[Greater-baltimore] Important Information on Google hearing; we need your help!

Sat Feb 13 17:54:30 UTC 2010

Hello everyone,

                As you can see from the message below, we need your help and
support.  There is a hearing regarding the Google Settlement in New York
this coming Thursday, February 18.  We need as many people as possible to
come and show support during this hearing.  Dr. Maurer will be testifying.
The hearing itself will most likely last 4 hours-possibly longer.  Due to
court etiquette we will not be able to leave when Dr. Maurer is done
testifying.  We will have to stay for the entire hearing, or until there is
a break.

 There will be transportation leaving from the National Center very early in
the morning on Thursday-most likely between 4:30 and 5 AM.  I will be sure
to give out more details about transportation as they become available.  

If you can attend this hearing, please let Pat Miller and me know.  Please
let Pat know if you will need transportation from the center.  Please do not
forget to let me know you are planning to attend; I want to keep a list.
You can reach me at 410-235-3073 or president at nfbmd.org

Please do not reply to this message as it will go to everyone on the email
list.

                Please read the message below for further information,
important security restrictions for the Federal Courthouse, and information
on the settlement itself and its importance to us.  If you have any
questions, please let me know.

I hope many of you can make it to this important hearing!

Melissa

Dear Federationists,

Your participation is needed in an important hearing this coming week.

On Thursday, February 18, at 10 a.m., a hearing will be held in the United
States District Court, Southern District of New York, regarding the proposed
settlement agreement in The Authors Guild, Inc., et. al. v. Google, Inc.,
case.  The proposed agreement has significant language to ensure that any
electronic book distribution done by Google includes equal access for
individuals with print disabilities. The hearing is important because it
will determine if the settlement agreement will be accepted by the court.

During the hearing, Marc Maurer, President of the National Federation of the
Blind, will speak in favor of the proposed settlement language ensuring
accessibility to Google's significant collection of electronic books.

It is extremely important that we have a large crowd of blind individuals on
hand to provide a visible showing of support for the accessibility
provisions of this landmark settlement agreement. Therefore, the NFB is
organizing a group of supportive observers to sit through the hearing. 

The remainder of this message provides important details about participating
in this gathering, as well as background on the settlement agreement.

The hearing will be held at: 

United States District Court

Southern District of New York

Daniel Patrick Moynihan 

United States Courthouse

500 Pearl Street

New York, NY 10007-1312 

Tel: (212) 805-0136

http://www.nysd.uscourts.gov/site_manhattan.php

The hearing is scheduled to take place in Courtroom 23B.  While the hearing
begins at 10 a.m., it is important that those wishing to participate arrive
at the courthouse as early as possible, preferably when the courthouse doors
first open

Court Security Officers will open the courthouse doors at 8:00 a.m. and
those planning to participate should be aware of the high security standards
in federal courthouse buildings. The courthouse Website notes, "Please allow
extra time to pass through the security screening. Cell phones, tape
recorders and cameras are prohibited inside the courthouse." As a result we
encourage every person planning to participate to bring as little as
possible with you to the hearing. Those bringing cell phones to the
courthouse will need to leave them at the security station and will be able
to retrieve them upon leaving the building.

It is critical for all participants to keep in mind that proper etiquette of
the court suggests that all observers should remain in their seats through
the entire hearing or until a formal break is called.  Therefore, those
wishing to participate should be prepared for the hearing to last a number
of hours. Although we are just observing the proceedings, all are strongly
urged to dress appropriately for the court (i.e. professional dress is
recommended).  

After clearing security at the courthouse, please proceed to courtroom 23B.
Mark Riccobono is coordinating the NFB group for this hearing.  When you
arrive at the courtroom, Mr. Riccobono or his designee will advise you about
next steps (it is possible that some of our group may need to go to the
overflow room). Please be sure to show up as early as possible so our group
can get good position for available seating in the main courtroom (remember
courthouse doors open at 8 a.m.).

If you are planning to attend this hearing, please send an e-mail to Pat
Miller <pmiller at nfb.org> so we can get a sense of the size of the group we
expect.  Alternatively, you can call Mrs. Miller at (410) 659-9314 extension
2369.

Finally, below is an overview of important points about the settlement as
background to the importance of this hearing. 

The Authors Guild, Inc., et. al. v. Google, Inc.  Proposed Settlement
Agreement

Overview 

Google, in partnership with leading libraries has been creating a massive
electronic books database of millions of titles.  The settlement of the suit
against Google, if approved, will resolve lawsuits brought on behalf of a
broad class of authors and publishers against Google for copyright
infringement allegations in connection with the Google Book Project.  The
agreement will significantly expand online access to works through Google
Book Search from the collections of major U.S. libraries and will also
enhance the ability of authors and publishers to distribute their content in
digital form.  All of the services that will result from this settlement for
the public will be accessible to all blind and print-disabled persons,
although Google will have up to five years after the settlement is finally
approved to deliver access.  What this settlement will do is expand by
millions of volumes the number of books that blind and other print-disabled
readers will have available to them to purchase, check out from certain
participating libraries or read at public libraries.

After final approval, the settlement will authorize Google to do the
following:

*     Continue to scan in-copyright books

*     Develop an electronic books database

*     Provide responses to searches in the database (already accessible)

*     For books in the database that are no longer commercially available
for sale and for commercially available books whose authors choose to
participate, 

      *     Sell individual books to consumers in digital form; and 

      *     Sell institutional subscriptions to the books database to
schools, corporations and other institutions

*     With respect to libraries, the settlement will authorize Google to
provide public and higher education libraries with free access to the books
database and special terminals will be provided free to every public library
in the country.

How will the Agreement Affect the Blind and Others with Print Disabilities?

.        The Agreement expressly authorizes Google to provide the material
it offers users "in a manner that accommodates users with Print Disabilities
so that such users have a substantially similar user experience as users
without Print Disabilities."  A user with a Print Disability under the
agreement is one who is "unable to read or use standard printed material due
to blindness, visual disability, physical limitations, organic function, or
dyslexia."  The material covered includes material provided by Google
through institutional subscriptions, public access services, and consumer
purchases, as well as the material Google displays as snippets, book
previews, and the pages in front of and behind the books (such as the table
of contents and index).

.        Google expresses its intention within the agreement to make digital
copies of the books accessible to users with Print Disabilities so that such
users have a substantially similar user experience as users without Print
Disabilities.  To the extent Google is unable to do so, Google will
reasonably cooperate to enable such access to books through an Alternative
Accommodated Service Provider.

.        The Agreement also places upon Google the obligation to offer the
books in an accessible format at no greater cost to users with Print
Disabilities.   Specifically, Google must use commercially reasonable
efforts to enable an "accommodated service" to users of Google's
institutional subscriptions, public access services, consumer purchases and
other revenue models.  An "accommodated service" means a service that offers
the text of books and inserts in the form of electronic text used in
conjunction with screen enlargement, voice output, and refreshable Braille
displays (or at Google's option and with the Registry's approval, other
technologies to reasonably accommodate Print Disabilities) at no greater
charge than the charge to view Books in a similar manner to users without a
Print Disability.

.        For Institutional Subscription users with Print Disabilities,
Google must offer an Accommodated Service for all books in the Institutional
Subscription Database for which Google's automated OCR system is successful.

.        Further, Google must not unreasonably withhold its consent to a
request from a Fully Participating library to work with particular
third-party contractors to provide access to the full text of the Books and
Inserts as described under "Accommodated Service" and to improve the quality
of such Books (e.g. OCR quality and structure extraction) for the purpose of
providing such access.

.        If within 5 years from the Effective Date of the Agreement Google
has not complied, or ceases to comply, with its obligation to offer an
accommodated service, upon notice by the Fully Participating Libraries,
Google must use commercially reasonable efforts to identify and work with an
alternative provider to readily provide copies of Books and Inserts
requested by the alternative provider solely for the purpose of making those
books accessible to users with Print Disabilities.

How will Users with Print Disabilities' who use the Services of Google's
Partner Libraries be Affected?

*     Libraries that have Digitization Agreements with Google are authorized
to permit users with Print Disabilities to borrow digital copies of the
library's collection.  The digital copy must be accessible when used in
conjunction with screen enlargement, voice output, or refreshable Braille
displays.  Certified users must agree to refrain from using, reproducing or
distributing the book in an unlawful manner and the library must maintain
data about its provision of "special access" to certified users.

 From: Riccobono, Mark 

Sent: Friday, February 12, 2010 4:58 PM

To: Carl Jacobson (office at nfbny.org); nfbnj at yahoo.com; Jim A
(president at nfbp.org); president at nfbmd.org

Subject: Court Hearing on Google Books Settlement

Importance: High

Dear State Presidents,

As you know, we are organizing a group of people to be present in support of
the Google books settlement hearing on Thursday, February 17, in New York
City.  This is a brief message to you as the leaders in nearby affiliates
and is not meant to be an official message to the troops.

I am pulling together all of the details on this matter at this moment and
will be sending you greater details, including a message you can send out to
your troops, this evening.

In short, we will want to begin gathering people at the federal courthouse
in New York at 8:00 a.m. on Thursday, February 17.  The hearing does not
begin until 10 a.m. but it will be important to have our friends there and
in the courthouse earlier.  We are going to need to be clear with the troops
that we are there to show support and will have to be on our top behavior as
we will be inside the federal courthouse.  As you can imagine, the
courthouse has extensive security rules--including no cell phones--so people
will need to come with as little as possible.  

I only began working on coordinating this group an hour ago so I need a
little time to get you all of the details but they are coming very soon.

In case any of you wish to reach me, at any time, my cell phone number is
410-935-4019.

Yours in the movement,

Mark   

Mark A. Riccobono, MSEd

Executive Director, Jernigan Institute

NATIONAL FEDERATION OF THE BLIND

200 East Wells Street at Jernigan Place

Baltimore, Maryland   21230

Phone: (410) 659-9314 ext. 2357

Fax: (410) 659-5129

Email: mriccobono at nfb.org

Web: www.nfb.org <http://www.nfb.org/>|