Saturday, May 21, 2011
Sunday, May 15, 2011
Wednesday, May 11, 2011
Greg Mortenson Being Sued

via csmonitor.com (by the way, Mortenson is also being sued by Afghan tribesman who he claims were Taliban)
By Marjorie Kehe / May 9, 2011
In today's litigious society, it was the inevitable next step: There is now movement toward a class action lawsuit against "Three Cups of Tea" author Greg Mortenson.
(Author should also be in quotes-Ed. PHBC)
Mortenson, whose popular book has helped him to raise millions to support his efforts to build schools in central Asia, was one of America's most respected and best known philanthropists – until last month. That's when author Jon Krakauer appeared on "60 Minutes" to allege that Mortenson had lied in his book, misused the funds entrusted to him, and misrepresented the degree of the success of his school-building mission.
Mortenson has admitted that he "compressed" the timeline of some of the incidents in "Three Cups of Tea" but otherwise denies any claims of wrongdoing. His charity, the Central Asia Institute (CAI), has stated that in order to "address the recent media allegations" it is "gathering relevant facts from our field managers in Pakistan and Afghanistan to provide more comprehensive reporting." According to those close to Mortenson, pending heart surgery has prevented him from being able to speak out more fully in his own defense.
5 essential truths in "Three Cups of Tea"
CAI board chairman Abdul Jabbar says that once Mortenson is "[a]rmed with a healthy heart" he will be ready to face the press and answer questions.
But even if Mortenson is not able to move forward at the moment, events are moving rapidly around him.
In federal court in Missoula last week, two Montana legislators – state Reps. Michele Reinhart and Jean Price – filed a claim against Mortenson, stating that they were duped into buying "Three Cups of Tea" and then giving to Mortenson's charity because they thought the stories in his book were true.
The legislators have suggested that millions of others who bought the book, heard Mortenson speak, and/or contributed to his charity could potentially became part of their suit.
Reinhart, Price, and others "purchased the book because of his heart-wrenching story which he said was true," says Alexander Blewett, attorney for Reinhart and Price. "If people had known all of this was fabricated, they would not have given the money."
The suit that Reinhart and Price have filed seeks to pursue charges against Mortenson and the CAI under the federal Racketeer Influenced and Corrupt Organizations Act because Mortenson used the US mail to solicit donations.
Mortenson and the CAI are also under investigation by Montana Attorney General Steve Bullock.
"Three Cups of Tea" was published in 2006 and has garnered a wide and wildly enthusiastic audience. The book was on The New York Times bestseller list for three years after the release of its paperback edition. (The hardcover version of the book was not a big success and the paperback took off only after Mortenson persuaded his publishers to give the book a more hopeful subtitle.) It has since sold more than 4 million copies and been published in at least 39 countries. The book is required reading on many US college campuses and for all US service people bound for Afghanistan.
Mortenson, who also published a second book, "Stones into Schools," in 2009, draws huge crowds when he speaks about his work and has raised millions of dollars for his charity through both his books and his frequent speaking tours.
The suit being pursued by Reinhart and Price proposes that any monetary damages awarded be placed into a trust and directed to schoolchildren in Afghanistan and Pakistan.
Marjorie Kehe is the Monitor's books editor.
Wednesday, May 4, 2011
May Book: The Immortal Life of Henrietta Lacks by Rebecca Skloot

via goodreads.com
Who, you might ask, is Henrietta Lacks (1920-1951) and why is she the subject of a book? On the surface, this short-lived African American Virginian seems an unlikely candidate for immortality. The most remarkable thing about her, some might argue, is that she had ten children during her thirty-one years on earth. Actually, we all owe Ms. Lacks a great debt and some of us owe her our lives. As Rebecca Skloot tells us in this riveting human story, Henrietta was the involuntary donor of cells from her cancerous tumors that have been cultured to create an immortal cell line for medical research. These so-called HeLa cells have not only generated billions of dollars for the medical industry; they have helped uncover secrets of cancers, viruses, fertilization, cloning, and gene mapping. A vivid, exciting story; a 2010 Discover Great New Books finalist; a surprise bestseller in hardcover.
Saturday, April 30, 2011
Hunger Games the Movie- Update

Since our last speculation, much of the cast and crew of the Hunger Games movie has been set. Katniss will be played by 2011 Oscar nominee Jennifer Lawrence (Winter's Bone) and will be directed by 2003 Oscar nominee Gary Ross (Seabiscuit).
Read more about it:
http://www.imdb.com/title/tt1392170/fullcredits#cast
Monday, April 25, 2011
Rare Book Found in Utah

via yahoo news:
500-year-old book surfaces in Utah
By BRIAN SKOLOFF, Associated Press Brian Skoloff, Associated Press 27 mins ago
SALT LAKE CITY – Book dealer Ken Sanders has seen a lot of nothing in his decades appraising "rare" finds pulled from attics and basements, storage sheds and closets.
Sanders, who occasionally appraises items for PBS's Antiques Roadshow, often employs the "fine art of letting people down gently."
But on a recent Saturday while volunteering at a fundraiser for the small town museum in Sandy, Utah, just south of Salt Lake, Sanders got the surprise of a lifetime.
"Late in the afternoon, a man sat down and started unwrapping a book from a big plastic sack, informing me he had a really, really old book and he thought it might be worth some money," he said. "I kinda start, oh boy, I've heard this before."
Then he produced a tattered, partial copy of the 500-year-old Nuremberg Chronicle.
The German language edition printed by Anton Koberger and published in 1493 is a world history beginning in biblical times. It's considered one of the earliest and most lavishly illustrated books of the 15th century.
"I was just absolutely astounded. I was flabbergasted, particularly here in the interior West," Sanders said. "We might see a lot of rare Mormon books and other treasures, but you don't expect to see a five-centuries-old book. You don't expect to see one of the oldest printed books in the world pop up in Sandy, Utah."
The book's owner has declined to be identified, but Sanders said it was passed down to the man by his great uncle and had been gathering dust in his attic for decades.
Because of the cotton bond paper it was printed on, not wood pulp paper like most present-day works, Sanders said the remaining pages have been well-preserved albeit literally coming apart at the seams.

"Barring further calamity or disaster, it will last another 500 years," he said.
And Sanders is certain it's not a fake.
"It passes the smell test," he said. "I'm not sure there's ever been a forger born who is ambitious enough to hand-create a five-centuries-old book in a manner sufficient enough to fool people."
But what's it actually worth? Turns out, not much.
It is believed there are several hundred copies in circulation worldwide, making it not-so-rare of a find, and about two-thirds of its pages are missing.
Still, it's not the monetary value that excites Sanders.
"Just the opportunity to handle something from the very beginning of the printed word and the book itself, especially, ironically, in the 21st century with all this talk of the death of the book, and here we have a book that's survived 500-plus years," he said. "It's just exciting. ... The value of an artifact like this to me is the least interesting part of it all."
Sanders is displaying the copy at his rare book shop in Salt Lake City.
San Francisco-based antiquities book dealer John Windle said if this copy of the Nuremberg Chronicle were in mint condition and fully intact, it could be worth up to $1 million.
One in such shape sold last year at a London auction for about $850,000, Windle said, but not so much because it's such a rare find.
"The rarity of the book has almost nothing to do with its value," he said. "If you're collecting monuments of printing history, monuments of human history, if you're collecting achievements of the human spirit through the printed word, this is one of the foundation books. ... Every book collector wants a copy of that book or at least some pages from it."
Windle noted that while its worth to collectors is priceless, it is "probably the most common book from the 15th century making its way onto the market these days."
"We have a saying in the book trade: There's nothing as common as a rare book," he added.
Because of this book's tattered state, Windle said it's likely worth less than $50,000.
"It basically kills the value," he said. "If it turned up in perfect condition in Salt Lake City, now that would be amazing. That would be astounding."
Luise Poulton, curator and head of rare books at the University of Utah's J. Willard Marriott Library, called it an "exciting find," but largely just because of the way it surfaced.
"It's that classic story," said Poulton, who has several pages from another copy of a Nuremberg Chronicle on display. "You really never know what's in your attic."
Video of Story:
http://news.yahoo.com/video/us-15749625/first-person-buying-a-book-from-1493-25016254
Sunday, April 24, 2011
R.L. Stein: Off Putting
I was flipping through the LA Times Festival of Books 2011 program guide and came across something incredibly off putting. R.L. Stein's portrait shot. Now, I don't expect much from author portrait shots (no offense) but I found this one stood out as particularly...the best word I can think of is smarmy.
Exhibit A:

As I did more research I found that this was not an isolated incident. It would appear that Mr. Stein is not just a master of young adult thriller and horror novels, but a master of the completely disinterested portrait shot. Please enjoy the remaining evidence.
Exhibit B:

Exhibit C:

Exhibit D:

Exhibit E:
Exhibit A:

As I did more research I found that this was not an isolated incident. It would appear that Mr. Stein is not just a master of young adult thriller and horror novels, but a master of the completely disinterested portrait shot. Please enjoy the remaining evidence.
Exhibit B:

Exhibit C:
Exhibit D:

Exhibit E:
Wednesday, April 20, 2011
For Those Unfamiliar With Stephen Glass
This was a great movie made a while back called "Shattered Glass". It stars Hayden Christianson (Darth Vader) in probably his best acting work.
Where are they Now? by Mike Krumboltz

Via Yahoo News
Frey, Glass, and Blair: Where are they now?
By Mike Krumboltz
By Mike Krumboltz mike Krumboltz – Tue Apr 19, 5:28 pm ET
The recent "60 Minutes" story on Three Cups of Tea co-author Greg Mortenson sparked an avalanche of online interest. The segment, which aired on Sunday, raised questions as to whether Mortenson fabricated or exaggerated significant portions of his best-selling memoir about building schools in the Middle East.
Mortenson says he stands by the book. However, many Web searchers are already lumping him in with three infamous writers who took liberties with the truth. Following the expose, online lookups for James Frey (author of A Million Little Pieces), Stephen Glass (former writer for The New Republic and Rolling Stone), and Jayson Blair (former writer for the New York Times) all surged. Here's a look what those writers are up to now.
James Frey
In 2003, James Frey (pictured above) released A Million Little Pieces, his memoir of drug addiction and recovery. It sold millions of copies, earned inclusion into Oprah's book club, and helped turn Frey into one of the hottest young writers in America. But then it was revealed that a significant amount of the book was fabricated, and Frey's life quickly took a turn for the worse.
Frey has (wisely) moved on from the pseudo-memoir genre into pure fiction. In 2009, he formed Full Fathom Five, a publishing company specializing in young adult novels. The company had a big win with the "I Am Number Four" series (one of which was turned into a poorly received film). Frey co-authored those books with Jobie Hughes.
On his own, he wrote Bright Shiny Morning, a novel. Publisher's Weekly said it's "a train wreck of a novel, but it's un-put-downable, a real page-turner--in what may come to be known as the Frey tradition." Long story short, Frey landed on his feet after finding his true home in straight-up fiction.
Stephen Glass
Cast your gaze back to the early age of the Internet, when fact checking involved more than a few web searches. Journalist Stephen Glass worked for the highly respected magazine The New Republic. He wrote fabulous and hilarious reports on everything from Young Republicans gone wild to an incredible tale of a teenage hacker hired by the United States government.
Amazing stories, but they weren't true. And when they were discovered, the bottom quickly fell out for Glass. Disgrace and depression quickly took hold. A film, Shattered Glass, starring Hayden Christensen, was released in 2003 to strong reviews. Glass described watching the film as very difficult.
Glass has largely stayed out of the public eye. He wrote a novel called The Fabulist, but it failed to garner much attention (or sales). According to various sources on the Web, Glass went to law school at Georgetown following the scandal and applied to join the bar in California and New York. According to Vanity Fair, Glass also did some "first-person storytelling sketches with the L.A.-based comedy troupe Un-Cabaret."
Jayson Blair
The one-time reporter for the New York Times was in a heap of trouble after he was found to have fabricated quotes and plagiarized from other sources.
Blair was dismissed by the Times, and the paper called the scandal "a low point in the 152-year history of the newspaper." Not surprisingly, Blair left the journalism field, and tried other ventures.
A few years ago, Blair became a "certified life coach" in Northern Virginia. According to his official site, he specializes in "career assessment, attention deficit disorder, pervasive developmental disorders, mood disorders and substance abuse disorders."
(Author James Frey listens during an interview before a book signing in New York, Tuesday May 14, 2008.: Bebeto Matthews/AP)
Tuesday, April 19, 2011
Random House Book Club Forum April 26th

Random House representative Ron Shoop will be presenting book club recommendations April 26th at 6:30 at the Ygnacio Valley library.
I went to this last year (click the label link below) and thought it was a relatively ok experience. The presentations of new books are well done, informative, and at times entertaining. Although, he did give some REALLY bad advice on the Thomas Steinbeck novel In the Shadow of the Cypress which was a horrible use of paper and ink.
There was also a raffle at the end. I was hoping that the winner would be able to have a pick of books. While that was not the case, I (the winner) did get a bag of books. This was pretty nice, although only one of the books looked interesting, I wound up giving all of the books a way (which was not a easy task I assure you). By the way, I'm pretty sure the only reason I won the raffle was because I was the last person to put my card in.
Regardless of all the shortcomings, I do intend on attending this event and recommend that you do as well.
The Yak Crap is Hitting the Fan

I'm sure by now most of you have heard the fraud allegations brought up in this past Sunday's episode of 60 Minutes against Greg Mortenson. To learn more about this situation follow the links below. (I recommend reading the comments section of the 60 minutes video for added 'entertainment')
60 Minutes Video:
http://www.cbsnews.com/video/watch/?id=7363068n
60 Minutes transcript:
http://www.cbsnews.com/stories/2011/04/15/60minutes/main20054397.shtml?tag=currentVideoInfo;segmentTitle
Central Asia Institute Website With Responces to 60 minutes story and questions:
https://www.ikat.org/
The American Himalayan Foundation:
http://www.himalayan-foundation.org/
NBC Today Show Video:
http://today.msnbc.msn.com/id/42647480/ns/today-books/
Bozeman Daily Chronicle:
http://www.bozemandailychronicle.com/news/article_ee83bfae-6a32-11e0-983e-001cc4c002e0.html
Monday, April 18, 2011
Google's Loss: The Public's Gain by Robert Darnton

Gets a little too much into the legal mumbo-jumbo, but interesting nonetheless.
via nybooks.com
It is too early to do a postmortem on Google’s attempt to digitize and sell millions of books, despite the decision by Judge Denny Chin on March 23 to reject the agreement that seemed to make Google’s project possible. Google Book Search may rise from the ashes, reincarnated in some new settlement with the authors and publishers who had taken Google to court for alleged infringement of their copyrights. But this is a good time to take a backward look at the ground covered by Google since it first set out to provide access to all the books in the world. What went wrong?
In the forty-eight-page opinion that accompanied his decision, Judge Chin indicated some of the wrong turns and paths not taken. His reasoning ran through each stage in the evolution of the enterprise:
• 2004: Google started digitizing books from research libraries and displaying snippets of them for online searches. You could find short excerpts from a book online but not the full text.
• 2005: The Authors Guild and the Association of American Publishers sued Google for violation of their copyrights.
• October 28, 2008: After arduous negotiations, Google and the plaintiffs filed a proposed settlement with the Southern Federal District Court of New York.
• November 13, 2009: In response to hundreds of objections filed with the court, Google and the plaintiffs submitted an Amended Settlement Agreement (ASA).
• February 18, 2010: Judge Chin conducted a fairness hearing at which more objections were raised.
• March 23, 2011: Judge Chin rejected the ASA.
What began as a project for online searching metamorphosed during those seven years into an attempt to create the largest library and book business ever imagined. Had Google kept to its original plan, it might have won its case by invoking the doctrine of fair use. To display a few sentences in the form of snippets could hardly be equated with reproducing so much text that Google was effectively appropriating the bulk of a book. The early version of Google Book Search did not amount to commercial competition with publishers, because Google provided its search service free of charge, although it linked its displays to advertisements.
Then the lawyers took over. For more than two years, the legal teams of Google and the plaintiffs wrangled over details of how their differences could be resolved by a partnership in a common commercial enterprise. (The lawyers’ fees for the various parties eventually came to $45 million.) The result, Google Book Search, had many positive aspects. Above all, it promised to provide millions of readers with access to millions of books. It also gave authors an opportunity to have their out-of-print works revived and circulated widely, instead of lying unread on the shelves of research libraries. The authors would collect fees from the retail sales of the digital copies, and the libraries would gain access to the entire data bank, consisting of millions of books, by paying an annual subscription fee. If the prices were moderate, everyone would benefit.
The settlement had many other advantages: free service on at least one terminal at public libraries, special measures to help the visually impaired, and access to Google’s database for large-scale quantitative research. Its main disadvantage, according to many critics, was its commercial aspect. Google asked libraries to supply it with their books free of charge—not quite free, actually: Google paid for the digitizing but the libraries shouldered heavy transactional costs. (Harvard paid $1.9 million to process the 850,000 public domain books that it furnished to Google.) In return, the libraries were required to buy back access to those books in digital form for a subscription price that might escalate to a ruinous level. The subscription rate would be set by a Book Rights Registry composed of representatives of the authors and publishers who had an interest in maximizing their income. Therefore, the settlement could look like a way to conquer and divide a lucrative market: 37 percent of the income would go to Google, 63 percent to the plaintiffs, the authors and publishers who had become its partners. No one represented the public interest, and no public authority was empowered to monitor an operation that seemed likely to determine the fate of books far into the digital future.
In his opinion, Judge Chin did not dwell on the commercial aspects of Google Book Search, except insofar as they posed a threat to restrain competition. Two memoranda from the Department of Justice had alerted him to the danger of a violation of the Sherman Antitrust Act, and he especially objected to the way that threat applied to the digitization and marketing of “orphan” books—books whose copyright owners have not been identified. Orphan books—and unclaimed copyrights in general—are crucial to the entire enterprise, because there are so many of them, perhaps five million, according to a recent estimate. Most of them date from the period between 1923 and 1964, when copyright law is particularly ambiguous. Any database that excluded them would be disastrously deficient, but any enterprise that included them would expose the digitizer to ruinously expensive lawsuits. Damages would probably run to at least $100,000 per title. The settlement solved this problem by giving Google exclusive exemption from litigation. If any owners of unclaimed copyrights identified themselves, they would be compensated, but they could not collect damages.
In its original version, the settlement went further. It made Google and the plaintiffs effective proprietors of the orphan books and permitted them to pocket the income from their sale, even though hardly anyone involved in Google’s enterprise had ever had anything to do with the creation of those works. The amended version of the settlement eliminated that provision, but it continued to give Google exclusive legal protection in a manner that would discriminate against potential competitors. It amounted to changing copyright law by litigation instead of legislation.
In objecting to this aspect of the settlement, Judge Chin insisted that issues of such importance should be decided by Congress, all the more so since the settlement would determine future activities instead of merely remedying damages that took place in the past. Class action suits that affect the future look dubious in court, and the Google Book Search case also included a doubtful opt-out provision. It provided that any author of a book that was covered by copyright but no longer commercially available (that is, essentially, in print) would be deemed to have accepted the terms of the settlement unless he or she explicitly notified Google to the contrary. Judge Chin noted that 6,800 authors had opted out, an indication that the settlement may not have looked acceptable to a considerable proportion of the class that the Authors Guild claimed to represent.
How large is that class? The Guild has 8,000 members, but there must be far more than 100,000 living writers who have published a book during the last fifty years. Many of them are academic authors who do not depend on the sale of books to make a living. Some of them sent memoranda to the court saying that they preferred to have their out-of-print books made available free of charge, because they cared more about the diffusion of their ideas than what little income they might derive from sales. Of course, professional writers have a vital interest in sales, and they understandably pressed hard to make the most from the deal with Google. Judge Chin did not disparage anyone’s motives, but he showed concern for the representativeness of the class composed of authors that was involved in the class action suit and the antagonistic interests of different groups of its members.
Judge Chin also mentioned other problems that had been stressed in the five hundred amicus briefs and memoranda that had been submitted to the court. Two stand out.
Foreign authors and publishers objected that the settlement violated international copyright law. Google digitized many of their works without their permission, even though they held copyrights in their home countries. The settlement treated them as if they belonged to the same class as the American rightsholders, despite the fact that they had little possibility of studying the terms of the settlement and opting out of it. The ASA met most of those objections by eliminating copyrighted books that were published abroad, except in the United Kingdom, Canada, and Australia. But foreigners continued to protest about the potential violation of their rights and noted that they, too, had an orphan book problem.
To many who sent their objections to the court, as well as others, Google Book Search threatened to violate their privacy. In the course of administering its sales, both of individual books and of access to its database by means of institutional subscriptions, it would accumulate information about the private activity of reading. It would know who read what, including in many cases the precise passages that were read and the exact time when the readers consulted them. The ASA provided some assurances about this danger, but Judge Chin recommended more, should the ASA be revised and resubmitted to the court.
He also urged the possibility that a further revision of the settlement might be acceptable to the court if its key provisions were switched from opt-out to opt-in requirements. In that case, presumably, the authors of copyrighted, out-of-print books would not be considered to have accepted the settlement unless they gave notice of their intention to do so. If enough of those authors could be located, or volunteered to consent to the settlement, Google Book Search might build up a large database of books published since 1923. But the logistics and the transaction costs might make that task unfeasible, and the problem of orphan books would remain unsolvable without congressional legislation.
The cumulative effect of these various objections, many of them endorsed by Judge Chin’s decision, could give the impression that the settlement, even in its amended version, is so flawed that it deserves to be pronounced dead and buried. But that would mean the loss of its many positive features. How could its advantages be preserved without the accompanying drawbacks? The answer that I and others have proposed is to create a Digital Public Library of America (DPLA)—that is, a collection of works in all formats that would make our cultural heritage available online and free of charge to everyone everywhere.
Having argued so often for this alternative to Google Book Search, I may fall victim to the syndrome known in France as preaching for one’s own saint. Instead of repeating the arguments previously made in these pages and elsewhere,* I would like to show how the case for the Digital Public Library would look if seen from the perspective of similar projects in other countries.
The most impressive attempts to create national digital libraries are taking shape in Norway and the Netherlands. They have state support, and they involve plans to digitize books covered by copyright, even those that are currently in print, by means of collective agreements—not legalistic devices like the class action suit employed by Google and its partners, but voluntary arrangements that reconcile the interests of the authors and publishers who own the rights with those of readers who want access to everything in their national languages. Of course, the number of books in Norwegian and Dutch is small compared with those in English. To form an idea of what could be done in the United States, it is better to study another venture, the pan-European digital library known as Europeana.
Europeana—which already has offices in The Hague—is still in a formative phase, but its basic structure is well developed. Instead of accumulating collections of its own, it will function as an aggregator of aggregators. Information will be accumulated and coordinated at three levels: particular libraries will digitize their collections; national or regional centers will integrate them into central databases; and Europeana will transform those databases, from twenty-seven constituent countries, into a single, seamless network. To the users, all these currents of information will remain invisible. They will simply search for an item—a book, an image, a recording, or a video—and the system will direct them to a digitized version of it, wherever it may be, making it available for downloading on a personal computer or a handheld device.
To deliver such service, the system will require not only an effective technological architecture but also a way of coordinating the information required to locate the digitized items—”metadata,” as librarians call it. The staff of Europeana at The Hague has perfected a code to harmonize the metadata that will flow into it from every corner of Europe. Unlike Google, it will not store digital files in a single database or server farm. It will operate as a nerve center for what is known as a “distributed network,” leaving libraries, archives, and museums to digitize and preserve their own collections in the capillary system of the organic whole.
A digital library for America might well follow this model, although Europeana has not yet proven that it is workable. When a prototype went live on November 20, 2008, it was flooded with so many attempts at searches that the system crashed. But that failure can be taken as testimony to the demand for such a mega-library. Since then, Europeana has enlarged its capacity. It will resume functioning at full tilt in the near future; and by 2015 it expects to make thirty million items, a third of them books, available free of charge.
Who will pay for it? The European Union will do so, drawing on contributions from its member states. (Europeana’s current budget is e4,923,000, but most of the expenses fall on the institutions that create and preserve the digital files.) This financial model may not be suitable for the United States, but we Americans benefit from something that Europe lacks: a rich array of independent foundations dedicated to the public welfare. By combining forces, a few dozen foundations could provide enough money to get the DPLA up and running. It is impossible at this point to provide even ballpark estimates of the overall cost, but it should come to less than the e750 million that President Sarkozy pledged for the digitization of France’s “cultural patrimony.”
Moreover, in building up its basic collections, it could draw on the public-domain books that are currently stored in the digital archives of not-for-profit organizations like Hathi Trust and the Internet Archive—or (why not?) in the servers of Google itself, Google willing.
Once its basic structure has been erected, the Digital Public Library of America could be enlarged incrementally. And after it has proven its capacity to provide services—for education at all levels, for the information needs of businesses, for research in every conceivable field—it might attract public funds. Long-term sustainability would remain a problem to be solved.
Other problems must be confronted in the near future. As the Google case demonstrated, nearly everything published since 1923, when copyright restrictions begin to apply, is now out of bounds for digitization and distribution. The DPLA must respect copyright. In order to succeed where Google failed, it will have to include several million orphan books; and it will not be able to do that unless Congress clears the way by appropriate legislation. Congress nearly passed bills concerning orphan books in 2006 and 2008. It failed in part because of the uncertainty surrounding Google Book Search. A not-for-profit digital library truly devoted to the public welfare could be of such benefit to their constituents that members of Congress might pass a new bill carefully designed to protect the DPLA from litigation should rightsholders of orphan books be located and bring suit for damages.
Even better, Congress could create a mechanism to compensate authors for the downloading of books that are out of print but covered by copyright. In addition, voluntary collective agreements among authors of in-print books, similar to those in Norway and the Netherlands, could make much contemporary literature accessible through the DPLA. The copyright problems connected with works produced outside the United States might be resolved by agreements between the DPLA and Europeana as well as by similar alliances with aggregators on other continents. Items that are born in diverse formats such as e-books pose still more problems. But the noncommercial character of the DPLA and its commitment to the public good would make all such difficulties look less formidable than they seemed to be when they were confronted by a company intent on maximizing profit at the expense of the public and of its competitors.
In short, the collapse of the settlement has a great deal to teach us. It should help us emulate the positive aspects of Google Book Search and avoid the drawbacks that made Google’s enterprise flawed from the beginning. The best way to do so and to provide the American people with what they need in order to thrive in the new information age is to create a Digital Public Library of America.
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