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Washington
– Google (NASD:  GOOG) has filed a rebuttal to the U.S. Department of Justice’s objections to
a settlement over Google’s plans to create a digital index of the world’s books,
setting the stage for a face-off between the two sides in court later this
month. The Justice Dept. raised objections to the first version of the
settlement agreement between Google and authors and publishers, and reiterated
similar objections to the revised settlement that Google submitted to the court
in November.

It believes that the agreement will give Google an unfair
advantage in the online books market, and to its search engine.

The Justice
Dept. also objects to the service’s policy of asking publishers to opt-out
should they wish not to be included, while it contends U.S. copyright
law calls for an opt-in.

In its filing this week, Google tried to rebut these
assertions, as well as those raised by competitors and others, such as the Open
Book Alliance.

"The purpose of copyright law is to promote the creation
and distribution of expressive works," Google says in the filing.
"The [settlement] advances this purpose as much as any case or agreement
in copyright history."

The company adds:  "Google is a new entrant and currently
has zero percent share in any book market. It does not have monopoly power and
there is no ‘dangerous probability’ that it will acquire such power."

"Despite
the spin from Google’s attorneys, the amended settlement will still offer the
search and online advertising giant exclusive access to books it has illegally
scanned to the detriment of consumers, authors and competition," the Open
Book Alliance said in a statement.

"We continue to wholeheartedly agree
with the Department of Justice’s recent characterization of the settlement as,
‘a bridge too far.’"

U.S. District Court Judge Denny Chin has scheduled a
hearing for Feb. 18 to discuss the revised settlement agreement.

 

Related Links:
http://snipurl.com/ucjic

(AP)

http://snipurl.com/ucjo2
(Open Book Alliance statement)

http://snipurl.com/ucjos
(DMW previous coverage)

http://www.googlebooksettlement.com

2 COMMENTS

  1. Of course it will give Google advantage in the online books market. They want to destroy the eBook Kindle and iPad business. That’s what Google does they start up a business with intentions like we just want to make a better search engine, or make the worlds information accessible and searchable for everyone. Everyone agrees saying oh Google you’re so “good and progressive”. Only until they realize Google wanted to scan those books to make more money off them and also in the process take away market share from your business. By that time it would be too late.

  2. Of course it will give Google advantage in the online books market. They want to destroy the eBook Kindle and iPad business. That’s what Google does they start up a business with intentions like we just want to make a better search engine, or make the worlds information accessible and searchable for everyone. Everyone agrees saying oh Google you’re so “good and progressive”. Only until they realize Google wanted to scan those books to make more money off them and also in the process take away market share from your business. By that time it would be too late.

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