CPI Antitrust Journal, January 2010
7 Pages Posted: 2 Mar 2010
Date Written: January 26, 2010
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.
Keywords: Google, Google Books, orphan works, copyright, class action
JEL Classification: K00, K21, K41
Suggested Citation: Suggested Citation
Grimmelmann, James, The Amended Google Books Settlement is Still Exclusive (January 26, 2010). CPI Antitrust Journal, January 2010; NYLS Legal Studies Research Paper No. 09/10 #25. Available at SSRN: https://ssrn.com/abstract=1560242