I’m reposting the comment I left at the Globe and Mail website for this editorial.

9/8/2009 7:07:56 PM
The Google Book Settlement rewards Google for breaking copyright law. Google insists that ‘fair use” doctrine gives them the right to digitize in copyright works. I would point out that the United States Copyright Office-Section 108 Study Group;
([ http://www.section108.gov/ ] “a select committee of copyright experts charged with updating for the digital world the [USA] Copyright Act’s balance between the rights of creators and copyright owners and the needs of libraries and archives.” as the group is described on their web site) 2008 report states:
“Machines read and render digital content by copying it. As a result, copies are routinely made in connection with any use of a digital file. While these copies may be temporary or incidental to the use, they are considered “reproductions” under the copyright law for which authorization is required absent an applicable exception.” (Introduction, Page 6, Second “bulleted” item)
I think Google is taking a page out George W Bush’s play book that if you proclaim an illegal activity (i.e. waterboarding) legal long enough people will believe you are sincere in your beliefs, regardless of the legality.
The University of Wisconsin in partnership with Google, without my authorization, digitized my “Fevens, a family history in 2008. I do not believe the partnership that exists between the University and Google is an “applicable exception” because they are a de facto commercial enterprise.

Douglas Fevens
Halifax, Nova Scotia
The University of Wisconsin, Google & Me
http://www.facebook.com/douglas.fevens