Category Archives: Section 3.7(e)

S 03.07.5

6 responses to “S 03.07.5”

  1. What kind of editorial discretion does Google contemplate using to exclude books from the service? Per the language of the passage, this would exclude legal reasons to exclude materials (ie, child pornography, etc). I have additional thoughts here, but am curious as to what others think.

  2. David Brake says:

    If nothing else there should be a requirement on the registry to make public the exclusion of any book or part of a book.

  3. Note: Google’s Alexander Macgillivray provided some explanations here.

  4. AMac has promised that Google will make public the list of books they remove, and stated that they don’t currently plan to remove any (but just want to preserve their right to). These aren’t in the settlement and enforceable, but they are on the public record.

  5. […] issue that the Settlement Agreement fails to adequately address. I will pose these questions at the Public Index, and hope that they might be further addressed at upcoming conferences discussing the Settlement. I […]

(e) Google’s Exclusion of Books. Google may, at its discretion, exclude particular Books from one or more Display Uses for editorial or non-editorial reasons. However, Google’s right to exclude Books for editorial reasons (i.e., not for quality, user experience, legal or other non-editorial reasons) is an issue of great sensitivity to Plaintiffs and Google. Accordingly, because Plaintiffs, Google and the libraries all value the principle of freedom of expression, and agree that this principle is an important part of GBS and other Google Products and Services, Google agrees to notify the Registry of any such exclusion of a Book for editorial reasons and of any information Google has that is pertinent to the Registry’s use of such Book other than Confidential Information of Google and other than information that Google received from a third party under an obligation of confidentiality.

Also posted in Article 03, Section 3.7, Settlement | Comments closed


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(i) Digital Copy of Excluded Books. Google will provide to the Registry a Digital Copy of any Book that Google excludes for editorial reasons. The Registry may, subject to Section 3.5 (Right to Remove and or Exclude) engage, with the consent (not to be unreasonably withheld) of the Fully Participating Library or the Cooperating Library from which the Library Scan of such Book was made (including, if Google constructed a Digital Copy of a Book pursuant to Section 7.2(a)(i) (Fully Participating Library Collections) from one or more physical Books, all such libraries that were the source of such physical Books), a Third-Party Required Library Services Provider that, once engaged, may make available to users a Digital Copy of that Book for uses comparable to Display Uses and Non-Display Uses; provided that, if a Book is not then Commercially Available and the Third-Party Required Library Services Provider makes available the Book for a fee, then the Third-Party Required Library Services Provider must also offer the Required Library Services (Section 7.2(e) (Required Library Services Requirement)) for the Book to the extent required by such Fully Participating Library or Cooperating Library. Such Third-Party Required Library Services Provider is, in connection with any Claim arising out of its making available such Digital Copy of the Book, deemed to be a successor of Google for purposes of Section 10.1(g) (Google Releases).

Also posted in Article 03, Section 3.7, Section 3.7(e)(i), Settlement | Comments closed