Section 3.7(e)

(e) Google’s Exclusion of Books. Google may, at its discretion, exclude particular Books from one or more Display Uses for editorial or non-editorial reasons. However, Google’s right to exclude Books for editorial reasons (i.e., not for quality, user experience, legal or other non-editorial reasons) is an issue of great sensitivity to Plaintiffs and Google. Accordingly, because Plaintiffs, Google and the libraries all value the principle of freedom of expression, and agree that this principle is an important part of GBS and other Google Products and Services, Google agrees to notify the Registry of any such exclusion of a Book for editorial reasons and of any information Google has that is pertinent to the Registry’s use of such Book other than Confidential Information of Google and other than information that Google received from a third party under an obligation of confidentiality.


  1. Posted July 29, 2009 at 1:06 pm | Permalink

    What kind of editorial discretion does Google contemplate using to exclude books from the service? Per the language of the passage, this would exclude legal reasons to exclude materials (ie, child pornography, etc). I have additional thoughts here, but am curious as to what others think.

  2. David Brake
    Posted July 29, 2009 at 1:43 pm | Permalink

    If nothing else there should be a requirement on the registry to make public the exclusion of any book or part of a book.

  3. Posted July 30, 2009 at 10:34 pm | Permalink

    Note: Google’s Alexander Macgillivray provided some explanations here.

  4. Posted July 31, 2009 at 9:14 am | Permalink

    AMac has promised that Google will make public the list of books they remove, and stated that they don’t currently plan to remove any (but just want to preserve their right to). These aren’t in the settlement and enforceable, but they are on the public record.

  5. Posted July 31, 2009 at 6:32 pm | Permalink

    @James: Agreed.

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