What Is Google Books? Senniger Powers Explains

The Google Books Library Project is a plan to create a massive repository of freely available digital books. Google states that its "ultimate goal is to work with publishers and libraries to create a comprehensive, searchable, virtual card catalog of all books in all languages that helps users discover new books and publishers discover new readers." The project, however, has not been without extensive controversy because it requires agreement between Google and various author groups. Without such an agreement, there are copyright implications, because Google's project requires it to copy text from books and works of authorship which are still under copyright. The project has not only resulted in copyright infringement claims but has raised serious concerns about royalties, privacy, and monopolization of the digital books market.

A hearing on a settlement agreement scheduled for October 2009 was delayed and rescheduled for February 18, 2009. Judge Denny Chin (S.D.N.Y.) ruled that the initial settlement agreement raised "significant issues, as demonstrated not only by the number of objections, but also by the fact that the objectors include countries, states, nonprofit organizations and prominent authors and law professors. Clearly, fair concerns have been raised." More than 25 individuals and organizations will speak at the February 18 fairness hearing with the goal of resolving copyright infringement claims against Google brought by The Authors Guild and several publishers.

Microsoft, Amazon, and the state of Connecticut are among the opponents who will speak at the hearing. The Department of Justice (DOJ) will also speak. In a Statement of Interest filed on February 4, 2010, the DOJ says that although a number of substantial changes from the original proposed settlement have been incorporated in the Amended Settlement Agreement (ASA), problems remain: "Under the ASA as proposed, Google would remain the only competitor in the digital marketplace with the rights to distribute and otherwise exploit a vast array of works in multiple formats. Google also would have the exclusive ability to exploit unclaimed works (including so-called "orphan works") without risk of liability. The ASA's pricing mechanisms, though in some respects much improved, also continue to raise antitrust concerns."

Sony Electronics and other organizations will speak in favor of the settlement. In its amicus brief, Sony states that the pro-competitive benefits outweigh anticompetitive effects, the marketplace would see a dramatic increase in the volume and variety of e-books, e-book licensing costs would be lowered, and competition and innovation in e-book readers would result.

The case is The Authors Guild et al v. Google Inc. (Case No. 05-cv-08136, S.D.N.Y.).