Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

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Saturday, June 25, 2011

Revise or Start Anew? Pondering the Google Books Rejection

Posted by D. Daniel Sokol

Timothy Brennan (UMBC) asks Revise or Start Anew? Pondering the Google Books Rejection.

ABSTRACT: I earlier commented on economic issues in the proposed settlement. Here, I want to focus on economic aspects of the specific concerns Judge Chin raised, including "opt in" vs. "opt out," and the potential applicability of a fair use defense. I then look at the scope of his authority especially with regard to orphan books and the antitrust arguments he mentions and raised in the DOJ Statement. I conclude with observations on the antagonisms in the class and why the objectors to Google in the settlement need not be on the side of competition.

http://lawprofessors.typepad.com/antitrustprof_blog/2011/06/revise-or-start-anew-pondering-the-google-books-rejection.html

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