Judge agrees to postpone Google Books hearing

The Authors Guild and the Association of American Publishers had requested a postponement to rework the settlement agreement

The Authors Guild, the Association of American Publishers (AAP) and Google will get more time to modify their proposed agreement to settle lawsuits the two organizations filed against the search company over its book search service.

Judge Denny Chin on Thursday granted a request made earlier this week by the Authors Guild and the AAP to postpone the "final fairness" hearing on their proposed settlement agreement with Google.

The Authors Guild and the AAP told the court on Tuesday that they are working with Google to modify the agreement, which would end the four-year-old copyright infringement case.

Hammered out in October last year, the proposed agreement has generated a lot of controversy from critics who say it gives Google too much power to set book prices.

Critics have also expressed concern over "orphan works," books that are under copyright but whose owners can't be found because the author has died or the publishing house disappeared.

However, the biggest objection came on Friday, when the U.S. Department of Justice told the court that it shouldn't approve the proposed agreement in its current form.

In a 32-page filing, the DOJ said the settlement needs to be reworked so that it complies with U.S. copyright and antitrust laws, as well as with the requirements of Federal Rule of Civil Procedure 23, which governs the approval of class-action lawsuit settlements.

Now, the Authors Guild, the AAP and Google are revising the agreement so that it can get the DOJ's stamp of approval, but they said they wouldn't have the revised proposal ready by Oct. 7, the original date of the "final fairness" hearing.

"Under all the circumstances, it makes no sense to conduct a hearing on the fairness and reasonableness of the current settlement agreement, as it does not appear that the current settlement will be the operative one," Judge Chin wrote.

However, in granting the postponement request, Judge Chin said that the parties still need to be in court on Oct. 7 for a status hearing, during which they'll work out a schedule for how to proceed.

In their filing Tuesday, the Authors Guild and the AAP had asked that a status hearing be held on Nov. 6, but evidently the judge wants to move more quickly.

In 2005, book authors and the Authors Guild filed a class-action lawsuit, while five large publishers filed a separate lawsuit as representatives of the AAP's membership.

Both lawsuits allege that Google has violated copyright laws by scanning books from the libraries of major universities without always getting permission from the copyright owners of the books.

Google's defense has been that it is protected by the "fair use" principle because its books search engine only shows short snippets of text for copyright books it has scanned without permission.

Join the newsletter!

Error: Please check your email address.
Rocket to Success - Your 10 Tips for Smarter ERP System Selection

Tags legallawsuitsGoogle Book SearchGoogle books

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Juan Carlos Perez

IDG News Service
Show Comments



Sansai 6-Outlet Power Board + 4-Port USB Charging Station

Learn more >



Back To Business Guide

Click for more ›

Brand Post

Most Popular Reviews

Latest Articles


PCW Evaluation Team

Louise Coady

Brother MFC-L9570CDW Multifunction Printer

The printer was convenient, produced clear and vibrant images and was very easy to use

Edwina Hargreaves

WD My Cloud Home

I would recommend this device for families and small businesses who want one safe place to store all their important digital content and a way to easily share it with friends, family, business partners, or customers.

Walid Mikhael

Brother QL-820NWB Professional Label Printer

It’s easy to set up, it’s compact and quiet when printing and to top if off, the print quality is excellent. This is hands down the best printer I’ve used for printing labels.

Ben Ramsden

Sharp PN-40TC1 Huddle Board

Brainstorming, innovation, problem solving, and negotiation have all become much more productive and valuable if people can easily collaborate in real time with minimal friction.

Sarah Ieroianni

Brother QL-820NWB Professional Label Printer

The print quality also does not disappoint, it’s clear, bold, doesn’t smudge and the text is perfectly sized.

Ratchada Dunn

Sharp PN-40TC1 Huddle Board

The Huddle Board’s built in program; Sharp Touch Viewing software allows us to easily manipulate and edit our documents (jpegs and PDFs) all at the same time on the dashboard.

Featured Content

Product Launch Showcase

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?