Entries Matching: Google Book Search
Earlier today, U.S. Dist. Judge Denny Chin in New York City rejected a proposed settlement of a lawsuit brought by the Authors Guild to resolve copyright infringement claims against Google. The decision is here.
Public Knowledge had filed a brief opposing the proposed settlement. It is here.
The following statement is attributed to Gigi B. Sohn, president and co-founder of Public Knowledge:
Sherwin posted last week about the amended Google Books settlement and our amicus brief expressing our opposition to the settlement as written and our concern that it would lead to a monopoly on providing access to orphan works. The DOJ's Antitrust Divison has once again weighed in on the settlment (their previous brief is here, with our analysis here). Their conclusions appear to be largely the same as ours: "Although the United States
believes the parties have approached this effort in good faith and the [Amended Settlement Agreement (ASA)] is more circumscribed in its sweep than the original Proposed Settlement, the ASA suffers from the same core problem as the original agreement: it is an attempt to use the class action mechanism to implement
forward-looking business arrangements that go far beyond the dispute before the Court in this
Today is the last day for commenters and objectors to weigh in on the amended Google Book settlement before the district court in New York that’s overseeing the case. Yesterday, Public Knowledge filed its amicus brief in opposition to the new settlement.
Our concerns are the same as they were when the settlement deal was first announced—that, if approved, it would result in Google becoming the only company that can sell access to orphan books without risking a massive lawsuit.
Late on Friday, a federal court in New York received a new version of the Google Book Search settlement. As with the old version, the new one was drafted jointly by Google and its erstwhile litigation opponents: the publishers and authors who sued Google for scanning their books without permission.
Substantively, the new settlement bears a great resemblance to the old one.
On Friday, the Department of Justice Antitrust Division submitted a "Statement of Interest of the United States of America" to the court about the proposed Google Book Search settlement. Its conclusion: "the Proposed Settlement does not meet the legal standards this Court must apply." It seems the DOJ shares both our hopes for and appreciation of the Google Book Search service and many of the concerns about the settlement that we expressed in our amicus brief filed two weeks ago.