Search Engine Land
  • SEO
    • > All SEO
    • > What Is SEO?
    • > SEO Periodic Table
    • > Google: SEO
    • > Bing SEO
    • > Google Algorithm Updates
  • PPC
    • > All PPC
    • > What is PPC?
    • > Google Ads
    • > Microsoft Ads
    • > The Periodic Tables of PPC
  • Focuses
    • > Local
    • > Commerce
    • > Shopify SEO Guide
    • > Content
    • > Email Marketing Periodic Table
    • > Social Media Marketing
    • > Analytics
    • > Search Engine Land Awards
    • > All Focuses
  • SMX
  • Webinars
  • Intelligence Reports
  • White Papers
  • About
    • > About Search Engine Land
    • > Newsletter
    • > Third Door Media
    • > Advertise

Processing...Please wait.

Search Engine Land » Google » Google Stung By Procedural Ruling In Book Scanning Lawsuit

Google Stung By Procedural Ruling In Book Scanning Lawsuit

Google received a procedural setback today in the long running litigation over its book-scanning project. Presiding Judge Dennis Chin ruled that the Authors Guild and a parallel trade organization for photographers could represent their members collectively against Google in the class action. Google had wanted to remove these organizations and deal individually with authors and […]

Greg Sterling on May 31, 2012 at 8:32 pm

google-books-featuredGoogle received a procedural setback today in the long running litigation over its book-scanning project. Presiding Judge Dennis Chin ruled that the Authors Guild and a parallel trade organization for photographers could represent their members collectively against Google in the class action. Google had wanted to remove these organizations and deal individually with authors and their legal representatives.

The decision today (order embedded below), though procedural only, may have an impact on the outcome of the case. That’s because it effectively gives the authors and photographers more leverage than they would have had individually.

The Judge’s order says the litigation is more efficiently resolved in the aggregate as a single class action with the trade associations representing their members than requiring individual authors to proceed against Google:

Class action is the superior method for resolving this litigation. It is, without question, more efficient and effective than requiring thousands of authors to sue individually. Requiring this case to be litigated on an individual basis would risk disparate results in nearly identical suits and exponentially increase the cost of litigation.

The Authors Guild brought a class action lawsuit against Google in 2005 for “massive” copyright infringement over its book scanning project. The parties worked out a settlement  in 2008 and sought to finalize that settlement after many rounds of hearings. The settlement called for writers who objected to opt-out or be bound by its terms.

Judge Chin declined to approve the settlement because of the “opt-out” provision, which he deemed unfair. He invited the parties to bring a new settlement to the court, which I don’t believe was ever done.

A trial will now proceed over the question of whether Google’s scanning of millions of books (copyright infringement) can be excused by the defense of Fair Use. If Google loses at trial it would need to set up a system whereby it seeks permission to scan works from individual authors and photographers and/or their publishers. The question of any compensation or payments will apparently not be litigated in this next round.
05 cv 8136 and 10 cv 2977 May 31 2012 Opinion


Opinions expressed in this article are those of the guest author and not necessarily Search Engine Land. Staff authors are listed here.


New on Search Engine Land

    SEO pioneer and expert Bill Slawski passes away

    New Yelp feature: Request a Call

    Google Ads issue with access to video pages frontend

    Everything you should know about evaluating your competitor’s backlink profile

    Surprise: ‘Near me’ brand names don’t rank higher for ‘near me’ searches

About The Author

Greg Sterling
Greg Sterling is a Contributing Editor to Search Engine Land, a member of the programming team for SMX events and the VP, Market Insights at Uberall.

Related Topics

Google

Get the daily newsletter search marketers rely on.

Processing...Please wait.

See terms.

ATTEND OUR EVENTS

Learn actionable search marketing tactics that can help you drive more traffic, leads, and revenue.

March 8-9, 2022: Master Classes (virtual)

June 14-15, 2022: SMX Advanced (virtual)

November 15-16, 2022: SMX Next (virtual)

Learn More About Our SMX Events

Discover time-saving technologies and actionable tactics that can help you overcome crucial marketing challenges.

Start Discovering Now: Spring (virtual)

September 28-29, 2022: Fall (virtual)

Learn More About Our MarTech Events

Webinars

Data-Driven Answers to Achieve Omnichannel Success

Is Your Marketing Stack Ready for Omnichannel CX?

Outrank in Organic Search with These 5 Core Tactics

See More Webinars

Intelligence Reports

Enterprise SEO Platforms: A Marketer’s Guide

Enterprise Identity Resolution Platforms

Email Marketing Platforms: A Marketer’s Guide

Enterprise Sales Enablement Platforms: A Marketer’s Guide

Enterprise Digital Experience Platforms: A Marketer’s Guide

Enterprise Call Analytics Platforms: A Marketer’s Guide

See More Intelligence Reports

White Papers

Reputation Management For Healthcare Organizations

Unlock the App Marketing Potential of QR Codes

Realising the power of virtual events for demand generation

The Progressive Marketer’s Ultimate Events Strategy 2022 Worksheet

CMO Guide: How to Plan Smart and Pivot Fast

See More Whitepapers

Receive daily search news and analysis.

Processing...Please wait.

Topics

  • SEO
  • PPC

Our Events

  • Search Marketing Expo - SMX
  • MarTech

About

  • About Us
  • Contact
  • Privacy
  • Marketing Opportunities
  • Staff

Follow Us

  • Facebook
  • Twitter
  • LinkedIn
  • Newsletters
  • RSS
  • Youtube

© 2022 Third Door Media, Inc. All rights reserved.