Cooler Heads, Prevailing

There’s been a fair amount of reporting already about today’s examination of the Google Books Settlement by the House Judiciary Committee, much of it about the witnesses.

We want to make sure due attention is paid to one of the questioners, Congressman Hank Johnson (D-GA) who also serves as Chair of the Subcommittee on the Courts and Competition Policy.  With his purposeful, zen-like delivery, Rep. Johnson closed the hearing with a series of thoughtful questions and observations. Quoting from Stephen Shankland’s story on CNET today:

“I’m troubled by the exclusive access Google will have to orphaned works. Why should Google be the only entity permitted to sell orphaned works?”

“The settlement is coming very close to whittling away the powers of the U.S. Congress. The treatment of orphaned rights holders is a matter that should be determined by Congress.”

From our notes, Rep. Johnson criticized the settlement as being a classic case of legislating from the bench, believes that the settlement will have a tough time withstanding a separation of powers review, and expressed concerns with the settlement’s antitrust implications. Fundamentally, Rep. Johnson commented that the scope of the settlement is most troubling, with a private settlement erecting Google as a gatekeeper.  He also cited the lack of consumer protections outlined by some witnesses as an area of concern.

It was a fitting end to what shaped up to be an informative hearing with knowledgeable witnesses on a subject that everyone – Congress, consumers, authors – needs to learn more about.