Breaking News: Publishing

[lagilman]

The Court rejects Google Books settlement w/ Authors' Guild: http://cnet.co/hD3rYq

(and via @rosefox) Here's a copy of judge's opinion in Google digital library case http://1.usa.gov/fpA9k4


I am... pleased by this. As the decision says, digitization is a good thing... but Google overreached themselves and infringed on copyright holders' legal right to decide what is/isn't done with their work (and then told us we were 'overreacting." As with most people who use that phrase, they really meant "don't take offense while we run roughshod over you." Well, we took offense).

And now, due to that overreach, they are no longer the only kids on the digital block, but have to share the market with other players. They've lost their advantage, and they've spent $$$ in court fees that could have been avoided if they hadn't gotten greedy/lazy.

"In the end, I conclude that the ASA is not fair, adequate, and reasonable....The motion for final approval of the ASA is denied, without prejudice to renewal in the event the parties negotiate a revised settlement agreement. The motion for an award of attorneys' fees and costs is denied, without prejudice."

And so back to the table everyone goes..




EtA: my new sig file: "A copyright owner's right to exclude others from using his property is fundamental and beyond dispute." - Judge Chin, 2011

Comments

[http://users.livejournal.com/la_marquise_de_/]

Oh yes: their arrogance was breathtaking. The Society of Authors over here gave full coverage but had no influence whatsoever on what happened in the courts.

[lagilman]

from the decision: "discussed below, I conclude that there is a substantial question as to the existence of antagonistic interests between named plaintiffs and certain members of the class."

In other words, Chin didn't think that the AG was properly representative, either, especially in light of 6800 class members opting out.