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Owner Account Options (which Google Ought To Have Provided)

by Lynn Chu

Here is the set of Owner Options to "turn on" their scans that Google ought to have provided to us all, had it acted like a responsible citizen, rather than trying to use the federal courts to turn a grotesque contract of adhesion into "law." Follow the link to the left to view a new Google Partner contract, redrafted for basic fairness to owner-authors.

OWNER* ACCOUNT** OPTIONS


*Owner warrants his/her ownership to Google online.

**As publisher, Google has the sole responsibility for all costs of contracting and negotiating with each owner, disclosing all proposed uses of their works, and furnishing them with full and accurate accountings.


1. BASIC OPTIONS

Select a work… OR [_] Apply these options to all my works.

(NB: With the data now under its control, Google must pay all costs of listing all works and inserts accurately, showing (at least) Author, Title, Edition, Publisher, City, Format, Copyright Date, and page numbers of each separately authored insert or book work. Google may solicit authors for corrections, but list accuracy and liability for errors is Google’s sole ongoing responsibility which will not be waived in this litigation. It assumed that risk of doing business when it first stole the scans.)

[_] Delete this work (or all my works) from this dbase.
Warning: Permanent! No undo! To rejoin you must furnish Google with a new scan. [_] Yes, proceed. [_] No, cancel.

[x] [DEFAULT] Keep my scan in the dbase but allow no use of it. This includes no search of it by Google or anyone else, for any purpose, commercial or research. I understand that my scan will go into an unsearchable volume. At a future date, I have the right to activate my scan. I may also at any time ask Google to send me a copy of it.

[x] [DEFAULT] Google will prioritize the edition I select (Select a work…) over other editions and over third party anthologies containing inserts of mine, in all listings of search hits.


2. OWNER PERMISSIONS AND FEES FOR USE IN DBASE

Select a work… OR [_] Apply these options to all my works.

[_] Permit only Private Commercial Research and Development use (searching), but no public access or search. Google and its competitors may search the dbase including my work(s) in developing any commercial products or services they like.
Google Fee Offer: $______/month.

[_] Permit only Research and Development by persons associated with colleges and universities (scholarly use). NB: If your work has primarily a scholarly market, this may hurt your work’s print sales. Do not select unless you are willing to risk losing sales.
Google Fee Offer: $______/month.

[_] Permit both of the above, but disallow search by the general public.
Google Fee Offer: $______/month.

[_] Permit all of the above and all other public search.
Google Fee Offer: $______/month.

[_] I wish to be contacted by Google to negotiate the above fee offer.


3. PRICING OPTIONS

Select a work… OR [_] Apply these options to all my works.

[_] I permit Google to autoprice my work.
Google currently estimates my work’s price at: $[______].

Price each copy of my full work for sale at: $_________.

Price each page of my work for photocopying at: $_________.


4. ADVERTISING OPTIONS

Select a work… OR [_] Apply these options to all my works.

[x] [DEFAULT] I permit no ads to be displayed on any of my works, listings of my works, or lead-in pages to my works.

[_] I must approve all advertisement types (that I permit below), in advance, as to both the content and the identity of the advertiser.

[_] I only permit ads that Google algorithms (scripts) put, without human intervention, next to search result listings of my works. I don’t permit any ads on actual displays of my works or lead-in pages to those displays.
Google Fee Offer: $______/month OR ______% of all Ad Revenue*

[_] I permit the above ads but also permit ads on actual displays of my works, incuding lead-ins pages to those displays.
Google Fee Offer: $______/month OR ______% of all Ad Revenue*

[_] I permit ads that advertisers themselves ask to place next to search result listings of my works. I don’t permit any ads on actual displays of my works or lead-ins pages to those displays.
Google Fee Offer: $______/month OR ______% of all Ad Revenue*

[_] I permit the above ads but also permit ads on actual displays of my works, incuding lead-ins pages to those displays.
Google Fee Offer: $______/month OR ______% of all Ad Revenue*

[_] I permit all types of ads
Google Fee Offer: $______/month OR ______% of all Ad Revenue*

ADVERTISING FEE BASIS:
[_] I choose to be paid Google’s monthly fee.

[_] I choose to be paid Google’s proferred percentage of all Ad Revenue.

* NB: Ad Revenue means all ad revenue on ads next to my work or listings. Google agrees that it will not exclude any revenue from ads on pages which the user searches from the main Google searchbar rather from a subdomain searchbar—an exclusion in the rejected previous settlement agreement.

[_] I wish to be contacted by Google to negotiate my fee or percentage.


5. DISPLAY OPTIONS

Select a work… OR [_] Apply these options to all my works.

Display Start Date: __/__/__ TO Display End Date: __/__/__

Display these pages only: Start Page Number: ____ End Page Number: ____

Display a maximum of ____ words/pages around each search hit

[_] Begin fixed preview at search hit

[_] Terminate fixed preview at search hit

[_] I permit only “snippet view.” Please autosize my snippet size for me based on my specifications below.

Specify work type: (poem, epic poem, article, chapter in book or anthology, children’s book, novel, nonfiction book (short, medium, long, very long…)

Specify this work’s word count: _______


6. GOOGLE PUBLIC AND PRIVATE DISCLOSURE AND TRANSPARENCY DUTIES

Google must furnish ongoing aggregate data from the dbase to the general public. To owners individually, Google owes prior notice, accountings, and rights of audit regarding all uses of their works. Google may not profit by its theft of copyrights, over those who heeded the law. Its proposed settlement took gross advantage of ill-represented authors and colluded with the publisher group in order to rob them of even more rights than those Google originally stole. Google’s unclean hands in this whole affair gives it a special obligation to be fair in the contract it is attempting to offer to the public via this litigation. Google must give equal access to the scan set to all competitor digital publishers, on easy terms, with the goal of free access after recoupment of actual out of pocket costs of Google’s $10 per copy cost of scanning, excluding all related Google business and marketing costs in its venture. All costs arising from this litigation should be considered excluded Google marketing costs.

These owner control options must be implemented. They include each owner’s right at any time to delete their own work from the dbase, to receive upon request their own digital file for their own safekeeping, the right to negotiate, in advance, any and all terms of Google’s publishing contract with respect to all uses of a work, and Google’s duty to prominently disclose the name of the owner of each work licensing its listing or other display on the site. Google will bear full responsibility for all its business costs, and for all damages to others it inflicts, arising from its conduct of this business. The default settings indicated above are required by law; only individual owners may alter them.

A. Market competition is the only way to protect owners and to ensure that they are paid fairly (as they individually see it) for the use of their works—not litigation. Google’s licenses of competitors of the use of the scan set should be overseen by the Library of Congress, the Copyright Office, and/or SDNY. The emphasis should be on free or low cost availability of the scan set to all Google competitors. Google may recoup basic costs of production only—not of development, overhead, or any marketing. Google’s marketing includes all costs it incurred in this litigation. Google freely chose to take all business risks of running an online publishing and product development research business using others’ copyrights. It may not transfer those costs to copyright owners, or to its competitors who chose instead to heed the law.

B. Google must make freely available to the general public aggregate hit and viewtime data, and a “most viewed” listing of authored works and inserts. This is not Google data. It is all of our data, a public asset. In disaggregated form related to each work, it is its owner’s data, to whom Google owes a full accounting. Google may not monetize this data for itself without obtaining owner permission for that use. Nor may Google keep this data secret as if it were its own trade secret. Google is currently obstructing owners from obtaining their data by imposing confidentiality agreements upon owners, publishers, and literary agents. It may not do this, nor may it collude with publishers to mask the sales, hits, views, viewtimes and other accounting data that is due to its ultimate owners, the authors. Most publishers are partners of authors in book contracts. Publishers do not have the right to exclusively control any work exclusive of that work’s author, particularly as to matters as to which there has been no specific meeting of the minds.

C. Each owner must have the right to audit Google. Since Google has no cost issues relating to print publication, Google should account in far greater detail, online, on an ongoing basis, to all owners and for an unlimited number of years, but at least back to 6 years, a standard state statute of limitations period for contract claims. Cumulative totals as to hits, uniques, viewtimes, referrer data and the like, and a reasonable number of filters per work, per page, per time period, etc, must be provided. Google can do this with ease. It is good business for it to do so.

D. Google must portal estimates of all matters under its control such as autopricing, or snippet sizing per work type, and the like, for owners to consider as decide online whether to set their own book prices, or to allow Google do so on their behalf.

E. No “Registry” may be invented in this litigation. Google is directly responsible to each owner for all its business activities concerning their works, and for all costs of those activities. No owner shall be “deemed” to have delegated their authority over their works to any third party by virtue of this litigation. Such delegation by individuals is only as provided by the law and equity of contract and copyright.

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