Why the Technology Sector Should Care About Google Books

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Gary Reback @ TechCrunch:

Antitrust lawyer and Open Book Alliance leader Gary Reback has been called the “antitrust champion” and the “protector of the marketplace” by the National Law Journal, and has been at the forefront of many of the most important antitrust cases of the last three decades. He is one of the most vocal opponents of the Google Books settlement. I interviewed Reback a few months ago, and Google Books was one of the topics we discussed. In the column below, Reback discusses Google Books and its ties to Google search.


This Thursday leaders of the international publishing industry will watch with bated breath as a federal judge in New York hears arguments over whether to approve the Google Book Settlement.


More a complicated joint venture among Google and five big New York publishers than the resolution of pending litigation, the proposed settlement once promised unprecedented access to millions of out-of-print books through digital sales to consumers and online research subscriptions for libraries. But with the passage of time and the ability to examine the deal more closely, the promises proved illusory. The big publishers, as it turns out, have reserved the right to negotiate secret deals with Google for the books they claim through the settlement (pdf).


Meanwhile, torrents of outrage rained down on the New York court – from authors whose ownership rights will be appropriated through the settlement’s procedures, from librarians fearful of price exploitation by Google, from privacy advocates worried that Google will monitor the reading habits of library patrons, from libertarians incensed over the use of a legal procedure to effect the widespread appropriation of property, from digital booksellers concerned about Google’s unfair advantage in the marketplace.

Huge Waves at Mavericks Injure Spectators

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Demian Bulwa:

The Super Bowl of Surfing lived up to its legend Saturday, and then some. The waves at Mavericks were so massive – the biggest in the history of surf contests, some said – that they caused collateral damage on the sidelines.


Long before South African Chris Bertish tamed a pair of monster swells to win the $50,000 first prize at the seventh Mavericks Surf Contest north of Half Moon Bay, a series of waves crashed into some of the thousands of fans who had flocked to the beach to try to see the action.


Just after 9 a.m. near Pillar Point, 13 people were injured and at least 40 people were knocked off their feet, officials said. Many of them had been standing on a short concrete wall and were thrown into rocks or mud by a surge of water.



A stage set up for an award ceremony toppled, while sound equipment meant for a beach broadcast was swamped.

Iceland aims to become an offshore haven for journalists and leakers

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Jonathan Stray:

On Tuesday, the Icelandic parliament is expected to introduce a measure aimed at making the country an international center for investigative journalism publishing, by passing the strongest combination of source protection, freedom of speech, and libel-tourism prevention laws in the world.


Supporters of the proposal say the move would make Iceland an “offshore publishing center” for free speech, analogous to the offshore financial havens that allow corporations to hide capital from authorities. Could global news organizations with a home office in Reykjavík soon be as common as Delaware corporations or Cayman Islands assets?



“This is a legislative package to create a haven for freedom of expression,” Icelandic member of parliament Birgitta Jónsdóttir confirmed to me, saying that a proposal for comprehensive media law reform will be filed in parliament on Tuesday, and that whistle-blowing specialists Wikileaks has been involved in drafting it. There have been persistent hints of an Icelandic media move in recent weeks, including tweets from Wikileaks and a cryptic message from the newly created @icelandmedia Twitter account.



The text of the proposal, called the Icelandic Modern Media Initiative, is not yet public, but the most detailed evidence comes from a video of a talk by Julian Assange and Daniel Schmitt of Wikileaks, given at the Chaos Communications Congress hacker conference in Berlin on Dec. 27:

The Legacy of Billy Tauzin: The White House-PhRMA Deal

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Paul Blumenthal:

More than a million spectators gathered before the Capitol on a frosty January afternoon to witness the inauguration of Barack Obama, who promised in his campaign to change Washington’s mercenary culture of lobbyists, special interest influence and backroom deals. But within a few months of being sworn in, the President and his top aides were sitting down with leaders from the pharmaceutical industry to hash out a deal that they thought would make health care reform possible.



Over the following months, pharmaceutical industry lobbyists and executives met with top White House aides dozens of times to hammer out a deal that would secure industry support for the administration’s health care reform agenda in exchange for the White House abandoning key elements of the president’s promises to reform the pharmaceutical industry. They flooded Congress with campaign contributions, and hired dozens of former Capitol Hill insiders to push their case. How they did it—pieced together from news accounts, disclosure forms including lobbying reports and Federal Election Commission records, White House visitor logs and the schedule Sen. Max Baucus releases voluntarily—is a testament to how ingrained the grip of special interests remains in Washington.

Trouble Down South for US Republicans

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Ryan Bowman and Andrew K. Woods:

At first glance, McLeod’s Tyre Shop in Lucedale, Mississippi, seems an unlikely venue for a political salon. It is a large, spare room, its contents pushed to the corners as if by an invisible centrifugal force, or maybe the weak wind of the ceiling fan. To the right of the entrance, four tyres stand on tiny podiums like sculptures in an art gallery. In the far right-hand corner of the room, a large 1920s stove slumbers beneath a Mississippi State football flag, which Doug McLeod hung to taunt his rivals from Ole Miss – the University of Mississippi. And in the far left-hand corner, a long counter is crowded with well-thumbed copies of every newspaper (local, state and national) from the past two weeks – kindling for starting and settling scores.


“A Mississippi lady once asked me where I went to church. I told her Sacred Heart and she said, ‘Well, we all have to worship somewhere, don’t we?’”



We walk in at the tail end of an argument between four men, just in time for McLeod to jam his finger into one of the newspapers and say, with an air of finality, “And that’s why they should raise interest rates.” McLeod has owned this tyre shop for more than 30 years, and in that time he has established himself as a local character and the shop as a destination: a place where he and others can hold forth. The scene is both chaotic and relaxed, with high-energy McLeod spinning like a top while visitors sit or lean, idling on about all subjects but their tyres.



The men assembled here, in one of the most Republican counties in the American deep south, are conservative. In fact, the latest demographics say they – southern, white males aged over 35 – are the Republican party. Despite differences on many subjects – football, Ford trucks, fiscal policy – they all agree that their interests are not represented in Washington, not by Barack Obama and the Democrats and not even by their own party.

How to Get Our Democracy Back: If You Want Change, You Have to Change Congress

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Larry Lessig:

We should remember what it felt like one year ago, as the ability to recall it emotionally will pass and it is an emotional memory as much as anything else. It was a moment rare in a democracy’s history. The feeling was palpable–to supporters and opponents alike–that something important had happened. America had elected, the young candidate promised, a transformational president. And wrapped in a campaign that had produced the biggest influx of new voters and small-dollar contributions in a generation, the claim seemed credible, almost intoxicating, and just in time.



Yet a year into the presidency of Barack Obama, it is already clear that this administration is an opportunity missed. Not because it is too conservative. Not because it is too liberal. But because it is too conventional. Obama has given up the rhetoric of his early campaign–a campaign that promised to “challenge the broken system in Washington” and to “fundamentally change the way Washington works.” Indeed, “fundamental change” is no longer even a hint.


Instead, we are now seeing the consequences of a decision made at the most vulnerable point of Obama’s campaign–just when it seemed that he might really have beaten the party’s presumed nominee. For at that moment, Obama handed the architecture of his new administration over to a team that thought what America needed most was another Bill Clinton. A team chosen by the brother of one of DC’s most powerful lobbyists, and a White House headed by the quintessential DC politician. A team that could envision nothing more than the ordinary politics of Washington–the kind of politics Obama had called “small.” A team whose imagination–politically–is tiny.


These tiny minds–brilliant though they may be in the conventional game of DC–have given up what distinguished Obama’s extraordinary campaign. Not the promise of healthcare reform or global warming legislation–Hillary Clinton had embraced both of those ideas, and every other substantive proposal that Obama advanced. Instead, the passion that Obama inspired grew from the recognition that something fundamental had gone wrong in the way our government functions, and his commitment to reform it.


For Obama once spoke for the anger that has now boiled over in even the blue state Massachusetts–that our government is corrupt; that fundamental change is needed. As he told us, both parties had allowed “lobbyists and campaign contributions to rig the system.” And “unless we’re willing to challenge [that] broken system…nothing else is going to change.” “The reason” Obama said he was “running for president [was] to challenge that system.” For “if we’re not willing to take up that fight, then real change–change that will make a lasting difference in the lives of ordinary Americans–will keep getting blocked by the defenders of the status quo.”

“Meet the new boss, same as the old boss“….