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Google Book Settlement

Judge Chin dismisses suit over Google Books mass scanning as fair use, setting stage for appeal
November 14, 2013 | 8:26 pm

Juli already mentioned the big news of the day: Google has prevailed in the Authors Guild’s copyright case against it for scanning millions of books for its Google Books project. Judge Chin determined that Google Books constituted a fair use, granted Google’s motion for a summary judgment, and dismissed the case. But let’s look at the background a little. This ruling comes a few months after an appeals court ruled back at the beginning of July that Judge Chin needed to hold up on deciding whether the Authors Guild could claim class action status and look at the fair...

Judge Dismisses Authors’ Case Against Google Books
November 14, 2013 | 4:09 pm

google booksWell, the lengthy legal battle over Google Books may be coming to a close. According to cNet, U.S. Circuit Judge Denny Chin in New York rejected authors' arguments against digitizing books without copyright holder permission, and he granted Google's motion for summary judgment. I'm sure Chris Meadows will chime in on this since he's more up on copyright law and this sort of thing than I am, but I did find this quote interesting: In my view, Google Books provides significant public benefits. It advances the progress of the arts and sciences, while maintaining respectful consideration for the rights of authors and other...

Google makes case for Google Books scanning as ‘transformative’ fair use
August 28, 2013 | 10:15 am

Is Google’s book scanning practice “transformative”? Google argues that it is, the Authors Guild argues that it isn’t, This could be an important part of determining whether Google scanning all those books in violation of copyright could be considered a “fair use.” It follows on the heels of the appeals court decision back in July requiring that the circuit court rule on whether Google Book Search constituted fair use before deciding if the suit warranted class action status. Google argues that its book search program was such an improvement over existing search functionality for books that its use was...

The Internet Archive’s Open Library is violating authors’ copyrights
July 10, 2013 | 8:53 pm

Open Library is a project of Brewster Kahle’s Internet Archive. We’ve written about Kahle, the Archive, and Open Library a few times, including some times I’d forgotten about. Kahle’s Internet Archive was first founded as a way to keep a historical record of the ever-changing Internet for the benefit of future sociological and cultural researchers; it later expanded into archiving other media as well. More recently, Kahle started collecting print books, and scanning them as well as archiving them; it was his intention to collect and save one of every print book ever published. These scanned books would also...

Google Books appeals court ruling denies Authors Guild class action status, demands ruling on fair use
July 1, 2013 | 8:52 pm

Hey, remember the big e-book trial? No, not that one, the other one. The latest news to come out of the courts about the big Authors Guild vs Google case is that the Second Court of Appeals has sided with Google in putting a hold on Judge Chin’s decision that the Authors Guild could have class-action status to represent all authors who had been wronged by Google. Perhaps the more interesting part of the decision, however, was why they did it. The Second Court said that they felt the question of class action status was premature at...

The Apple trial, agency pricing, and The Battle of $9.99
June 21, 2013 | 10:28 pm

large_battle5So, arguments wrapped up today in the Department of Justice’s anti-trust case against Apple. Juli Monroe has already done an excellent job of pulling out some slides from the Powerpoint shows and noting what the wavy lines on the charts mean. Over on Fortune, Philip Elmer-Dewitt covers the arguments in a more general sense, with a summary that is well worth reading. There’s really not much point in reiterating the arguments in great detail here; Elmer-Dewitt does a good enough job, and really nothing new came out today that hasn’t been said over the last couple of weeks. (Also,...

Google appeals class action certification in Google Books case
November 12, 2012 | 10:49 pm

The Google Books lawsuit proceeds apace. paidContent and CNet report that, in Google’s latest filing, the search giant is appealing the court’s decision to certify class action status for the Authors Guild. Google argues that the majority of writers actually approve of its scanning (58% according to a Google-commissioned survey), and that its scanning to provide search capability is a transformative fair use. Google suggests that even if the court rules it is not fair use in general, it will still have to decide on a case by case basis whether each individual book is or not. Is Google...

Google Books Deal Bolsters Dream of Universal Bookstore
October 11, 2012 | 9:50 pm

Google Books Library Project  Google's settlement with publishers is an important step toward making millions of rare and out-of-print books available online. Google’s deal to settle a seven-year conflict with five major publishers over the search giant’s book-scanning initiative is a milestone in the publishing industry’s grinding transition from print books to e-books. The pact, struck by Google and the Association of American Publishers (AAP), does not address the underlying question of whether Google violated copyright law by scanning millions of books over the last several years. Both sides, apparently weary of legal wrangling, have agreed to disagree on that point. The deal also doesn’t affect an...

After seven years, Google book scanning litigation ends
October 10, 2012 | 1:00 pm

We were remiss in not mentioning that Google and the Association of American Publishers managed to reach a settlement last week in the controversial and long-running Google book scanning case. According to a statement released by the APP on October 4, the bottom line is this: The settlement acknowledges the rights and interests of copyright-holders. U.S. publishers can choose to make available or choose to remove their books and journals digitized by Google for its Library Project. Those deciding not to remove their works will have the option to receive a digital copy for their use. “We are pleased that this settlement addresses the...

Google files motion for summary judgment, insists Google Books is fair use, has not harmed any book sales
July 27, 2012 | 11:05 pm

PaidContent has a copy of Google’s motion for summary judgment, and a summary of what it says. Google makes the case that its scanning of all those copyrighted books qualifies as fair use, and cites numerous examples of beneficial outcomes that have come out of the availability of that information to be searched. It also insists that inclusion in the search has been beneficial, not harmful, to sales of the books it has scanned, and even well-known literary agencies like William Morris recognize that. The Authors Guild was expected to file its own motion later today, but I haven’t...

Digital Public Library of America faces uncertainty over functions, copyright
June 10, 2012 | 8:49 pm

On MIT’s Technology Review, Nicholas Carr takes an in-depth look at the creation of the Digital Public Library of America, an attempt at a non-commercial universal electronic library (which I also mentioned last month) that hopes to provide universal access to as much of human knowledge as it can. Carr first looks at Google’s attempt to create Google Book Search, and the negotiated settlement that was thrown out as too overreaching. Though Google is moving ahead with its legal defense, the search market has shifted toward social networking meaning that a book search might not be as attractive to Google...

In Google Books suit, plaintiffs and Authors Guild can represent class, Judge Chin rules
May 31, 2012 | 11:57 pm

Judge Denny Chin has dealt Google a setback today in the Google Books scanning lawsuit, ruling (PDF) against Google’s arguments that the Author’s Guild should not be allowed to stand in for its individual members and that the three individual plaintiffs should be denied class-action status. Google had argued that individual plaintiff participation would be necessary to decide on issues of fair use, but the judge didn’t agree. Google had also argued that the three plaintiffs weren’t sufficiently representative of all classes of book publishing as a whole, but Chin felt books could be considered by category—they didn’t...