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That settlement proposal is dead and there may not be another one as Google has been scoring some useful court victories. Even if there is a settlement, the agreement will need to be significantly different so there's little point in discussing the old one.
The HathiTrust case is an extremely useful precedent for Google, provided it isn't overturned on appeal. That case involved the mass digitization of books, creating a searchable database of those books and providing "Look Inside" style previews for book. Many of the factors that go into a fair use determination in that case will also apply in the main Google Books action; whether or not Google is selling books is a factor but not determinative.
Just as a general comment, why do you think it is so much worse for authors if Google digitizes books and provides links to bookstores that sell that book (including Google's own bookstore)? Why should transforming paper books into searchable digital books be morally okay, but linking those books to a retail store be so repugnant?
Last edited by Ninjalawyer; 07-06-2013 at 10:56 AM.
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