EXHIBIT 1 - The Public Index

Case 1:05-cv-08136-DC Document 991-1 Filed 12/12/11 Page 20 of 110Op-Ed Contributor - A Librar to Last Forever - NYTimes.comPage 2 of4similar flood happened at Stanfordjust 20 yeai prior. You could read about it in TheStanford-Lockheed Meyer Library Flood Report, published in 1980, but this book itselfno longer available.Because books are such an important part of the world's collective knowledge andcultural heritage, larr Page, the co-founder of Google, first proposed that we digitize albooks a decade ago, when we were a fledgling startp. At the time, it was viewed as soambitious and challengig a project that we were unable to attct anyone to work on it.But five years later, in 2004, Google Books (then caed Google Prnt) was born, allowingusers to search hundreds of thousands of books. Today, they number over 10 milion andcounting.The next year we were sued by the Authors Guild and the Asociation of AmericanPublishers over the project. 'Wile we have had disagreements, we have a common goal -lo unock the widom held in the enormous number of out-of-prit books, while fairlycompensating the rights holders. As a reult, we were able to work together to devise asettement that accmplishes our shard vision. While this settement is a win.win forauthors, publishers and Google, the real winers are the readers who will now haveaccess to a greatly expanded world of books.There has been some debate about the settement, and many grups have offered theiropinions, both for and against. I would like to take this opportnity to dispel some mythsabout the agreement and to share why I am proud of this undertaking. This agreementaims to make milions of oul-of-print but in-copyrght books available either for a fee orfor fre with ad support, with the majority of the revenue flowing back to the rightsholders, be they authors or publishers.Some have claimed that this ageement is a form of compulsory license because, as inmost class action settements, it applies to all members of the clas who do not opt out bya certin date. The reality is that rights holders can at any time set pricing and accesrights for their works or withdraw them frm Google Books altogether. For those bookswhose rights holders have not yet come forward, reasonable default pricing and accepolicies are asumed. This allows acces to the many orphan works whose owners havenot yet been found and accmulates revenue for the rights holders, giving them anincentive to step forward.isL Holiday Drinks I Spirils ofThc1imes: From Sciland,Fogand SmOKe and Myseiy2. Ma=n Ikv.ù: Silence Is Golden3. HarMorgii, Colonel Potier on 'MoA,soH,' Dies at"4. Op-EdContnbulor: A Reluctt Enemy5- Well: A Ncw Worry for Soer Parent!: Heading thcDall6. Holiday Drink: With Rude Names, Wine StopsMinding lis Manners7. Edlorinl: Obamn in OswlIiomie8. Practcal Tr\'cer: Howlo Find Lift TickeL~ forLc~9. Britain Suffers a. a B~'Snnder 10 Europe'sCr10. Endangcn: Dragon: Enlrpnmeur's Rival in China:TIieStateGo io Compleie Us! ~What Claire Danes is givingALSO IN T MAAZNE ~Sally Singer's gift guideMort gift to give end gel fnm T's friends and familynytescom.ii MAGAZINEOthers have questioned the impact oflhe agreement on competition, or aserted that itwould limit consumer choice with respect to out-of-print books. In reality, nothing in thisagreement precludes any other company or organization frm puruing their own similareffort. The agreement liits consumer choice in out-of-print books ahout as much as itlimits consumer choice in unicorns. Today, ifyou want to accesa tyica out-of-printbook, you have only one choice - fiy to one of a handful of leading libraries in thecounlry and hope to find it in the st.icks.I wih there were a hundred servce with which I could easily look at such a book; itwould have saved me a lot of time, and it would have spared Google a tremendousamount of effort. But despite a number of important digitization effort to date (Googlehas even helped fud others, including some by the Library of Congres), none have beenat a comparable scle, simply because no one else has chosen to invest the requisiteresources. At leasl one such servce will have to exist ¡fthere are ever to be one hundred.htt://www.nytimes.com/2009/1 O/09/opinion/09brin .html ?pagewanted=all12/8/2011