The Amended Google Books Settlement is Still Exclusive
University of Maryland Francis King Carey School of Law
January 26, 2010
CPI Antitrust Journal, January 2010
NYLS Legal Studies Research Paper No. 09/10 #25
This brief essay argues that the proposed settlement in the Google Books case, although formally non-exclusive, would have the practical effect of giving Google an exclusive license to a large number of books. The settlement itself does not create mechanisms for Google's competitors to obtain licenses to orphan books and competitors are unlikely to be able to obtain similar settlements of their own. Recent amendments to the settlement do not change this conclusion.
Number of Pages in PDF File: 7
Keywords: Google, Google Books, orphan works, copyright, class action
JEL Classification: K00, K21, K41
Date posted: March 2, 2010
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