Library”. On the other hand, the actual library worries that the scanned files and pricing right will be under the control of Google. The academia worries that Google will be the last digital library, and then in the future, for example after 100 years, will the scanned files manager be Google or other else? There will be high risk if all the digital books are controlled by a private owned corporation. The legalist worries about privacy, “Google Book Search” can record what pages the readers have visited and their favorite through the option “Add to my library”, so you may not be able to protect your privacy in the last digital library. But the readers will be happy to see that their search will be brought into the marrow in the history of human knowledge when they do their online search.
3. Google Book Settlement Google has emphasized that the original privacy policy will extend to its settlement with the publishers, therefore, the copyright registration agency will have no access to their netizens’ personal information and Google will also not sell their netizens’ reading record. Everyone in the world can use the Google Books (including Google Library) without setting cookie. Google will record the personal information only if the users use the service of Google Books after logging in their Google account. “The Google Book Settlement” will involve the topic of market competition. Amazon declares that this settlement will not only go against the Competition Law, but also violate the Anti-trust Act, with which Google will monopolize all the digitalized books. The copyrighted authors will have to join this settlement and they have no other choice. The copyright registration will make the book price higher and product lower, which is bad news for the consumers, these authors and publishers who do not participate in this settlement. Google will set a neutral copyright registration agency to pay infringement compensation to the copyright owners. The users of “Google Book” service can search, preview and buy the books that are copyrighted but out of print online.
4. Google Books and Library Legal Analysis Google now is consulting with many country’s authors and publishers on the matter related to authorization. Notably, although Google’s Book Settlement is drafted between Google and American copyright owners, yet it is equally applied to Chinese copyright owners. Because according to the “Berne Convention for the Protection of Literary and Artistic Works” with both U. S. and China as signatories, Chinese citizens’ works are protected by U. S. Copyright Act as well. If you are an author or publisher, when you visit the “Google Book Settlement”, you can create an account, read all the notice and sign the settlement. After you sign the settlement, you will be restricted by the Civil Law and the principle of contract freedom. Unless the settlement is obvious unfair, you shall not violate it. You can refuse to sign the settlement, so that you will not be included in the settlement, and you will also not receive the benefits conferred by the settlement and you will retain the right to sue Google and the participating libraries. If you opt out of the settlement, you will not be eligible for a cash payment or to participate in any of the revenue models under the settlement, nor will the settlement's restrictions or obligations on Google or the participating libraries apply to your books or inserts. If you checked the box on the opting out form requesting that Google not digitize books that you identified, the settlement administrator will pass along your request to Google. Although Google has no obligation under the settlement to comply with such request, Google has advised the settlement administrator that its current policy is to voluntarily honor such requests and refrain from digitizing your books or, if they have already been digitized, refrain from displaying them. By opting out, you will not participate in the settlement, and retain all rights against Google and the participating libraries. When you choose to opt out of the settlement and want to sue, you have to find another defendant- the participating libraries and determine the jurisdiction act—the defendant may not live in your country, because Internet has no national boundaries. Google negotiates with the library and gets the library’s permission to scan the participating libraries’ book collection. We can reason from the paragraphs above that “Google Library” will be free and full view to every online readers who visit “Google Library”. [4] According to Article 1, the amended “Interpretation by the Supreme People's Court of Several Issues Relating to Application of Law to Trial of Cases of Dispute over Copyright on Computer Network” coming into effect on July 1 2006, a case of dispute over copyright on computer network shall be under the jurisdiction of the people's court of “the place where an infringing act is committed or where the defendant has his or its domicile”. We assume Google scanned the Chinese authors or publishers’ works and uploaded the digitalize files to his digital library in China, and the participating libraries are also in China. According to China’s Copyright Law, using the copyrighted work without payment and permission causes infringement. Concretely speaking, Google infringes the author’s duplication right (See Article 9 ). Besides, Article 24 provides that using the other’s work shall get the