The Google-Michigan caper
Update August 12, 2005: Google spins to avoid copyright challenges
University of Michigan's confidential agreement with Google
Google Watch appeals to the American Library Association
Forget Napster, forget Grokster.
Google talked the University of Michigan into
launching the biggest copyright heist in history.
Google plans to commercialize library content
The University of Michigan library was aware that Google has a commercial interest in obtaining digital copies of its copyrighted material. There was a PDF file at the University of Michigan website that was created by John Wilkin on December 13, 2004. In this file he includes a screen shot that demonstrates how Google plans to display snippets from copyrighted material. Notice the Google ads on the screen. Google is acquiring the U of M library for the purpose of making money, and that's just fine with the library.
However, it is also violates Section 108 of copyright law, which says that libraries can make copies under certain restricted conditions, one of which is "the reproduction or distribution is made without any purpose of direct or indirect commercial advantage." This is just one of several apparent violations of copyright by the library. The Regents of the University of Michigan should immediately instruct the library to withhold all copyrighted material from Google.
Letter to the University president: Page 1 Page 2
Letter to a University lawyer: Page 1 of 1
Letter to the Regents' representative: Page 1 Page 2
University of Michigan FOIA request: Page 1 of 1
Letter to Stanford University Library: Page 1 Page 2
Letter to Harvard University Library: Page 1 Page 2
Letter to The Authors Guild: Page 1 Page 2
Additional evidence of Google's commercial intent is found in its agreement with the University of Michigan. This language covers everything both the public domain material and the copyrighted material:
4.4.1 ... U of M shall restrict access to the U of M Digital Copy to those persons having a need to access such materials and shall also cooperate in good faith with Google to mutually develop methods and systems for ensuring that the substantial portions of the U of M Digital Copy are not downloaded from the services offered on U of M's website or otherwise disseminated to the public at large.
If Google did not expect to reap commercial benefits from its own copy, then why restrict what the University can do with the library's copy? There is no question that Google plans to make big bucks from the biggest copyright heist in history.