Category Archives: Section 3.2(d)(i)

S 03.02.4.1

Comments are closed.

(i) Basis for Determination. Google shall determine whether a Book is Commercially Available or not Commercially Available based on an its analysis of multiple third-party databases as well as an its analysis of the Book’s retail availability based on information that is publicly available on the Internet to it on the Internet. Google will use third-party databases from a range of United States, Canadian, United Kingdom, and Australian sources that can be obtained on fair and commercially reasonable terms. When analyzing the third-party databases, Google will use the publishing status, product availability and/or availability codes to determine whether or not the particular database being used considers that Book to be offered for sale new through one or more then-customary channels of trade in the United States Commercially Available. When analyzing information that is publicly available to it on the Internet, Google will determine retail availability by consulting various sources to determine whether the Book is available for sale new Commercially Available. Each of these sources may contain errors; by combining information from multiple sources, Google , however shall use commercially reasonable efforts to determine whether a Book is Commercially Available or is not Commercially Available in a manner that is using a methodology reasonably agreed to by Google and the Registry that is designed to minimize the overall error rate. All Books for which Google does not have information from the sources identified above will be determined to be not Commercially Available. Rightsholders may provide information directly to Google that a Book is being offered for sale new through one or more then-customary channels of trade in the United States Commercially Available when they submit their Claim Form Forms, through the Books Database or, at any time after such submission, to Google or the Registry. When Rightsholders provide such information to Google, unless Google receives such information from Rightsholders or the Registry or Rightsholders otherwise assert that their Books are Commercially Available, such Books promptly shall be classified as Commercially Available. If Google reasonably believes that the such information or assertion is inaccurate, the Book shall be determined to be Commercially Available and Google shall change then Google may challenge the classification of the Book to a No Display Book within thirty (30) days of receipt of such information pursuant to Article IX (Dispute Resolution).

Also posted in Section 3.2, Section 3.2(d), Settlement | Comments closed

S 03.02.4.1.1

2 responses to “S 03.02.4.1.1”

  1. Diana Kimpton says:

    This clause is completely unworkable. It is impossible for an automated database system such as the one at the heart of the Google Book Settlement to indentify which books contain the same Principal Work. Different editions have totally unrelated ISBNs and may not even have the same title. I have been in touch with the database people about this and been told, ” The of linking editions is something that is continually being worked on. As mentioned in the last answer, when you file a claim as the rightsholder to a book, whether it be deemed commercially unavailable or available, you control the operative settings to the book. You may direct Google want display settings they are allowed to use for the book. ” (typo is theirs, not mine)

    I’ve also spoken to them by phone and got the impression they don’t think that linking the editions is very important. When I quoted this clause, there was a long silence followed by a promise to find out more and phone me back. They haven’t. I suspect that’s because they haven’t got an answer.

    Examining the database shows that the non-working of this clause leaves editions of some very high profile books deemed to be not commercially available although it’s easy to buy other editions in the shops.

  2. Read 3.2(d)(iii) Mistakes and it’s easy to see why Google doesn’t view this as a priority matter.

(1) In-Copyright Principal Work. If a Book’s Principal Work is not in the public domain under the Copyright Act in the United States and that Book is Commercially Available, then any other Book that has the same Principal Work (such as a previous edition) is also deemed to be Commercially Available, whether or not such other Book is at the time in question also Commercially Available.

Also posted in Article 03, Section 3.2, Section 3.2(d), Section 3.2(d)(i)(1), Settlement | Comments closed

S 03.02.4.1.2

Comments are closed.

(2) Public Domain Principal Work. Public Domain Principal Work. If a Book’s Principal Work is in the public domain under the Copyright Act in the United States, and that Book is Commercially Available and also contains an Insert (i.e., content that qualifies as an Insert and is not in the public domain under the Copyright Act in the United States), then any earlier edition of such Book that contains such Insert is also deemed to be Commercially Available.

Also posted in Article 03, Definitions, Section 3.2, Section 3.2(d), Section 3.2(d)(i)(2) | Comments closed