The Amended Google Books Settlement is Still Exclusive

CPI Antitrust Journal, January 2010

NYLS Legal Studies Research Paper No. 09/10 #25

7 Pages Posted: 2 Mar 2010

Date Written: January 26, 2010

Abstract

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

Grimmelmann, James and 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

James Grimmelmann (Contact Author)

Cornell Tech ( email )

111 8th Avenue #302
New York, NY 10011
United States

Cornell Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

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