Because I don't want BearManor Media books scanned without our say so, I have opted all BM titles out of the controversial settlement that Google is making with the human race. It seems the legal system doesn't mind that they are scanning copyrighted works, including out of print books. I think this is worse than appalling and will only lead to revolution or less books being written. And even though I opted out last week, I still got this email, for some reason, making me wonder if Google paid attention to the form I filled in at all.

Of course we can't boycott Google. They are too big. But hopefully we can figure out ways of complaining and fighting that will have impact. One person can't do it. It takes many. Please join the fight to literary liberty.

Ben Ohmart


Dear Google Book Search Partner,

We're excited about the proposed settlement agreement regarding the Google Book Search Library Project. We want to make sure rightsholders everywhere have enough time to think about it and make sure the settlement is right for them. We wanted to let you know that the court has extended the opt-out deadline until September 4, 2009.

We also wanted to share with you some of the most frequently asked questions we've heard from partners about the proposed settlement and the Google Book Search Partner Program. If you have specific questions about the settlement, we ask that you contact Publisher Sub-Class Counsel, at bookclaims@debevoise.com. Authors can contact Author Sub-Class Counsel, at bookclaims@bonizack.com.

Best regards,
The Google Book Search Partnerships Team
books-support@google.com

What does the settlement mean for the Partner Program?
The Partner Program will continue to be available to publishers in parallel to the settlement.

What is the difference between the settlement and the Google Partner Program?
This settlement covers books that are being copied by Google (primarily in libraries) without the permission of any rightsholder. Books in the Partner Program are displayed by Google only with the permission of one or more rightsholders of the book. A book that is covered by the settlement can be in the Partner Program. Some books (such as those published after January 5, 2009), however, can be in the Partner Program but not the settlement.

Can I participate in both the Partner Program and the settlement?
Yes. Google intends to make available to Partner Program participants revenue models similar to those that are in the settlement. For books that are in both the settlement and the Partner Program, you will have the option to participate in the revenue models available through the settlement or the Partner Program.

What is opting out?
As with any class action settlement, you have the option to opt out of the class. If you opt out of the class, you will not receive any of the settlement's benefits, you will not be bound by any of its terms and you will retain the right to file your own lawsuit against Google relating to the Google Book Search Library Project. When you opt out you are not removing your books from the index. Under the settlement you will have the right to remove books. The court has extended the opt-out deadline until September 4.

My books were scanned in both the Library Project and the Partner Program. Should I still claim them?
Yes. Books covered by the settlement may also be in the Partner Program and you may wish to claim your books under the settlement to obtain its benefits. Any books scanned by Google under the Library Project could be eligible for a cash payment if they are covered by the settlement, even if you separately provided copies of them to us through the Partner Program. If the settlement is approved, you would be paid for each book that Google scanned on or before May 5, 2009 without your permission. In addition, if you claim your books under the settlement, you could also choose to manage these books through the settlement. Or, you could manage them through the Partner Program. You can claim books at any time, but in order to be eligible for the one-time cash payment for books scanned on or before May 5, 2009, you must claim them by January 5, 2010.

How can I find out which books were scanned under the Library Project?
Click on "claim books and inserts" at http://www.googlebooksettlement.com/. See the question "How can I find out if my books and Inserts have already been digitized?" in the Google Book Settlement Help Center at http://www.googlebooksettlement.com/help/bin/answer.py?answer=134644. If you have ONIX files, also see the information on "How to Identify and Claim Books Using an ONIX File" at http://www.googlebooksettlement.com/help/bin/answer.py?answer=128054#onix.

My in-print books were scanned under the Library Project and I do not want people to see them online. What do I do?
The settlement is not yet approved, so Google is not displaying any book content under the settlement. Once the settlement is approved, in-print books scanned at US libraries, which are currently viewable in Snippet View, will no longer be viewable online in the United States at all. You can claim your in-print and out-of-print books to receive the one-time payment for them, if they were scanned on or before May 5, 2009, but even if you do not claim in-print books, the books will no longer be viewable.

My out-of-print books were scanned under the Library Project. What are my options?
Once the settlement is approved, the default view for out-of-print books will be similar to the Partner Program view today with many of the same display options available as are available in the settlement. If you claim these books under the settlement, you will receive the one-time cash payment (if the books were scanned on or before May 5, 2009) and any additional revenue from the monetization options you choose. You will also have the option to remove or exclude your out-of-print books from the display uses authorized to Google under the settlement.

Does the settlement apply to publishers outside the United States?
Yes. Holders of U.S. copyrights worldwide can register their works with the Book Rights Registry and receive compensation from institutional subscriptions, book sales, ad revenues and other possible sources, as well as a cash payment if their works have already been digitized.