Google Book Project Tries to Placate the Critics: Will It Be Enough?
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The settlement proposed by the parties to this case should not be approved. It is unfair to authors, publishers, and others whose works would be the subject of a compulsory license for the life of the copyright …. It is anticompetitive … because it provides Google an effective monopoly in the scanning and exploitation of millions of [orphan] works... It also creates a cartel of authors and publishers—the Books Rights Registry—operating with virtually no restrictions on its actions …. Finally, the proposed settlement improperly seeks to stretch the boundary of this Court’s power beyond its lawful limits, using the class action mechanism … to create a massive and complex business arrangement of perpetual duration….
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Thomas C. Carey
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