November 10, 2009

Google and Authors Win Extension for Book Settlement
By MOTOKO RICH
NY Times

http://www.nytimes.com/2009/11/10/technology/companies/10gbooks.html?ref=technology&pagewanted=print


A federal judge in Manhattan on Monday granted an extension until Friday 
for a revised settlement of Google’s effort to legalize its plan to 
create a vast library of digital books.

At a hearing in October, Google and its partners at the Authors Guild 
and the Association of American Publishers outlined an aggressive 
timeline for modifying the agreement to satisfy the objections of the 
Justice Department and other critics.

The parties told Judge Denny Chin of the Federal District Court of the 
Southern District of New York that they would submit a revised 
settlement for the court’s preliminary approval by Monday.

But on Monday, the parties submitted a letter to the court requesting an 
extension to Nov. 13. In the letter, the group indicated that it had met 
with the Justice Department before and after the October status hearing 
and had met as recently as Friday, Nov. 6.

On Monday, Judge Chin approved the request for an extension.

The original agreement arose from a lawsuit filed by the Authors Guild 
and the Association of American Publishers against Google, claiming 
copyright infringement after Google began scanning books from university 
libraries. After the settlement was announced in October 2008, it faced 
hundreds of objections from authors, academics, librarians, public 
interest groups and rivals. In September, the Justice Department 
recommended that the court reject the settlement in its current form.

The department submitted a 32-page filing to the court on Sept. 18, 
saying it was concerned that the agreement could violate antitrust law 
by giving Google “de facto exclusive rights for the digital distribution 
of orphan works.” Orphan works are books whose authors are unknown or 
cannot be found. The Justice Department also said it wanted the 
settlement to comply with procedures for class-action lawsuits.

Despite its objections, the department also said it hoped the agreement 
could be preserved because of its many benefits to readers and scholars.

-- 
================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204 
Voice: 713-743-3923  Fax: 713-743-3927
Mail: antunes at uh dot edu

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