Google to Subpoena Microsoft, Yahoo and Amazon Over Book-Copying Controversy

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Digital Journal — In an announcement released today, Google says it will subpoena some of its biggest competitors in an effort to help fight copyright lawsuits the company faces over its book-scanning project. Google says it will subpoena Yahoo, Microsoft and Amazon, and a long list of publishers.

Google is looking for info on rival projects from competitors, including book lists, costs, estimated sales, and deals with publishers according to papers filed in the U.S. District Court in New York.

Google has faced heat over the last year from McGraw Hill and the Authors Guild (along with other publishers and authors) who are adamantly opposed to Google’s project to digitize libraries of four major U.S. universities, parts of the New York Public Library and Oxford University’s libraries. They argue Google is only looking for new revenue streams while totally violating copyright holders.

The publishers in this case support their own book-scanning business known as the Open Content Alliance (conceived by Yahoo, the non-profit Internet Archive, and backed by Microsoft ). The difference: This group seeks permission from the copyright holders before copying.

Google currently faces a lawsuit from the publishers and authors who say the company has no right to copy literature without explicit permission. Google, on the other hand, says it is not violating any laws because only “snippets” of books are made available to the public, and publishers can opt-out if they want to. Google hasn’t said how many books it’s scanned so far.

Last year, Microsoft and Yahoo announced plans to scan books with the Open Content Alliance and Britain's National Archives and the University of California. Amazon.com also offers a feature called “Search Inside” that lets users search for specific words on a limited number of pages, but only from books submitted by publishers.

Google now wants these companies to reveal titles, authors and copyright status of books involved in each of their projects. It also wants Random House, HarperCollins Publishers, Holtzbrinck Publishers and the Association of American Publishers to provide info as to what projects are underway.

Google says the information will be used only for litigation purposes because it needs descriptions of all book projects from competitors and proof they own rights to reproduce content. The company says all confidential documents will be filed under a protective order that restricts who can see them.

Sound like a confusing mess? Agreed.

Publishers are furious that Google is looking to copy books without permission, but Google says any publisher can opt-out of the program. Lawyers are arguing that it puts a burden on publishers to have to opt-out, but Google says it’s fair practice.

He says, she says. He says, she says. Doesn’t look like this chapter will end anytime soon.