On May 20, 2009, Google and the University of Michigan (Michigan) entered into an amendment that expanded the 2004 agreement that allowed Google to scan books in the Michigan library for inclusion in Google’s search database. The new agreement (the Amendment) addresses the provisions of the proposed settlement agreement between Google and the plaintiffs in the Google Book Search litigation. If the settlement is approved by the presiding judge, the Amendment will govern the relationship between Google and Michigan. The Amendment is followed by an Attachment A, which sets forth provisions that will apply to all of Google’s partner libraries, not just Michigan. Many of the Amendment’s terms update the 2004 agreement to comport with the settlement. This paper will focus on the features of Attachment A and the Amendment that represent important additions to those earlier documents. Because of the complexity of these new provisions, this paper will simplify them for ease of understanding, and will not contain all their caveats and limitations.
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