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_/]

Good. Because the high-handedness was breath-taking (and, as a Briton who was effected but not represented at all, I felt there was a fair amount of that on both sides).

[lagilman]

The Authors' Guild lost me for all time with their act -- I'm not member, I was not consulted, yet they had the arrogance to speak for me and commit me to a legal decision? Oh Hell No.

I haven't read the agreement in full, but it would not surprise me if the fact that the AG does NOT speak for a majority of those affected had something to do with it being rejected (again).

[scarlettina.livejournal.com]

This is a goodness. (And about damn time.)

[firynze.livejournal.com]

Agreed. The idea of "well, people can opt out" is frankly, utterly infuriating. And incredibly presumptuous, besides.

[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]

Yes - Judge Chin noted that much of this could have been avoided had they sad "if you want to play, step forward" and many people would have, happily. Forcing us to opt-out - and nitpicking the process down to every edition? Galvanized people who normally wouldn't agree with each other that ink is wet.

[firynze.livejournal.com]

And that, Dear Google, is where you need to learn. Do NOT piss off the cats. They may not be easily herded, but when they all decide to head in the same direction, those claws can hurt.

[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.

[lagilman]

from the decision, referring to one of the main objections (the so-called 'orphan' works)

"While it is true that in virtually every class action many class members are never heard from, the difference is that in other class actions class members are merely releasing "claims" for damages for purported past aggrievements. In contrast, here class members would be giving up certain property rights in their creative works, and they would be deemed -- by their silence -- to have granted to Google a license to future use of their copyrighted works.:"

Judge Chin did Not Approve.

[firynze.livejournal.com]

Judge Chin = win.

[lagilman]

see my EtA in the original post...

[firynze.livejournal.com]

I want to go give him a hug and a bunch of cookies. From a recipe I hold the copyright to. ^_^