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Looks like the Google Books Settlement won’t be hitting the shelves until later this year–at the earliest. Days after the U.S. Justice Department criticized the deal and the forward-looking business arrangements it seeks to create as cause for “significant legal concern,” Google, the Authors Guild, and the Association of American Publishers requested a delay in a judge’s final “fairness hearing” scheduled for Oct. 7 so that they can amend it.

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The Justice Department’s extended antitrust review of Oracle’s proposed acquisition of Sun apparently turned up few issues of concern. Oracle said this afternoon that regulators have approved the $7.4 billion deal with no restrictions.

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Apple appears to have a particular affinity for the unwritten no-poaching agreements said to be so popular among the nation’s biggest tech companies. Earlier this summer, the New York Times reported that Apple may have quietly negotiated an agreement with Google not to hire away each other’s top talent. Now, Bloomberg claims that the company attempted to win a similar commitment from Palm, but was rebuffed.

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Earlier this year, Christine Varney, the new antitrust chief at the Department of Justice, said she planned to return the DOJ to a policy that led to landmark antitrust suits like the one against Microsoft in the ’90s. And she delivered on that promise in short order. Since her confirmation in late April, the DOJ has seen a sort of Trustbuster renaissance. It has begun inquiring into potentially anticompetitive recruiting practices in Silicon Valley. It’s opened an investigation into the Google Books settlement. And now it’s scrutinizing cellphone exclusivity deals, like the lucrative one between Apple and AT&T.

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To hear tell from Sun executives, the company’s impending acquisition by Oracle will be of great benefit to Sun, its technology and its customers. “Is this Oracle thing a good thing for Java?” Sun chairman Scott McNealy asked last week at the company’s JavaOne conference. “And is it a…good thing for the community, and all the rest of it?…It’s absolutely a good thing.” Thing is, this wasn’t always Sun’s opinion. In fact, the company’s touting of the benefits of the Oracle acquisition is, dare I say, a tad ironic given its preacquisition opinion of Oracle’s prices.

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The Department of Justice’s inquiry into Google’s proposed book-search settlement continues on apace with various publishers today claiming to have received civil investigative demands from the agency’s antitrust division. These are simple requests for information and indicative of little more than the DOJ’s concern that the settlement might impair competition in the market for digital books. That said, that the DOJ even has such concerns is problematic for Google.

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A couple bombshells in Sun Microsystems’s latest 10-Q filing. Seems the company believes it may have violated the U.S. Foreign Corrupt Practices Act, which bans bribery of foreign government officials. Oh, and some of its shareholders are suing to block its acquisition by Oracle.

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Google’s gone and run afoul of the Department of Justice again. Its interest piqued by the growing outcry over the company’s proposed book-search settlement with authors and publishers, the agency has opened an inquiry.

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“Google abandoned [its deal with Yahoo] not because pressing ahead with it ‘risked’ a protracted legal battle, but because it guaranteed one.” I wrote that on Nov. 6, following the official dissolution of Google’s proposed advertising partnership with Yahoo. Turns out the guarantee to which I referred was an ironclad one. Sanford Litvack, the attorney who would have been lead counsel in the event of a government antitrust case against Google, tells American Lawyer Daily that the Department of Justice was literally hours away from suing the company when it bailed on the deal.

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No wonder the Department of Justice was going to file suit to prevent Google’s proposed advertising partnership with Yahoo: The company controls nearly three quarters of the search market. Research outfit Hitwise reports that Google’s share of the U.S. Internet search market rose to 71.7 percent in October from 71.16 percent in September.

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It was an eventful week–a new President-elect, Yahoo still playing the field with no takers, and the hovering recession beginning to hit a little harder, a little closer to home. It was hard to keep the storylines straight, so let’s approach it thematically.

Election 2008
Whether or not those voting machines malfunctioned or miscounted votes, Barack Obama became the 44th President of the United States, much to the chagrin of comedians like Tina Fey and Amy Poehler, who–since the beginning of the McCain/Palin partnership–were handed once-in-a-lifetime material. Between the brilliant Saturday Night Live parody sketches of (and by) both Palin and McCain, and Obama’s victory speech, the other big winner (by a mile) was YouTube.

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With a Department of Justice ruling on Google’s advertising partnership with Yahoo expected by late next week, a key legislator is urging further scrutiny of the deal. In a letter to the DOJ, Sen. Herb Kohl of Wisconsin, chairman of the Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights, encouraged it to monitor the Google-Yahoo deal, even if the agency signs off on it.

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