Monday, September 28, 2009

Update on Google Book Class Action, Proposed Settlement, and Postponed Fairness Hearing

Many have been following the federal class action lawsuit against Google: The Authors Guild, Inc. v. Google Inc., No. 05 CV 8136 (S.D.N.Y.). The suit was filed in 2005 by authors and publishers who alleged that Google's digital copies of copyrighted works constituted "massive copyright infringement."

The parties reached a settlement agreement last year, but that settlement has spawned even more controversy. It would create a "Book Rights Registry" that would (among other things) allow Google to sell digital versions of the books. The settlement (in the words of the New York Times) "has prompted dozens of opposing filings from individuals, rival companies like Amazon and Microsoft, advocacy organizations, groups representing authors and publishers and even some foreign governments."

The FRCP 23(e)(2) fairness hearing on the proposed settlement was originally scheduled for next Wednesday (10/7). Last week, U.S. District Judge Denny Chin ordered that the hearing be postponed in light of "ongoing negotiations with the Department of Justice that, according to plaintiffs, will result in significant changes to the existing settlement agreement." Instead, the court will hold a status conference "to determine how to proceed with the case as expeditiously as possible."

In addition to PACER, filings in the case can be accessed via Justia.

Google's website about the settlement is here. Wikipedia's entry is here.

(Hat Tip: Michael W. Carroll)


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This case is insignificant compared to another in Arkansas' Western District that is being entirely ignored though raising authors' rights as an unprotected human right.
(5:12-cv-05074) may be dismissed in error or ignored but this human right was recognized to exist and need protection in the Constitution in 1787. The term [sic]"copyright" had not yet been coined though coined shortly afterwards by Noel Webster while writing the Copy[rite] Act of 1790 and protecting absolutely NO human rights and yet coining the rights disparaging term [sic]"copyright" and protecting a rite.

Posted by: Curtis Neeley | Aug 2, 2012 3:43:58 PM

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