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Testing Google's restrictions on Google-scanned public-domain books Philipp Lenssen, Freeing Google Books, Google Blogoscoped, January 10, 2007.
Thanks to Charles Bailey at DigitalKoans for alerting me to this post. Charles adds these comments:
Comment. There's no doubt that Google puts some restrictions on its scanned public-domain books, and I've complained about these in the past. OCA puts fewer restrictions on its scanned public-domain books, and I've always preferred its access policy to Google's. Charles is right that Google isn't very clear on whether its requested restrictions are binding or even supposed to be binding. I suspect that in US copyright law there's an arguable but still-murky distinction between the status of a public-domain text and the status of a newly-made digital file of a public-domain text, just as there is between a public-domain painting and a new photograph of that painting. If so, then there might be three reasons why Google used the language of "request" rather than stronger language to describe the restrictions it wanted to impose: (1) it didn't want to use stronger language; (2) the law clearly doesn't allow it to use stronger language; or (3) the law is unclear. We may find out soon. Update. Danny Sullivan has commented on Lenssen's project and added some new information from Google:
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