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Listmembers may be interested in a new article on the Google Booksettlement by Professor James Grimmelmann of New York Law School,who was a panel member at the March 13 Columbia Law School GoogleBook conference.  See James Grimmelmann, "How to Fix the GoogleSearch Settlement," Journal of Internet Law, Apr. 2009, at 1,http://works.bepress.com/cgi/viewcontent.cgi?article=1022&#38;context=james_grimmelmannThe article suggests some of the ideas that the libraryassociations might advocate in their brief to the court, and inpossible submissions to the Justice Department and the FTC.Here is a summary of Prof. Grimmelmann's article:Professor Grimmelmann recommends in his new article that theproposed Google Book settlement agreement be modified beforecourt approval, and that the U.S. Department of Justice andFederal Trade Commission regulate the resulting transaction.Grimmelmann recommends approval of the settlement agreement, butonly after several modifications.  These include:*striking the "most favored nation" clause (section 3.8(a) of thesettlement agreement, available athttp://books.google.com/booksrightsholders ) that protectsGoogle's competitive position respecting orphan works;*requiring the Book Rights Registry to offer future copyrightholders the same terms as provided under the settlement;*mandating library and reader representation on the registry'sboard;*expressly authorizing the registry to negotiate with Google'scompetitors in the digitization market;*prohibiting Google from engaging in retail price discriminationrespecting digital books;*incorporating express protections of reader privacy; and*requiring free public access to the registry's database ofinformation respecting ownership of rights in the digitizedbooks, and to Google's database recording which digitized booksare available in print.Grimmelmann also calls for imposition of an antitrust consentdecree on the registry and a grant of authority to the JusticeDepartment to monitor all registry contracts for potentialanticompetitive effect.  Further, he recommends that the FTCregulate Google to prevent price discrimination, privacybreaches, and the imposition of onerous usage restrictions.  Hattip to Chris Welch:http://twitter.com/guppywon/statuses/1323802213 From liblicense-l