Copyright Litigation Update: Google to Subpoena Rivals

Posted on October 10, 2006

Google, Inc. is going to subpoena rivals Yahoo, Microsoft and Amazon.com. The subpoenas will be issued to get information that Google believes will help defend itself in the litigation in which publisher and authors are suing Google for copyright violations in connection with its book-scanning project.

Google, the world's most-used search engine, is seeking information on rival projects by the companies, including book lists, costs, estimated sales, dealings with publishers and possible benefit or harm to copyright owners, according to papers filed in U.S. District Court in New York. Publishers and authors have sued Google, claiming the Mountain View, Calif.-based company doesn't have the right to make copies of books without permission. Google says it is complying with copyright law because the search engine shows only "snippets" of protected books to the public. Google said it would keep subpoenaed information confidential.
"We have also made clear to these organizations that we will work with them to address any concerns about their confidential information," Google spokeswoman Megan Lamb said. A judge has issued an order to restricting who can see confidential documents, she said.
Spokesmen for Microsoft, Amazon and Yahoo didn't have immediate comments. Microsoft and Yahoo announced plans to scan library books a year ago. They are part of a group called the Open Content Alliance, which includes Britain's National Archives and the University of California. Amazon.com, the world's largest online retailer, offers a feature called Search Inside that lets users search for specific terms and view a limited number of pages. Publishers need to enroll and submit books to be included in the project.
Google, which doesn't disclose how many books it has scanned, also wants to know the titles, authors and copyright status of books already offered through competitors' book projects, the documents said. The company also is seeking information from Random House Inc., HarperCollins Publishers Inc., Holtzbrinck Publishers and the Assn. of American Publishers. The subpoena notices were filed with the court Wednesday and Sept. 29. On Sept. 26, U.S. District Judge John Sprizzo issued an order that any information gathered in the case would be used only for litigation purposes.

Sure it will. The chances of Yahoo, Microsoft and Amazon.com voluntarily turning over information about their rival book scanning services is about zero. Look for a big fight over these subpoenas.