Also, the public is not in favor of the settlement because we think Google is giving us books out of the goodness of their hearts; we are in favor because, as I currently understand it, the settlement leaves authors with the right to control their works if they are paying attention to their copyrights, and makes books available for sale that would otherwise languish in purgatory, not being published, not able to be put out as part of the public domain due to copyright.

As a final point, it should be noted that the provisions of the settlement allowing for Google to publish are there only as a result of this coalition of publishers and like groups suing Google, and then settling in agreement with this provision. If the suit had never happened, Google would only have the rights we all have: Fair Use. Which, I believe, and I think most people would believe, includes indexing the books for search. If the suit had never been brought, or if the publishers had not agreed to the publishing of out-of-print books in their settlement, then indexing is all Google would have the right to do. Again, assuming I understand this correctly. If someone knows I’m wrong, I’d be happy to hear about it. But by “knows I’m wrong,” I mean, has relevant quotes from the settlement to show that I’m wrong.

However, the Settlement enables Google to _publish_ books, as e-books, as print-on-demand books, and as anthologies Google puts together. This happens one year after the book is declared “not commercially available.” Hardly enough time for an author whose rights have reverted to find a new publisher, possibly update the book, and then for the publisher to print the book. Furthermore, the Settlement enables Google to declare print-on-demand books “not commercially available.” Few publishers will want to reprint a book in direct competition with Google.

Another problem is, the copyright holders will have to pay to maintain the Book Registry, which will be owned by the Author’s Guild. The amount copyright holders will pay out, is not limited or stated in the Settlement. Nor is any dollar amount of revenues guaranteed to authors. It will take up to 5 years for them even to receive the $60/title award for copyright violation. But meanwhile, they may have to pay the Registry, whose first task is to examine the publishing contracts of every copyright holder who did not opt out of the Settlement. (I opted out in January. The deadline is May 5, 2009 and my lawyer advised sending a letter by certified mail rather than just filling out the online form.)

The public is in favor of the Settlement because the vast majority seem to think that Google is operating out of some “noble” desire to give all those books away. They don’t care if the copyright holders get paid. But, the public will not benefit from giveaways either, because Google will be charging for these books and that is made clear in the Settlement. Possibly not enough to make much profit for copyright holders, but there will be plenty for Google and the Author’s Guild.