MacNN | Appeals court breaks up class action in Google book-scanning suit
Mac News Network View: Standard | Headlines | Categorized | Slim
Mac News Network
Mac News iPod News Reviews Forums
 

Desktop Headlines
Appeals court breaks up class action in Google book-scanning suit
Monday, July 1, 2013 @ 4:04pm

The Second US Circuit Court of Appeals in New York finally ruled today that the class formed by The Authors Guild against the Google book-scanning program was inappropriately certified by Judge Denny Chin, the judge overseeing the case. The overturning judgement ruled that the certification was made before deciding if the "fair use" defense allows Google to legally display snippets of books it has scanned.



"Putting aside the merits of Google's claim that plaintiffs are not representative of the certified class -- an argument which, in our view, may carry some force -- we believe that the resolution of Google's fair use defense in the first instance will necessarily inform and perhaps moot our analysis of many class certification issues," said the panel about its ruling. As a result of the ruling, members of The Authors Guild must now sue individually, rather than as a group. The Authors Guild has asked the court to force Google to pay $750 per book it scanned for distribution, claiming that Google's effort does not constitute "fair use" under copyright law. Google believes that the book scanning effort "constitutes fair use by allowing users to identify interesting books and find ways to borrow or buy those books, much like a card catalog for the digital age." Google has argued for dismissal of the suit on those same "fair use" grounds. A $125 million settlement was reached in March 2011 between Google and The Authors Guild, but was rejected on legal grounds by Judge Chin, despite his saying publicly that he sees tangible benefits to libraries from both the scanning effort and technology developed to scan the books. The judge said that the agreement overreached because it gave Google a "de facto monopoly" to copy books without permission from rights holders, and served to increase its market share in online searches.

Comments on this Article
Print Friendly Version
Email to a Friend
Add MacNN to Your RSS Feeds
Buy from the Apple Store


Related Stories:

Today's MacNN Stories:

  • Twitter introduces Digits, a new way to log into applications - 9:32 PM EST
  • Apple found not guilty of infringing on expired GPNE patents - 9:09 PM EST
  • AT&T reveals third quarter earnings, falls short of estimates - 8:11 PM EST
  • Teardown of iPad Air 2 by iFixit confirms 2GB RAM, smaller battery - 8:00 PM EST
  • Google debuts Inbox as tool for managing email with automated bundling - 7:35 PM EST
  • Rare Apple I computer sold at auction for $905,000 - 6:42 PM EST
  • FCC freezes clock on merger reviews of Comcast/TWC, AT&T/DirecTV - 5:33 PM EST
  • OS X Yosemite nudges Chrome, Firefox users into trying Safari - 5:08 PM EST
  • iPad Air 2, Mini 3 now available for Personal Pickup at Apple Stores - 4:14 PM EST
  • FBI director asks Congress to update law to circumvent encryption - 3:50 PM EST
  • Avast 2015 adds Home Network Security, SecureDNS - 3:20 PM EST
  • Apple Pay bugs cause problems with card images, overcharging - 2:39 PM EST
  • Hands On: RapidWeaver 6 (OS X) - 2:18 PM EST
  • Unity Technologies names ex-EA exec John Riccitiello as CEO - 2:04 PM EST
  • Ricoh unveils three laser printers with 23 page-per-minute output - 1:49 PM EST
  • Early reviews call Air 2, Mini 3 best iPads ever, but just iterative - 12:56 PM EST
  • Pangu team debuts early, developer-only iOS 8.1 jailbreak - 11:07 AM EST
  • Briefly: Sky+ mobile app update, UberXL launches in United Kingdom - 10:55 AM EST
  • Apple CEO meets with Chinese official to discuss iCloud hijacks - 9:51 AM EST
  • Google Play Music updates Listen Now page, adds Songza playlists - 6:49 AM EST
  • Apple SEC filing reveals executive RSU bonuses, lobbying costs - 12:13 AM EST

    Today's iPodNN Stories:
  • Giveaway: Rapoo 3920P wireless laser mouse - 4:42 PM EST
  • Barnes & Noble unveils Samsung Galaxy Tab 4 Nook 10.1 - 4:14 PM EST
  • Moto 360 software update ships, wireless charging dock on Google Play - 8:33 AM EST
  • AR start-up Magic Leap secures $542M investment from Google, others - 7:32 AM EST
  • Yahoo beats projections, previous year with $1.15B in revenue - 8:17 PM EST
  • No comments posted on this story yet. Please post yours.
    Your Comments
    In order to post comments, you must be a registered member of the MacNN Forums and logged in. Please login with your MacNN Forums username and password.

    MacNN Forums Login:

    MacNN Forums Password:

    Not a member of the MacNN forums? Register now for free.