Google has been on a quest to limit copyright holders’ rights when it comes to the written word, even winning a landmark Supreme Court case declaring that its Google Books program, which digitizes hundreds of [tens of millions] books, was creating “transformative works,” and not infringing on authors’ copyright.
Google appears to have already placed friendly officials high places, while using its sway with academics to make its case with the FCC that your cable — and cable’s copyrights — should be free.
Starting in 2016, Google-related appointees began appearing across the Obama Administration. Carla Hayden, who recently took over at the Library of Congress, was President of the American Library Association, a huge recipient of Google funding (largely because of Google’s digital library programs). The Library of Congress, of course, is home to the US Copyright Office, and the Register of Copyrights — America’s highest ranking copryight official.
When the set-top box proposal came to Congress, they of course turned to the US Copyright Office for insight as to whether Google, among other set-top box companies, might be infringing on cable’s copyright.
Google appeared to immediately exert its power. Five copyright academics sent a letter to the US Copyright Office defending set-top boxes, and all five had at least some ties to Google.
Signer Peter Jazsi was a member of Google’s policy fellowship program, an advocate on IP issues, and a founder of the Digital Future Coalition, which includes several organizations funded by Google. Signer Pam Samuelson, a Berkeley School of Information professor, is on the board of several non-profits that receive significant grants from Google. Signer Annemarie Bridy was a scholar at Stanford University’s Center for Internet & Society, whose largest corporate benefactor is Google.
Many of those same groups pushed back when Register of Copyrights Maria Pallante said it was likely set-top devices could infringe on cable companies’ copyrights. One group, Public Knowledge, even claimed Pallante was in the pocket of cable and entertainment interests.
Weirdly, as soon as the new Library of Congress head (Hayden) was sworn in, Pallante lost her job as Register of Copyrights. She was first demoted and then resigned, opening up a space — conveniently — for a friendlier Registrar.