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Friday, 12 February 2010 - Google staunchly defends pact to digitize books |
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    Edition: U.S. Article Comments (0) Save Email Print Reprints Most Popular Most Shared Euro heavy as EU disappoints, Aussie near 10-year high | Video 12:04am EST Factbox: Fashion world in shock over Alexander McQueen death 11 Feb 2010 U.S. dismisses Iranian uranium enrichment claims 11 Feb 2010 Rep Patrick Kennedy won't seek re-election: report 11 Feb 2010 UK govt forced to publish U.S. torture allegations 10 Feb 2010 Yahoo executives address "misconception" about search 11 Feb 2010 Iran to shut down Google email service: report 10 Feb 2010 Stores looking to NY Fashion Week to lure shoppers 10 Feb 2010 Rep Patrick Kennedy won't seek re-election: report 11 Feb 2010 Aerial shots of falling World Trade Center released 11 Feb 2010 Google staunchly defends pact to digitize books Diane Bartz WASHINGTON Thu Feb 11, 2010 9:41pm EST Related News Justice Dept says Google books deal troubled Fri, Feb 5 2010 UPDATE 2-US Justice Dept says Google books deal troubled Thu, Feb 4 2010 AP renews licensing deal with Yahoo, not yet with Google Mon, Feb 1 2010 India objects to Google book settlement Fri, Jan 29 2010 Google releases new Google Voice for iPhone Tue, Jan 26 2010 An employee answers phone calls at the switchboard of the Google office in Zurich August 18, 2009. Credit: Reuters/Christian Hartmann WASHINGTON (Reuters) - Google Inc argued in a staunch and sometimes eloquent brief that an agreement reached with the Authors Guild to digitize millions of books was legal and a contribution to human knowledge. Technology  |  Media Google's ambitious plan has been praised for expanding access to books but the Justice Department criticized it on February 4 on a variety of grounds, saying it potentially violated antitrust and copyright laws. Google disagreed, saying on Thursday that the amended settlement agreement complies with the law. "With only one significant exception, the parties sought to implement every suggestion the United States (Justice Department) made in its September submission," Web search leader said. That exception was a decision to keep books in the project unless authors decided to opt out. Finding all the authors in question and requiring them to sign up for the program "would eviscerate the purposes of the ASA (amended settlement agreement)," it said. Google also argued that the deal did not harm libraries and did nothing to stop other groups seeking to digitize books. "The ASA will enable the parties to make available to people throughout the country millions of out-of-print books," Google said in its brief. "This is precisely the kind of beneficial innovation that the antitrust laws are intended to encourage, not to frustrate." Google also took a swing at corporate rivals, noting that Microsoft Corp had abandoned its own book project. "Competitors such as Amazon raise anxieties about Google's potential market position, but ignore their own entrenched market dominance," Google said in its brief. Another objection has been that it is inappropriate to use the class action mechanism "to implement forward-looking business arrangements." But, Google said, the Justice Department did not point to any cases disapproving a settlement on those grounds. Google further sought to downplay the economic significance of the books in the project, saying that most were either out of copyright or no longer in print. The authors of most of the books in neighborhood bookstores would withhold their books from the project. The Open Book Alliance, made up of Google's corporate rivals, some library and writers groups and other groups digitizing books, rejected Google's arguments. "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 group said in an email statement. U.S. District Judge Denny Chin, who must approve the class action suit for it to go into effect, has scheduled a hearing on the settlement for February 18. The agreement is designed to settle a 2005 class action lawsuit filed against Google by authors and publishers who had accused the search engine giant of copyright infringement for scanning collections of books from four universities and the New York Public Library. The Justice Department recommended in September that the agreement be rejected. Faced with this and other opposition, Google and a group of authors and publishers made a series of changes to the deal in November that has failed to stem criticism of it. The case is The Authors Guild et al v. Google, Inc, U.S. District Court, Southern District of New York, No. 05-08136. (Reporting by Diane Bartz; Editing by Richard Chang) Technology Media     Add a Comment More from Reuters IMF offers to help Greece; EU disappoints markets MUMBAI (Reuters) - The International Monetary Fund on Friday joined the European Union in pledging support for Greece in its struggle to bring its ballooning budget deficit under control and contain its debt crisis. | Video Toyota chief plans U.S. trip as Congress seeks answers | Video Asia shares up on EU Greece pledge, euro dips | Video Senators unveil long-awaited jobs bill Bill Clinton doing well after heart procedure Ex-Goldman programmer indicted over HFT code theft » More Top News Analysis: Policy fears dog China stocks Worries over China's next clampdown have jittery investors taking profits where they can and reluctant to hunt for bargains.   Full Article  Should Obama push harder on yuan? China CPI inflation slows, lending brisk China Jobs bill breakthrough Tax breaks for businesses and fresh construction projects feature in the Senate's $87 billion jobs bill.  Full Article | Video  Factbox: Tax breaks, pension relief Obama: No jobs, no recovery Obama tied in generic 2012 matchup Dems can't escape Palin questions POLITICS © Copyright 2010 Thomson Reuters Editorial Editions: Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom United States Reuters Contact Us Advertise With Us Help Journalism Handbook Archive Site Index Video Index   Analyst Research Mobile Newsletters RSS Podcasts Widgets Your View Labs Thomson Reuters Copyright Disclaimer Privacy Professional Products Professional Products Support Financial Products About Thomson Reuters Careers Online Products Acquisitions Monthly Buyouts.com Buyouts Europe: Buyouts Conferences: Venture Capital Journal EVCJ International Financing Review International Securitisation Report Project Finance International PEhub.com PE Week Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. Thomson Reuters journalists are subject to an Editorial Handbook which requires fair presentation and disclosure of relevant interests. NYSE and AMEX quotes delayed by at least 20 minutes. Nasdaq delayed by at least 15 minutes. For a complete list of exchanges and delays, please click here.

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