Fools Sue GoogleBooks!

The good part of foolish competitors is that it leaves more business for me. I received an email today telling me I can become part of a class action suit against google books because Google Books once proposed to copy everything in print and give everyone access to it.

As soon as I heard of this I entreated Google Books to put my book up open for free to the world. Almost immediately the sales of my book took off on Amazon.com. Apparently when someone googles for info on my topic, they are directed to google books where the inquirerer may read my book online. Since the info is good and unique, and reading online is tiresome, most people buy the book on amazon. Google gets a referral fee from Amazon, Amazon gets a profit on a sale, and I get a royalty on the sale. Everybody wins, especially the reader who found what he was looking for.

Very often I speak to authors who are incensed that google would do such a thing as put up books for all to read on the internet. What fools those authors are! Do I lose sales? Never! Do people go to google books and page through all 384 pages making screenshots to print a copy of my book. Yes, it happens often, as google reports show me. But none of those people would be my customer anyway. What do I care about what they are doing. I am out nothing, no more than I am out when my lit candle is used to light up someone else's unlit candle.

The amazing thing is people seem to think lawyers have a role to play in business. How they get that idea I do not know. Nonetheless they hire the lawyers, assuring they will lose much and gain nothing, and then complain about lawyers afterwards.

One reason most authors make almost nothing for their writing is they are subject to the Stockholm Syndrome, the problem when hostages become their tormentor's most loyal servants. If they were to learn a wee bit about free markets they might actually sell something they wrote. Never mind... this way there is more for me.

The email...

As an author or publisher, you may be affected by the settlement of a class action lawsuit in the United States regarding Google's scanning of books and other writings. Please read the following Summary Notice carefully.

Sincerely,
Rust Consulting, Settlement Administrator

Note: Google is sending this notification to you on Rust's behalf and has not shared your contact information with Rust. Any questions or comments should be directed to Rust at BookSettlement@RustConsulting.com

Persons Outside the United States: This settlement may affect you because it covers
U.S. copyright interests in books published outside the United States. If you hold such an interest
in a book or other material in a book, this settlement will bind you unless you timely opt out.

If You Are a Book Author, Book Publisher or Other Person
Who Owns a Copyright in a Book or Other Writing,

Your rights may be affected by a class action settlement
regarding Google's scanning and use of Books and other writings.

Authors and publishers filed a class action lawsuit, claiming Google violated the copyrights of authors, publishers and other copyright holders ("Rightsholders") by scanning in-copyright Books and Inserts, and displaying excerpts, without permission. Google denies the claims. The parties have agreed to a settlement. This summary provides basic information about the settlement. "Books" and "Inserts" are described below.
What Does the Settlement Provide?

The settlement, if Court-approved, will authorize Google to scan in-copyright Books and Inserts in the United States, and maintain an electronic database of Books. For out-of-print Books and, if permitted by Rightsholders of in-print Books, Google will be able to sell access to individual Books and institutional subscriptions to the database, place advertisements on any page dedicated to a Book, and make other commercial uses of Books. At any time, Rightsholders can change instructions to Google regarding any of those uses. Through a Book Rights Registry ("Registry") established by the settlement, Google will pay Rightsholders 63% of all revenues from these uses.

Google also will pay $34.5 million to establish and fund the initial operations of the Registry and for notice and settlement administration costs, and at least $45 million for cash payments to Rightsholders of Books and Inserts that Google scans prior to the deadline for opting out of the settlement.
Who Is Included?

The settlement class includes all persons worldwide who own a U.S. copyright interest in any Book or Insert. The meaning of "U.S. copyright interest" is broad. Wherever you are located, please read the full Notice to determine whether you are included in the settlement.

There are two Sub-Classes:
The "Author Sub-Class" (authors of Books and other writings, and their heirs, successors and assigns), and
The "Publisher Sub-Class" (publishers of Books and periodicals, and their successors and assigns).
What Material Is Covered?

"Books" include in-copyright written works, such as novels, textbooks, dissertations, and other writings, that were published or distributed in hard copy format on or before January 5, 2009. U.S. works must be registered with the U.S. Copyright Office to be included in the settlement. "Books" do not include periodicals, personal papers, sheet music, and public domain or government works.

"Inserts" include any text and other material, such as forewords, essays, poems, quotations, letters, song lyrics, children's Book illustrations, sheet music, charts, and graphs, if independently protected by U.S. copyright, contained in a Book, a government work or a public domain book published on or before January 5, 2009 and, if U.S. works, registered (alone or as part of another work) with the U.S. Copyright Office. Inserts do not include pictorial content (except for children's Book illustrations), or any public domain or government works.

The Notice contains a more detailed description of these terms and other essential information about the settlement.
What Should I Do?

Please read the full Notice, which is available at http://www.googlebooksettlement.com. Decide whether you should:
Remain in the settlement. If you do so, you will be bound by the Court's rulings, including a release of your claims against Google.
Object to or comment on the settlement. You must object/comment in writing by May 5, 2009.
Opt out of the settlement and keep your right to sue Google individually. You must opt out in writing by May 5, 2009.
File a claim for a cash payment (if you are eligible to do so). You must file your claim by January 5, 2010.
The Court has appointed Class Counsel to represent the two Sub-Classes. If the settlement is approved, Class Counsel for the Author Sub-Class will request attorneys' fees and expenses that Google has agreed to pay. You can also hire your own attorney at your own cost.

The Court will determine whether to approve the settlement at a Fairness Hearing on June 11, 2009 at 1:00 p.m.
Get Complete Information, Including the Full Notice:
Visit: http://www.googlebooksettlement.com, Call: +1.612.359.8600
Write: Google Book Search Settlement Administrator, c/o Rust Consulting
P.O. Box 9364, Minneapolis, MN 55440-9364 United States of America

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