Pamela Samuelson

Pamela Samuelson Remains Skeptical About Google Book Deal

-Library Journal, October 1, 2009 by Francine Fialkoff
http://www.libraryjournal.com/article/CA6698035.html

The more experts like Peters and Samuelson delve into the settlement, the more they uncover troubling implications. It is clearly not in the best interest of libraries or the various publics they serve.

-The New York Times, October 7, 2009 by Motoko Rich
http://www.nytimes.com/2009/10/08/technology/internet/08google.html?_r=2

Pamela Samuelson, an Internet and copyright expert at the University of California, Berkeley, who has led a group of scholars objecting to the settlement, said she also had doubts about the timeline. “It’s hard to believe that so much could change that it would respond to all serious objections,” Ms. Samuelson wrote in an e-mail message.

-The Wall Street Journal, October 8, 2009 by Jessica E. Vascellaro
http://online.wsj.com/article/SB10001424052748703298004574459042709660608.html#printMode

Pamela Samuelson, an intellectual property professor at the University of California, Berkeley, said she invited around two dozen people in February to a private conference to study the settlement in secret. Instead of inviting Google, she invited class-action lawyers and others to provide “tutorials” on various aspects of the 141-page legal document, she said.

Pamela Samuelson Emphasizes Google Book Deal’s Limitations

-National Public Radio, September 2, 2009 by Laura Sydell
http://www.npr.org/templates/story/story.php?storyId=112484311

“[The Authors Guild doesn’t] share the academic values that I think would lead people like me to prefer and want to maximize public access rather than maximize revenues,” she says. Though Google says authors can opt out of making people pay to see their work, Samuelson remains skeptical because some of the fine print in the agreement could be construed differently.

-KQED FM, September 8, 2009 Host Michael Krasny
http://www.kqed.org/epArchive/R909080900

“The problem is not that Google Books doesn’t offer us some very valuable access to public domain books right now and to books whose right’s holders have agreed to it. My letter doesn’t ask the judge to deny or reject the settlement altogether, but to say, ‘there are still some things that need to be dealt with.’ And so I’m asking him to condition his approval of the settlement.”

-Library Journal, September 10, 2009 by Norman Oder and Josh Hadro
http://www.libraryjournal.com/article/CA6695942.html

“Academic authors would, we believe, have insisted on much different terms than the Authors Guild did, especially in respect of pricing of institutional subscriptions, open access, annotation sharing, privacy, and library user rights to print out pages from out-of-print books,” Samuelson wrote.

-Berkeleyan, September 10, 2009 by Carol Ness
http://www.berkeley.edu/news/berkeleyan/2009/09/10_google-books.shtml

Samuelson has written that the settlement would amount to “a privately negotiated compulsory license designed to monetize millions of orphan works” for the benefit of Google, plus some—but not all—authors and publishers.

Pamela Samuelson Explains Scholars’ Opposition to Google Settlement

NPR, ″all tech considered″ blog, August 25, 2009 by Laura Sydell
http://www.npr.org/blogs/alltechconsidered/2009/08/uc_berkeley_law_scholar_tells.html

“A lot of academic authors never really wrote those books for the money in the first place,” says Samuelson. She says what many scholars want is for their ideas to reach a large number of people. If the current settlement is approved, Samuelson says people will have to pay for access to digitized versions of work by scholars who feel it’s more important for people to see their work and share their ideas than it is for them to make a few extra pennies.

Pamela Samuelson Comments on Growing Confusion over Google Book Deal

San Francisco Chronicle, August 19, 2009 by James Temple
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/08/19/BUQH199RJU.DTL&type=printable

Some legal experts believe the growing confusion will create more opposition to the deal, which could factor into the settlement hearing and potentially limit the scope of the books program. But Pamela Samuelson, co-director of the UC Berkeley Center for Law and Technology, said it’s more likely to lead to a sort of collective paralysis that prevents affected parties from taking any action.

Pamela Samuelson Remarks on ″Audacity″ of Google Book Search Settlement

-The Huffington Post, August 10, 2009 by Pamela Samuelson
http://www.huffingtonpost.com/pamela-samuelson/the-audacity-of-the-googl_b_255490.html

Why did Google decide to settle instead of to fight? Inspired perhaps by Rahm Emanuel, who has observed “you never want a serious crisis go to waste,” Google recognized that AAP and the Guild would be willing to settle their lawsuits by vastly expanding the plaintiff class to all persons with a U.S. copyright interest in one or more books. The settlement could then give Google a license to commercialize all books owned by the class.

-Library Journal, August 11, 2009 by Norman Oder
http://www.libraryjournal.com/article/CA6675916.html

Samuelson contends that Google, which had a good case that its scanning was fair use, chose to settle with the plaintiffs, the Association of American Publishers (AAP) and the Authors Guild (AG), because it could then get access to the universe of books. And the APP and AG would be willing to settle because they’d get a privileged position as representatives of the larger classes.

Pamela Samuelson and Tara Wheatland Criticize Huge Music Damage Awards

Minnesota Daily, July 14, 2009 by Editorial Board
http://www.mndaily.com/2009/07/14/inequitable-punishment

As stated by University of California- Berkley Law School professors Pamela Samuelson and Tara Wheatland, the legal system has failed to “develop a jurisprudence to guide decision-making” in what is fair and just in awarding damages in copyright cases. Until a fairer legal structure is developed, organizations such as the RIAA will continue to take the livelihoods of thousands of Americans.

Pamela Samuelson Attacks Google Book Search Settlement

-PC World, July 2, 2009 by Nancy Gohring
http://www.pcworld.com/businesscenter/article/167830/doj_officially_opens_investigation_into_google_book_search.html

Pamela Samuelson, a professor at the University of California at Berkeley, argues that the proposed settlement is in essence a way to monetize so-called orphan works, and that it is questionable whether the deal represents the best interests of the authors of such works. Orphan works are those for which no one claims ownership, because either the author is dead or the publishing house no longer exists.

-Internet Search Engine Database, July 5, 2009 by Kaila Krayewski
http://www.isedb.com/db/articles/2090/1/Google-Book-Search-Settlement-Inquiry-Announced/Page1.html

Samuelson asserts that the settlement would give Google a monopoly over the biggest digital collection of books in the world. The settlement would also allow Google to sell orphan books and subscriptions to them—making it the first company ever with such a right. Another major problem with the settlement is that unless copyright owners opt out of the settlement, they are effectively opting in.

Pamela Samuelson and Tara Wheatland Want Copyright Reform, Cite Damages in Music Case

-Ars Technica.com, June 21, 2009 by Nate Anderson
http://arstechnica.com/tech-policy/news/2009/06/whats-next-for-jammie-thomas-rasset.ars

University of California law professor Pam Samuelson, an expert on statutory damages and copyright law, also called for reform in a fascinating paper released in April 2009. In reference to the first Thomas-Rasset judgment, Samuelson concluded, “Some jurors in the Thomas case wanted to award $750 per infringed song, while others argued for $150,000 per song; why they compromised on $9250 per song is a mystery. In today’s world where the average person in her day-to-day life interacts with many copyrighted works in a way that may implicate copyright law, the dangers posed by the lack of meaningful constraints on statutory damage awards are particularly acute.”

-Wired.com, June 22, 2009 by David Kravets
http://www.wired.com/threatlevel/2009/06/thomasfollow/

Fellow Tara Wheatland and Berkeley scholar, Pamela Samuelson, argue that juries and judges need more congressional guidance when it comes to their deliberations on damages. “We know of no other area of law in which judges and juries are given such open-ended discretion to award up to $150,000 in damages without any burden of proof on plaintiff to prove the fact or extent of the harms they suffered,” the duo write in Statutory Damages in Copyright Law: A Remedy in Need of Reform.

Pamela Samuelson Opposes Google Book Deal

PC World, June 10, 2009 by Juan Carlos Perez
http://www.pcworld.com/businesscenter/article/166417/reports_doj_turns_up_the_heat_on_googles_book_deal.html

“The Book Search agreement is not really a settlement of a dispute over whether scanning books to index them is fair use. It is a major restructuring of the book industry’s future without meaningful government oversight. The market for digitized orphan books could be competitive, but will not be if this settlement is approved as is,” Samuelson wrote.