SHARE
TRANSCRIPT
| TIME | SPEAKER | TEXT |
|---|---|---|
| 00:00:42 |
|
GOOD AFTERNOON. I'D LIKE TO WELCOME YOU ALL HERE TODAY. I'M ED BLACK, PRESIDENT AND CEO OF COMPUTER... |
| 00:03:59 |
|
THANK YOU, ED. I'M VERY GRATEFUL TO CCIA FOR PUTTING THIS PROGRAM TODAY. CCIA IS THE LEADING ASSOCIATION... |
| 00:19:08 |
|
THANK YOU, DAVID. LET THEM GO AHEAD AND INTEREST OUR TWO REMAINING PANELISTS. JAMES GRIMLEMAN IS A... |
| 00:20:50 |
|
I'LL JUST SIT HERE AND BE INFORMAL. YOU'RE RIGHT WHEN YOU SAID I'M A CRITIC OF CERTAIN ASPECTS OF... |
| 00:27:23 |
|
THANK YOU VERY MUCH. AND OUR ADDITIONAL PANELIST IS JONATHAN BAND. JOHN BAND HAS HELPED SHAPE THE... |
| 00:29:07 |
|
THANK YOU VERY MUCH. ON THIS ISSUE, I REPRESENT THE LIBRARY COPYRIGHT ALLIANCE, WHICH IS AN ASSOCIATION... |
| 00:37:38 |
|
THANK YOU. FIRST OF ALL, I INVITE THE PANELISTS TO QUIZ EACH OTHER AND QUERY BACK AND FORTH. I HAVE... |
| 00:39:12 |
|
IF I COULD, JUST TO DISSENT SLIGHTLY. THE INITIAL CASE BETWEEN THE PUBLISHERS AND GOOGLE WAS OVER... |
| 00:42:39 |
|
OKAY. THANK YOU. AGAIN, I'LL ASK EVERYBODY TO KEEP ANSWERS A LITTLE SHORT. JOHN, YOU'RE A GREAT PROFESSOR.... |
| 00:42:51 |
|
LET THEM JUST AGAIN TRY TO FIND SOME COMMON GROUND SO WE CAN FOCUS IN ON WHAT'S NOT IN AGREEMENT.... |
| 00:46:02 |
|
AGAIN, I'M NOT AN ECONOMIST AND I'M CERTAINLY NOT A BUSINESS PERSON. FORMALLY IT DOESN'T SEEM THAT... |
| 00:46:23 |
|
THE EASE WAY, WAY TO ANSWER THAT QUESTION IS MAKE IT MOOT AND ANY ENTITY THAT MAKES THE REVENUE PROMISES... |
| 00:46:36 |
|
THERE'S THIS TREMENDOUS INTELLECTUAL PROPERTY PROBLEM WHICH GOOGLE THROUGH THE SETTLEMENT HAS EFFECTIVELY... |
| 00:46:48 |
|
OKAY. GOOD CONCISE ANSWERS. |
| 00:46:51 |
|
YOU TOLD US TO KEEP THEM CONCISE. |
| 00:46:58 |
|
THE OTHER ISSUE AGAIN THAT WAS RAISED COMPETITIVE ISSUES, DO OTHER POTENTIAL ENTRANTS OPERATE UNDER... |
| 00:47:28 |
|
THAT'S RIGHT. .. SETTLEMENT, VERY COMPLICATED, AND YOU HAVE TO UNDERSTAND THAT YOU NEED TO PARSE BACK... |
| 00:48:34 |
|
YOU KNOW, A COUPLE OF THINGS. LAST FRIENDLY TEN YEARS AND IT'S IMPORTANT TO RECOGNIZE THAT GOOGLE... |
| 00:48:47 |
|
I WOULD SAY THAT I HAVE, HAVING HEARD DAVID'S ARGUMENTS AND OTHERS ABOUT THE NATION CLAUSE IS NOT... |
| 00:49:33 |
|
IF CONGRESS REGRETS THE COPYRIGHT LAWS [INAUDIBLE] IF THEY DO THE RIGHT WAY. LET ME BEGIN TO GO TOPIC... |
| 00:52:10 |
|
I WOULD AGREE THAT GENERALLY THERE ARE ONLY POSITIVES HERE, AND JUST TO DRILL DOWN A LITTLE BIT MORE... |
| 00:54:15 |
|
I THINK THE USE OF COPYRIGHTED WORKS ARE ALMOST BY DEFINITION ALMOST ALWAYS GREAT SOCIAL GOODS. AS... |
| 00:55:28 |
|
IN RESPONDING TO PROFESSOR GRIMMELMANN'S WAY, THEY HAVE DIFFERENT PARENTS AND IN PART OF IT GOING... |
| 00:56:07 |
|
MY PLANS GO TO THE NON-EXCLUSIVITY. HAVING GONE THROUGH THIS PROCESS BONDS WE SHOULD BE THINKING ... |
| 00:56:24 |
|
IF I COULD EXPAND TO THE TO EXPAND ON SOMETHING JIM SAID, AND I AM NOT JUST PICKING ON JAMES COME... |
| 00:58:31 |
|
A LOT OF YOUR OPINION ABOUT HOW SIGNIFICANT THE ORPHAN WORKS ARE DEPENDS UPON THE ORGAN WORKS OF ART.... |
| 00:59:11 |
|
THERE MAY BE OR MAY NOT AND I AM JUST SAYING THAT GOOGLE'S ACTIONS AND SKIMMING AND NEGOTIATING THAT... |
| 00:59:35 |
|
BUT THEY ARE SIGNIFICANT IN THE AGGREGATE, AND THAT ALWAYS CAN GO BACK TO THE AGGREGATE. THAT IS WHERE... |
| 01:01:00 |
|
MINE MAKE ONE OBSERVATION ABOUT ENTRY AND COMPETITION? SO THAT NONE OF YOU LOSE ANY SLEEP OVER THE... |
| 01:02:13 |
|
WHEN I LOOK AT GOOGLE AND ITS ONLINE SERVICES, I SEE PRETTY MUCH THE SITUATION DAVID HAS DESCRIBED.... |
| 01:03:01 |
|
BUT I HAVE SAID BEFORE I THINK -- I HAVE TO SAY I AM NO VISIONARY. I COULDN'T UNDERSTAND WHAT THESE... |
| 01:04:07 |
|
WE HAVE ACTUALLY HIT A LOT OF THE KEY TOPICS BUT PRICING. BASICALLY DUE TO REGISTRY. THERE HAVE BEEN... |
| 01:04:23 |
|
WELL, THE PRICING, AGAIN THERE'S DIFFERENT PRODUCTS. SO THE INSTITUTIONAL SUBSCRIPTION WILL BE IN ... |
| 01:04:49 |
|
IT IS IN THE FIRST CHOICE, THE RIGHTS HOLDERS ESTABLISHED -- |
| 01:04:52 |
|
NO, NO. THE PRICING OF THE INDIVIDUAL BOOKS, GOOGLE WILL SET THE PRICE BUT THAN ANY RIGHTS HOLDER... |
| 01:05:33 |
|
BUT THAT IS THE CHOICE OF THE OUTSET, THEY GO ANYWAY. |
| 01:05:37 |
|
AT ANY POINT THE RIGHTS HOLDER HAS THAT CONTROL TO TELL GOOGLE I WANT TO PRICE IT DIFFERENTLY FROM... |
| 01:05:49 |
|
WE WANT TO KNOW HOW MUCH A BOOK IS GOING TO GO FOR. [LAUGHTER] |
| 01:05:53 |
|
BELIEVE ME, IF I HAD THE RIGHTS IT WOULD BE ZERO BUT IT ISN'T CLEAR WHO HAS THE LIGHTS. [LAUGHTER]... |
| 01:05:59 |
|
THE AUTHOR PUBLISHER PROCEDURES MAKE THAT CLEAR. THE SETTLEMENT ALSO DOES INCLUDE A NUMBER OF NEW... |
| 01:06:25 |
|
UNDER THE -- FOR EVERYBODY'S INFORMATION UNDER THE ALGORITHM ABOUT 80% OF THE BOOKS I THINK WILL BE... |
| 01:06:39 |
|
LET ME OPEN IT UP. I THINK WE NOW HAVE A GOOD PATTERN OF CRISP ANSWERS. LET ME ASK THE AUDIENCE TO... |
| 01:06:50 |
|
I HAVE A VERY NARROW QUESTION. [INAUDIBLE] |
| 01:06:52 |
|
WE ARE GOING TO GIVE YOU A MIC IF YOU WILL WAIT FOR THAT, AND IF YOU IDENTIFY YOURSELF, PLEASE. |
| 01:06:59 |
|
CHRISTOPHER, HOUSE JUDICIARY COMMITTEE. I'M NOT A CLASS-ACTION LAWYER. YOU'RE PRIMARY PROBLEM IS ... |
| 01:07:29 |
|
THERE ARE -- I MEAN, AND NUMBER OF POSSIBLE MECHANISMS HERE. IF THEY WANTED TO MAKE IT AVAILABLE... |
| 01:08:05 |
|
BUT I THINK YOU HAVE THE LEGAL ISSUES WHICH YOU COULD SAY IT WOULD GET MUCH MORE COMPLICATED THE SETTLEMENT,... |
| 01:09:40 |
|
DAVID, DO YOU HAVE ANYTHING? |
| 01:09:42 |
|
I DON'T WANT TO GO OFF TO MUCH ON A CLASS-ACTION TANGENT, BUT I DO THINK IN TERMS OF PEOPLE WHO ENGAGE... |
| 01:10:03 |
|
OKAY. ANOTHER QUESTION? YES. GROUT THE MIC, PLEASE. |
| 01:10:15 |
|
THANK YOU. DANIEL O'CONNOR WITH CCRA. JOHN, I ACTUALLY HAVE A COPY OF YOUR BOOK ON MY DESK. [LAUGHTER]... |
| 01:10:22 |
|
IT'S ACTING AS A PAPERWEIGHT. [LAUGHTER] |
| 01:10:26 |
|
MY QUESTION IS IN REGARDS TO JAMES FIRST BUT ANYBODY CAN RESPOND IN REGARDS TO THE CARTEL PRICING... |
| 01:10:47 |
|
SO, THE INSTITUTIONAL SUBSCRIPTION ACT AS A CHECK ON THE PRICE OF THE INDIVIDUAL PURCHASES AND YES,... |
| 01:11:08 |
|
LET ME JUMP IN AND KIND OF GO BACK TO THE FUNDAMENTAL UNDERLYING QUESTION. WE TALKED ABOUT THE SETTLEMENT... |
| 01:11:24 |
|
ANTITRUST, I DON'T KNOW THE ANSWER TO THAT AS AN ON ANTITRUST LAWYER I THINK THERE ARE DEEP GROUNDS... |
| 01:11:39 |
|
DAVID? |
| 01:11:40 |
|
THE CLASS ACTION REVIEW PROCESS IS AN IMPORTANT ONE, AND I AM SURE PEOPLE WILL RAISE THESE ISSUES... |
| 01:12:55 |
|
BUILDING ON THAT POINT THAT IS WHAT THE LIBRARY ASSOCIATIONS HAVE DONE RECENTLY IN COMMUNICATION WITH... |
| 01:15:32 |
|
THANK YOU. I AM GOING TO TAKE ANOTHER COUPLE OF QUESTIONS OR IF WE DON'T HAVE ANY BURNING ONE'S --... |
| 01:15:47 |
|
I AM A REPORTER WITH INSIDE HIGHER EDUCATION. I WAS CURIOUS WHETHER OR NOT IT DOES ME GO TO YOUR ECOLOGY... |
| 01:16:09 |
|
YES. [LAUGHTER] |
| 01:16:14 |
|
DOES THE SETTLEMENT GOING FURTHER IN ADDRESSING THE FUNDAMENTAL QUESTION OF WHERE DOES THAT LEAVE... |
| 01:16:24 |
|
I HAVE HEARD PEOPLE RAISE THE ARGUMENT THAT IN PRACTICAL TERMS BECAUSE GOOGLE SETTLED THAT HURTS THE... |
| 01:17:38 |
|
I AM A CLASS-ACTION ATTORNEY AND I ALSO BRING AND DEFEND CLASS-ACTION SUITS, AND JUST AS A SIMPLE... |
| 01:17:54 |
|
ABOUT WHAT I WOULD WANT TO ADD AND I AGREE WITH COMPLETELY WHAT BOTH DAVID AND JAMES SAID, BUT JUST... |
| 01:19:33 |
|
ANDREW FROM THE CENTER OF TECHNOLOGY. THIS WAS BACK TO JOHN'S POINT FROM A COUPLE OF MINUTES AGO ON... |
| 01:20:12 |
|
THE CERTAINLY -- I WOULD BE AN ISSUE THE COURT WOULD HAVE TO DEAL WITH. YOU KNOW, THE ASSOCIATIONS... |
| 01:20:48 |
|
I WOULD BE SOMEWHAT MORE CONCERNED IF IT WERE NOT FOR ONE THING WHICH IS THE SETTLEMENTS OPT OUT PROVISIONS... |
| 01:21:41 |
|
I AGREE COMPLETELY WITH BOTH DAVID AND JAMES ON THAT AND TO THE EXTENT THERE ARE PROBLEMS THOSE WILL... |
| 01:22:17 |
|
ANY ADDITIONAL QUESTIONS? YES. HOUSE JUDICIARY. THE ORPHAN WORKS ISSUE IS SOMETHING THAT I THINK... |
| 01:22:43 |
|
I THINK THAT WHEN THE SETTLEMENT BECOMES USELESS. THE WHOLE POINT HERE IS, AGAIN THESE ARE NOT WORTH... |
| 01:24:31 |
|
[INAUDIBLE] |
| 01:24:34 |
|
PEOPLE WOULD HAVE TO REGISTER WITH THE BMR. IT'S THE RIGHT TOLD JURORS COMING FORWARD AND REGISTERING.... |
| 01:25:17 |
|
I THINK THAT OPENING UP ORGAN WORKS TO NEW USES IS A GREAT IDEA AND WE REALLY WOULD BE BETTER OFF... |
| 01:25:29 |
|
I THINK IT IS AN IMPORTANT ASPECT OF THE SETTLEMENT SO WE SHOULD TRY TO MAKE IT WORK WITHIN THE SETTLEMENT.... |
| 01:25:42 |
|
UNANIMITY, AMAZING ADDITIONAL QUESTIONS? IF NOT WE'RE PROBABLY GOING TO BRING HER TO A CLOSE. THANK... |
| 01:25:59 |
|
DAVID BALTO IS A SENIOR FELLOW AT THE CENTER FOR AMERICAN PROGRESS. HE WAS A PRIVATE ANTITRUST ATTORNEY... |
NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.
