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Google Books offers access to countless out-of-print and current works. Google says its competitors' complaints about the service are just sour grapes. It writes in a recent legal brief, "Competitors such as Amazon raise anxieties about Google's potential market position, but ignore their own entrenched market dominance."
Google defends its actions in a new legal brief

Google Books today is one of the internet's most useful and unique resources.  The site contain scores of works in their entirety and many more which are partially uploaded.  Many of these works were previously lost to the world -- out-of-print works that publishers refused to republish.  Thus Google is arguably offering unprecedented access to the science and literary wealth of mankind.

However, not everyone is happy with that.  A coalition led by Microsoft and Amazon has attacked Google's legal pact with publishers on antitrust and copyright grounds.  They say that the deal, which allows for sales of in-print uploaded works to compensate publishers and allows Google to keep uploading the works without fear of copyright litigation, gives Google an illegally dominant position in the market.

Google is now defending its deal to the U.S. Justice Department, which on Feburary 4 released critical comments of the service.  Google ardently denies wrongdoing.  Writes Google in a new legal brief, "With only one significant exception, the parties sought to implement every suggestion the United States (Justice Department) made in its September submission."

The one suggestion it did not agree to was to seek every author's permission to keep their books on Google Books.  They argue that would take too long, and would become problematic for deceased authors.  They argue agreeing to the provision "would eviscerate the purposes of the ASA (amended settlement agreement)."

Google says that its agreement will not stop other parties from seeking their own agreements and will not harm libraries, one allegation that was leveled against it.  It's lawyers write, "The ASA will enable the parties to make available to people throughout the country millions of out-of-print books.  This is precisely the kind of beneficial innovation that the antitrust laws are intended to encourage, not to frustrate."

And in the new brief it also is quick to attack claims that it is creating a monopoly, pointing out that Amazon and Microsoft both represent monopoly risks as well.  It writes, "Competitors such as Amazon raise anxieties about Google's potential market position, but ignore their own entrenched market dominance."

Google also pointed out that any author can opt out of the project.

The Open Book Alliance, the group fronted by Microsoft and Amazon and largely composed of various writers and library groups, fired back a quick email response to the brief, stating, "Despite the spin from Google's attorneys, the amended settlement will still offer the search and online advertising giant exclusive access to books it has illegally scanned to the detriment of consumers, authors and competition."

Google faces a critical turning point on Febuary 18 when U.S. District Judge Denny Chin must decide whether to approve or deny the class action suit settlement that set up the deal with publishers. A rejection would be a major deal to Google's digitizing efforts and a major victory for Microsoft and Amazon.  Even if Google can get the settlement approved, it still could face additional legal challenges from Amazon and Microsoft.



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RE: Huh?
By porkpie on 2/15/2010 1:21:20 PM , Rating: 2
"What about the authors that want their works published again, but the publisher won't because there isn't enough profit in it for them?"

It doesn't work like that. A publisher who inks a deal with an author gets limited rights; usually a "first-publish" agreement for a limited period of time. After that, they can't prevent the author from allowing another publisher to reprint it, or even to reprint it themselves, should they be willing to pay for it.


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