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Originally Posted by nekokami
While it may be the case that this agreement doesn't stand up in the courts, I would be willing to bet that any subsequent agreements are going to end up quite similar to this one....
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You are likely correct, but without actual legislation there is no guarantee that anyone else will get the same terms.
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Originally Posted by nekokami
I'm not seeing where the anti-competitive aspect comes in, frankly.
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A few possibilities:
1) Google has a massive head start over potential competitors, both in terms of scans and, if the settlement is approved, legal hurdles.
2) There aren't many non-government competitors with the resources and inclination to take on a similar project.
3) Unless or until someone else strikes a similar settlement, only Google will have the right to basically publish and distribute an ebook of out-of-print materials without having to get the author's explicit permission. E.g. Barnes & Noble would be required to hunt down an author, get permission, and then make the ebook; Google can just sell their existing scan.