By Amir Efrati
A Manhattan federal judge on Tuesday rejected the agreement of Google Inc. with authors and publishers that would allow him to put online millions of books, stating that would give the Internet giant's ability to "exploit" books without the permission of the owners of intellectual property.
In a 48-page decision, Denny Chin, Judge of a court of appeals, rejected the agreement of 2008 between Google, authors and publishers "without prejudice", which means they could submit a revised pact that better protect intellectual property holders. The judge also suggested a potential solution.
"While the digitization of books and the creation of a universal digital library would benefit many," the current pact Google "just going too far" because Google can put books online without permission from the owners intellectual property, wrote Judge Chin.
The deal "would give Google a significant advantage over competitors, rewarding them for copying without permission and large scale of works protected by intellectual property," he said.
The Justice Department said the United States last year that opposed it on those grounds. The solution, suggested by Judge Chin, is simple: instead of allowing intellectual property owners book "opt out" of the agreement, which came in 2008 Google, the Authors Guild and the Association of American Publishers, intellectual property owners should be able to "opt-join" him.
"I urge the parties to ponder the review (the agreement) in line with it," wrote Judge Chin. Hillary
Ware, Google's legal adviser, said in a statement that the decision was "clearly disappointing" and that the company would consider its options.
"Like many others, believe that this agreement has the potential to open up access to millions of books that are currently difficult to find in the U.S.," he said. Google
was agreed in 2008, agreeing to pay $ 125 million to establish a register of authors and publishers to register their works and collect when their titles are read online. The agreement settled a lawsuit in which established authors and publishers sought to prevent the company scanning books and allow your search online.
The plaintiffs argued that the project of Google Book search violated intellectual property rights.
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