e-journal
WHY THE GOOGLE BOOKS SETTLEMENT IS PROCOMPETITIVE
ABSTRACT
Although the Google Books Settlement has been criticized as anticompetitive,
I conclude that this critique is mistaken. For out-of-copyright books, the settlement
procompetitively expands output by clarifying which books are in the public
domain and making them digitally available for free. For claimed in-copyright
books, the settlement procompetitively expands output by clarifying who holds
their rights, making them digitally searchable, allowing individual digital display
and sales at competitive prices each rightsholder can set, and creating a new subscription
product that provides digital access to a near-universal library at free or
competitive rates. For unclaimed in-copyright books, the settlement procompetitively
expands output by helping to identify rightsholders and making their books
saleable at competitive rates when they cannot be found. The settlement does not
raise rival barriers to offering any of these books, but to the contrary lowers them.
The output expansion is particularly dramatic for commercially unavailable books,
which by defi nition would otherwise have no new output.
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