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Jeffrey Toobin, the New Yorker’s legal writer,

Jeffrey Toobin, the New Yorker’s legal writer, has penned a piece about Google’s book scanning efforts and the legal challenges it faces. Interestingly, both Google and the publishers who are suing them say that the lawsuit is basically a business negotiation tactic. However, according to Larry Lessig, settling the lawsuit might not be the best thing for anyone outside the lawsuit: “Google wants to be able to get this done, and get permission to resume scanning copyrighted material at all the libraries. For the publishers, if Google gives them anything at all, it creates a practical precedent, if not a legal precedent, that no one has the right to scan this material without their consent. That’s a win for them. The problem is that even though a settlement would be good for Google and good for the publishers, it would be bad for everyone else.”