antitrust issues were also raised as Google
11700-431: The search engine could then search through the books to find words and phrases as they would with web sites, along with other advanced search features. Because of the possibility of OCR errors, users are shown the scanned pages rather than the digital text to verify the text for themselves. The project was considered a major transformative work for information sciences at the time. Initially, Google only worked with books in
11817-451: The settlement in November. Primary criticism of the settlement was related to copyright. Siva Vaidhyanathan , associate professor of Media Studies and Law at the University of Virginia , has argued that the project poses a danger for the doctrine of fair use as the fair use claims are arguably so excessive that it may cause a judicial limitation of that right. American author Ursula K. Le Guin announced on her website her resignation from
11934-503: The settlement terms to be contested by others. Harvard's libraries were not pleased with the settlement terms, and discontinued its partnership with Google unless more "reasonable terms" could be met on the settlement. In the US, several organizations who took no part of the settlement, such as the American Society of Journalists and Authors , criticized the settlement fundamentally. Moreover,
12051-535: The settlement was in the right direction, identified possible antitrust concerns with the current settlement terms, stating "The current settlement proposal would stifle innovation and competition in favor of a monopoly over the access, distribution and pricing of the largest collection of digital books in the world, and would reinforce an already dominant position in search and search advertising." In October 2009, Google countered ongoing criticism by stating that its scanning of books and putting them online would protect
12168-405: The texture, smell, weight and appearance on the shelf. Print books are also considered valuable cultural items, and symbols of liberal education and the humanities . Kobo found that 60% of e-books that are purchased from their e-book store are never opened and found that the more expensive the book is, the more likely the reader would at least open the e-book. Joe Queenan has written about
12285-405: The type size, avoid paper cuts and save trees, all while hastening the day when words could be 'recorded directly on the palpitating ether.'" Brown believed that the e-reader (and his notions for changing the text itself) would bring a completely new life to reading. Schuessler correlates it with a DJ spinning bits of old songs to create a beat or an entirely new song, as opposed to just
12402-422: The unpassed Shawn Bentley Orphan Works Act of 2008 . The paper recommended that such legislation be passed. The ruling, finding Google's approach to be fair use, alongside Authors Guild, Inc. v. HathiTrust has been used as the basis of controlled digital lending (CDL). As argued under the CDL model, a library that owns a physical copy of a book has rights under both fair use (as established under this case) and
12519-411: The use of robotic book scanners , having the technology to quickly scan books without damaging the original print edition. Scanning a book produces a set of image files, which may additionally be converted into text format by an OCR program. Occasionally, as in some projects, an e-book may be produced by re-entering the text from a keyboard. Sometimes only the electronic version of a book is produced by
12636-449: The user to annotate pages." "Although fiction and non-fiction books come in e-book formats, technical material is especially suited for e-book delivery because it can be digitally searched" for keywords. In addition, for programming books, code examples can be copied. In the U.S., the amount of e-book reading is increasing. By 2014, 28% of adults had read an e-book, compared to 23% in 2013. By 2014, 50% of American adults had an e-reader or
12753-428: The whole work into their searchable database, but only provided "snippet views" of the scanned pages in search results to users. This had mirrored a similar approach Amazon had taken for book previews on its catalog pages. A separate Partner Program also launched in 2004 allowed commercial publishers to submit books into the Google Books project, which would be searchable with snippet results (or more extensive results if
12870-647: The widespread adoption of e-books, some publishers and authors have not endorsed the concept of electronic publishing , citing issues with user demand, copyright infringement and challenges with proprietary devices and systems. In a survey of interlibrary loan (ILL) librarians, it was found that 92% of libraries held e-books in their collections and that 27% of those libraries had negotiated ILL rights for some of their e-books. This survey found significant barriers to conducting interlibrary loan for e-books. Patron-driven acquisition (PDA) has been available for several years in public libraries, allowing vendors to streamline
12987-451: The word," introducing huge numbers of portmanteau symbols to replace normal words, and punctuation to simulate action or movement, so it is not clear whether this fits into the history of "e-books" or not. Later e-readers never followed a model at all like Brown's. However, he correctly predicted the miniaturization and portability of e-readers. In an article, Jennifer Schuessler writes: "The machine, Brown argued, would allow readers to adjust
13104-945: The world's cultural heritage; Google co-founder Sergey Brin stated, "The famous Library of Alexandria burned three times, in 48 BC, AD 273 and AD 640, as did the Library of Congress , where a fire in 1851 destroyed two-thirds of the collection. I hope such destruction never happens again, but history would suggest otherwise." This characterization was criticized by Pam Samuelson, UC Berkeley Professor of Law saying Libraries everywhere are terrified that Google will engage in price-gouging when setting prices for institutional subscriptions to GBS contents ... Brin forgot to mention another significant difference between GBS and traditional libraries: their policies on patron privacy. ... Google has been unwilling to make meaningful commitments to protect user privacy. Traditional libraries, by contrast, have been important guardians of patron privacy. Due to
13221-454: Was a 400% growth over 2012 when only 0.5% of trade titles were digital. In 2014, the growth was slower, and Brazil had 3.5% of its trade titles being sold as e-books. The Wischenbart Report 2015 estimates the e-book market share to be around 1%. Public domain books are those whose copyrights have expired, meaning they can be copied, edited, and sold freely without restrictions. Many of these books can be downloaded for free from websites like
13338-401: Was a dominant entity in Internet services in the market. Since the settlement agreement covers the previously digitized books and provides a revenue model for future digitization, it "[gives] Google control over the digitizing of virtually all books covered by copyright in the United States." As the license agreement is non-exclusive, it does not necessarily tie publishers to Google's service. In
13455-467: Was a following case related to HathiTrust , a project by the libraries of the Big Ten Academic Alliance and the University of California systems that combined their digital library collections with those of Google's Book Search. The HathiTrust case differed in two primary factors which were raised by the plaintiffs: that for viewers with disabilities, they could view the scanned text through
13572-426: Was introduced in 1993. Unlike most other formats, PDF documents are generally tied to a particular dimension and layout, rather than adjusting dynamically to the current page, window, or another size. Different e-reader devices followed different formats, most of them accepting books in only one or a few formats, thereby fragmenting the e-book market even more. Due to the exclusiveness and limited readerships of e-books,
13689-505: Was to create a device which would decrease the number of books that her pupils carried to school. The final device was planned to include audio recordings, a magnifying glass, a calculator, and an electric light for night reading. Her device was never put into production but a prototype is on display at the National Museum of Science and Technology in A Coruña . Alternatively, some historians consider electronic books to have started in
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