The Googlization of Everything

Balkinization:

Beyond Competition: Preparing for a Google Book Search Monopoly

Frank Pasquale

Like Robert Darnton, I look to the upcoming Google Book Search Settlement hearing with a mixture of wonder and trepidation. The prospect of constructing a digital library of Alexandria warms the heart of any scholar. But only the most naive optimist could ignore the perils of having one company, driven first and foremost by a profit motive, effectively in charge of the most comprehensive collection of the world's scientific and cultural heritage.

In 2007, I hoped that public interest groups could leverage copyright challenges to Google's book search program to promote the public interest. Courts could condition a pro-Google fair use finding on universal access to the contents of the resulting database. Landmark cases like Sony v. Universal have set a precedent for taking such broad public interests into account in the course of copyright litigation.

Those who opt out of the settlement may be able to fight for such concessions, but for now the main event is possible challenges to the settlement itself. ...