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Alternative Approaches to Open Digital Libraries in the Shadow of the Google Book Search Settlement

An Open Workshop at Harvard Law School

July 31, 2009

Sponsored by the Berkman Center for Internet & Society, the Harvard Law School Library, and Professors Charles Nesson, John Palfrey and Phil Malone

Scope and Goals

The proposed Google Book Search settlement creates the opportunity for unprecedented access by the public, scholars, libraries and others to a digital library containing millions of books assembled by major research libraries. But the settlement is controversial, in large part because this access is limited in major ways: instead of being truly open, this new digital library will be controlled by a single company, Google, and a newly created Book Rights Registry consisting of representatives of authors and publishers; it will include millions of so-called “orphan works” that cannot legally be included in any competing digitization and access effort, and it will be available to readers only in the United States. It need not have been this way.

This workshop seeks to bring a fresh, unique perspective to a complex and widely debated topic. It will focus not on the specific merits and demerits of the settlement itself, or the particular antitrust and privacy and other objections that have been raised. Instead, it will examine the idea of possible alternative universes and offer specific proposals for scenarios that may arise whether or not the settlement is approved . What can libraries, or universities, or non-profits, or Congress, do in the current landscape? And how might these possibilities help us to define a better world than the one that we have today and, more importantly, than the one that will exist if the Google settlement is approved in its current form? Regardless of what happens with respect to the Settlement, what alternative possibilities could lead to a richer, more open and better information ecosystem than the one we have today or might have tomorrow with the Settlement?

By exploring these alternatives, this workshop seeks, in the end, to help inform the debate over the Settlement and its terms and to illuminate some of the key policy considerations that are at stake. Its ultimate goal is to develop a series of options and proposals that could improve on the status quo in novel ways.

Proposed Topics

Here are some tentative topics for beginning discussion at the workshop. We welcome feedback on these suggestions and encourage you to contribute your own proposals. We'll choose several of the topics to be incorporated into our agenda. (To edit this wiki, you must register for an account via the link in the upper right hand corner of this page). For suggestions, please be sure to include your name and email address on the page so that others may contact you with similar ideas/further questions/suggestions. The deadline to submit a proposal is Monday, 7/20 at 12 PM ET.

1. What might truly open access to orphan works look like
2. What might a truly “open” digital collection created by major libraries look like
3. What might a truly “open” global library look like
4. What would a truly “open” digital library look like
5. What might truly open access to and use of an online digital library look like
6. What might online, digital publishing and access look like going forward
7. Are all of these the same? Within the open environment what is closed?
8. Intellectual Freedom = Unrestricted Access to Information + No Monitoring of Use (MarcEPIC)
9. Payment of processing (author) fees to publishers of journals and monographs

Resources

Please add links to papers, articles, blogposts, and other items related to GBS and of interest to workshop participants to this page.

• http://cyber.law.harvard.edu/googlebooks/Resources

Proposed Agenda

TBA based on proposals and feedback listed above. The workshop will take place starting at 8 or 9AM, lasting until 4 or 5PM.

Registration and Participants

To register for this workshop (for those planning to attend in-person) visit http://spreadsheets.google.com/viewform?formkey=dGlzQUUxWW9rcVpUZ01qd2JmaXhPd0E6MA.

If you wish for your name to be listed on the wiki in this section, please indicate your preference on the registration form. Space is limited, so please register now. Registration to this event is free.

1. John Palfrey, Berkman Center for Internet & Society
2. Phil Malone, Berkman Center for Internet & Society
3. Charles Nesson, Berkman Center for Internet & Society
4. Jennifer Gordon, Harvard Law School Library
5. Michelle Pearse, Harvard Law School Library
6. Mary Daniels, Francis Loeb Library / GSD
7. Joey Mornin, Berkman Center for Internet & Society
8. Chris Peterson, Berkman Center for Internet & Society
9. Gosia Stergios, HBS Knowledge & Library Services
10. Lewis Hyde, Berkman Center for Internet & Society
11. Harry Lewis, Berkman Center for Internet & Society
12. David Weinberger, Berkman Center for Internet & Society
13. Amar Ashar, Berkman Center for Internet & Society
14. Siva Vaidhyanathan, http://www.googlizationofeverything.com/, University of Virginia
15. Ines Zalduendo, Frances Loeb Library / Graduate School of Design
16. Bill Comstock, Harvard College Library
17. Mansooreh Saboori, Harvard Law School Library
18. Dave David, Copyright Clearance Center
19. Bethaney Henshaw, Millipore
20. Abby Clowbridge, Harvard University, Kennedy School of Government Library
21. Michael Hemment, Harvard College Library
22. Constance Rinaldo, Ernst Mayr Library/MCZ/Harvard
23. Martha Creedon, Harvard University Library Office for Information Systems
24. James Grimmelmann New York Law School
25. Sue Kriegsman, Harvard College Library
26. Dee Magnoni Olin College of Engineering
27. Wendy Seltzer, Berkman Center for Internet & Society
28. Hope Tillman, http://www.hopetillman.com
29. Walt Howe, Tillman & Howe
30. Alexa McCray, Harvard Medical School
31. Eric Saltzman, Creative Commons
32. Judy Warnement, Botany Libraries/Harvard University Herbaria
33. Virginia Mcvarish, Harvard College Library
34. Noelle Ryan, Harvard University Library
35. Patrick Tracy, Western New England College School of Law Library
36. Michael Burstein, Harvard Law School
37. Eugene Curry
38. Douglas Newcomb, Special Libraries Association
39. Carolina Rossini, Berkman Center for Internet & Society
40. Robert Darnton, Harvard University Library
41. Marc Rotenberg, EPIC
42. Marguerite Avery, MIT Press
43. Meg Kribble, Harvard Law School Library

Location, Directions, and other Logistical Information

• Location: Harvard Law School, Venue TBA
• Driving Directions
• Subway Directions
• Bus Directions
• Wireless internet access will be available at the workshop
• Parking is not available through Harvard Law School, but there are several parking garages in Harvard Square
• Remote participation channels (Registration is not required for remote participation).
  • Follow the Berkman Center on Twitter: http://www.twitter.com/berkmancenter, use the hashtag #gbsworkshop09
  • Join the IRC: irc://irc.freenode.net/berkman (requires an IRC Client such as Chatzilla)
  • Plenary sessions for this event will be webcast live at http://cyber.law.harvard.edu/interactive/webcast
• Questions? Contact Amar Ashar at ashar@cyber.law.harvard.edu.