In its response November 20 to a subpoena it received in October from Google, seeking information Google claims is relevant to its defense against two lawsuits concerning the legality of its plans for developing an electronic library of literary works, attorneys for Yahoo argue that their client is not actually developing a competing project.
Instead, the legal brief claims Yahoo is merely financially backing a project in which plaintiffs in the case against Google are involved, and does not exercise any authority over that project. Though the brief does not state so explicitly, language scattered throughout also implies that Yahoo is not necessarily the online host of this project.
"Yahoo has not launched an independent book scanning project or a 'Yahoo Book Project' as defined by Google in the Subpoena," the response reads. "Instead, along with over 40 other entities, including public libraries, major colleges and universities and leading Fortune 500 companies, Yahoo has backed a non-profit alliance run by the Open Content Alliance (OCA) and Internet Archive to digitize books and make them searchable through any web search engine. Yahoo supports the approach adopted by the OCA which digitizes only text in the public domain or where copyright holders have expressly given permission for such works to be included, and Yahoo exercises no direction and control over the OCA's operation of its project."
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