As always, one of the best starting points to understand the new lawsuit against Google is Lawrence Lessig:
Google wants to do nothing more to 20,000,000 books than it does to the Internet: it wants to index them, and it offers anyone in the index the right to opt out. If it is illegal to do that with 20,000,000 books, then why is it legal to do it with the Internet? The “authors” ‘ claims, if true, mean Google itself is illegal. Common sense, or better, commons sense, revolts at the idea. And so too should you.
This suit reinforces Lessig’s arguments that the old Intellectual Property paradigm is utterly outmoded in this digital age. Makes sense to me.