Apples and oranges: you're conflating copyright/fair use with terms of service.
Google's not claiming you don't have a right to reuse the text. They're placing restrictions on how you use their service to access that information. It's no more a copyright claim than your local library telling you that you have to come during their operating hours.
I never said it was a copyright claim, I said the same arguments can be used to justify packet preference.
Maybe Comcast only works from 9-5 anyway. It's their service. It'd be like a highway charging you different amounts depending on what time of day you traveled.
Train fares vary depending on the time of day. Some cities (London) set a "congestion charge" to vehicles driving in the city centre during the day. Utilities charge industrial (and some residential) customers different amounts based on the time of day.
I'm not quite sure what the parallel's are to Google Books though... (I think we've gone too far down the metaphor rabbit hole)
I just want to examine why it's okay for Google to say, "what we offer is yours, but since it's our servers we can dictate how we offer it to you", but when Comcast makes the exact same argument about our packets and delivering them to us, we call it a violation of net neutrality.
That two situations are superficially similar doesn't mean they don't have different real-world implications, and shouldn't be regulated in a different manner. Driving a go-kart is broadly similar to driving a semi-truck, but you only need a license for one.
Google's (and other Internet services providers) terms of service restricting your usage aren't anti-competitive in nature. The restrictions they're placing on your usage of the content don't prevent you from getting that same content from another provider (especially when we're talking about public domain or fair use text.)
Carriers are regulated much more heavily than other businesses, because the nature of their business creates a disproportionate number of opportunities for anti-competitive practices and other shenanigans. Also, many of them have a monopoly or duopoly position in their marketplace, and as such are scrutinized more closely for anti-competitive practices.
Example: As a monopoly cable provider I can be the dominant internet provider in your city. So to extract more money from users, I create a new subsidiary owned by the same (unregulated) parent company as the cable division that charges for online video. The parent company then tells the cable company to throttle the bandwidth for all competitors so that everyone is forced to move to that new company's video service, regardless of whether it's actually a better product. This is anti-competitive and harmful to the public - rather than offering a better service, I'm using my ownership of one business to unfairly hamper free competition in another market.
Google's not claiming you don't have a right to reuse the text. They're placing restrictions on how you use their service to access that information. It's no more a copyright claim than your local library telling you that you have to come during their operating hours.