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October 20, 2005 6:26 AM PDT

All the books that fit--Google Print

by Margaret Kane
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The Association of American Publishers filed suit against Google this week, saying its Google Print Library program violated copyright.

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The Print Library program involves scanning all or parts of the book collections of several libraries, and letting consumers search the contents of those books. Google will sell ads on the search results.

The publishers' group said it filed the lawsuit after talks with Google broke down, noting that the search giant rejected a proposal to use ISBN numbering system to identify works under copyright and get permission from publishers and authors to scan these works. Google requires publishers to opt out of the program if they don't want their works included.

Google defended the program, saying its use of the works falls under the Fair Use doctrine, and noting that it "this policy is entirely in keeping with our main Web search engine."

Many bloggers sided with Google, citing the "information wants to be free" meme. But a few legal commentators pointed out there were some flaws in the company's arguments, noting that just because Google has public opinion on its side doesn't mean that it has the law on its side as well.

Blog community response:

"I have been both a publisher and an author, and I have to tell you, these guys sue for one reason and one reason alone, from what I can tell: Their legacy business model is imperiled, and they fear change."
--John Battelle's SearchBlog

"Observers have noted for years that Google's Web index and caching machine arguably violate U.S. copyright. By tying Google Web search with Google Print policies, Schmidt is essentially saying, 'If the courts rule against Google Print for Libraries, then our search engine is likewise an infringing business.'"
--The unofficial Google weblog

"Bottom line, as I see it, the authors are in the right here, but Google ought to be able to negotiate reasonable terms, and gladly--if the service they are planning to provide has enormous potential value, why not pass on some to the authors? Everyone would win."
--IPcentralinfo

Margaret is news editor for CNET News, based in the Boston bureau. She also oversees the CNET Blog Network. E-mail Margaret.
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