The Irish Copyright Licensing Agency, Judge Chin rejects Google Book Settlement – 22 March 2011:
Judge Chin handed down his decision on 22nd March 2011. The first paragraph sets out his opinion that the Amended Settlement Agreement is not “fair, adequate or reasonable” and that it goes too far.
ICLA Index : http://icla.ie/index.php?new
” The $125m Google Book Settlement has been rejected by a federal judge in New York. The settlement would have allowed Google to continue with its project to digitize books and create the world’s largest digital library with the blessing of authors and publishers.
The settlement stemmed from a lawsuit brought in 2005 by the Authors Guild and the Association of American Publishers which argued that Google’s plans to digitize books and provide snippets online violated copyright on a massive scale.
Judge Chin rejected the settlement, saying that it “would simply go too far,” even though “the digitization of books and the creation of a universal digital library would benefit many.” But he also urged the parties to consider revising the settlement. As it stood, Judge Chin wrote, the settlement would give Google a “de facto monopoly over unclaimed works”. He said that federal lawmakers rather than private entities ought to figure out what to do with those works. “The questions of who should be entrusted with guardianship over orphan books, under what terms and with what safeguards are matters more appropriately decided by Congress than through an agreement among private, self-interested parties.”
The Irish Copyright Licensing Agency , Parties to Google Book Settlement ask for Filing Extension:
Authors, Publishers and Google filed a stipulation asking the Court to extend the deadline for filing claims to receive an upfront payment in the Google Book Search Settlement. The current deadline under the settlement, which is being reviewed by the Court, is March 31st 2011. If the extension is granted, authors and publishers will have one year after the Court approves the settlement to make a claim for a cash payment.
Judge Chin’s decision http://thepublicindex.org/docs/amended_settlement/opinion.pdf
Association of American Publishers statement http://publishers.org/main/PressCenter/Archicves/2011_March/GoogleBooksSettlementStatement.htm
Analysis from the Laboratorium http://laboratorium.net/archive/2011/03/22/inside_judge_chins_opinion
Analysis from Columbia University Libraries – Copyright Advisory Office