Abstract

http://ssrn.com/abstract=1507172
 
 

Citations (2)



 
 

Footnotes (11)



 


 



Assessing Competition Issues in the Amended Google Book Search Settlement


Randal C. Picker


University of Chicago - Law School

November 16, 2009

U of Chicago Law & Economics, Olin Working Paper No. 499

Abstract:     
Google takes products out of beta status slowly, even while it is making substantial improvements in the product. Objectors will see the amended settlement agreement as a mixed bag, with some finding almost nothing in the changes (privacy advocates and those who fear high prices for institutional subscriptions), while others will find their concerns addressed (foreign governments acting, one hopes, with the correct sense of the interests of foreign authors).

The amended settlement agreement clearly responds to the concerns raised by the Department of Justice. In waiving the benefits of possible doctrines of antitrust immunity, the ASA solves a timing problem for DOJ. DOJ faced an all-or-nothing quandary: challenge the agreement now or risk the possibility losing the right to challenge it later. The Noerr waiver solves that problem. There may be real benefits to seeing how the pricing provisions play out in actual operating conditions. Don’t shadow box now but fight later if necessary. I could easily see DOJ or Judge Chin reaching that conclusion and choosing to defer consideration of the pricing issues to another day.

The orphan works licensing is differently situated. The revised agreement creates a new unclaimed works fiduciary but does so in incomplete fashion. The UWF takes over some of the registry’s responsibilities rather than acting as a true fiduciary for orphan works holders. Such a fiduciary would be situated to license the orphan works to third parties on a going forward basis. That would have been an elegant solution to the competitive issues raised by the current plan to grant a license to the orphan works to Google and only to Google. The revised settlement makes real progress on these issues only to stop short of a visible and attainable real solution.

Number of Pages in PDF File: 17

Keywords: Google, Google Book Search, Google Settlement, Authors Guild, antitrust

working papers series





Download This Paper

Date posted: November 16, 2009  

Suggested Citation

Picker, Randal C., Assessing Competition Issues in the Amended Google Book Search Settlement (November 16, 2009). U of Chicago Law & Economics, Olin Working Paper No. 499. Available at SSRN: http://ssrn.com/abstract=1507172 or http://dx.doi.org/10.2139/ssrn.1507172

Contact Information

Randal C. Picker (Contact Author)
University of Chicago - Law School ( email )
1111 E. 60th St.
Chicago, IL 60637
United States
773-702-0864 (Phone)
HOME PAGE: http://www.law.uchicago.edu/Picker/
Feedback to SSRN


Paper statistics
Abstract Views: 3,905
Downloads: 492
Download Rank: 31,986
Citations:  2
Footnotes:  11

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.250 seconds