Google represents the ultimate in business plans. By controlling access to information, it has made billions, which it is now investing in the control of the information itself. What began as Google Book Search is therefore becoming the largest library and book business in the world. Like all commercial enterprises, Google’s primary responsibility is to make money for its shareholders. Libraries exist to get books to readers—books and other forms of knowledge and entertainment, provided for free. The fundamental incompatibility of purpose between libraries and Google Book Search might be mitigated if Google could offer libraries access to its digitized database of books on reasonable terms. But the terms are embodied in a 368-page document known as the “settlement,” which is meant to resolve another conflict: the suit brought against Google by authors and publishers for alleged infringement of their copyrights.
Despite its enormous complexity, the settlement comes down to an agreement about how to divide a pie—the profits to be produced by Google Book Search: 37 percent will go to Google, 63 percent to the authors and publishers. And the libraries? They are not partners to the agreement, but many of them have provided, free of charge, the books that Google has digitized. They are being asked to buy back access to those books along with those of their sister libraries, in digitized form, for an “institutional subscription” price, which could escalate as disastrously as the price of journals. The subscription price will be set by a Book Rights Registry, which will represent the authors and publishers who have an interest in price increases. Libraries therefore fear what they call “cocaine pricing”—a strategy of beginning at a low rate and then, when customers are hooked, ratcheting up the price as high as it will go.
To become effective, the settlement must be approved by the district court in the Southern Federal District of New York. The Department of Justice has filed two memoranda with the court that raise the possibility, indeed the likelihood, that the settlement could give Google such an advantage over potential competitors as to violate antitrust laws. But the most important issue looming over the legal debate is one of public policy. Do we want to settle copyright questions by private litigation? And do we want to commercialize access to knowledge?
I hope that the answer to those questions will lead to my happy ending: a National Digital Library—or a Digital Public Library of America (DPLA), as some prefer to call it. Google demonstrated the possibility of transforming the intellectual riches of our libraries, books lying inert and underused on shelves, into an electronic database that could be tapped by anyone anywhere at any time. Why not adapt its formula for success to the public good—a digital library composed of virtually all the books in our greatest research libraries available free of charge to the entire citizenry, in fact, to everyone in the world?