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Federal Judge Rejects Google Books Deal

Posted by timothy on from the edge-of-the-copyright-envelope dept.

14erCleaner writes "US Circuit Judge Denny Chin has rejected a $125 million settlement between Google Books and the author's guild that would have allowed Google to publish all out-of-work fiction online. Chin has previously ruled more favorably on this case."

2 of 234 comments (clear)

  1. Let's clear something up... by GrumpySteen · · Score: 5, Informative

    2.4 Non-Exclusivity of Authorizations.

    The authorizations granted to Google in this Amended Settlement Agreement are non-exclusive only, and nothing in this Amended Settlement Agreement shall be construed as limiting any Rightsholderâ(TM)s right to authorize, through the Registry or otherwise, any Person, including direct competitors of Google, to use his, her or its Books or Inserts in any way, including ways identical to those provided for under this Amended Settlement Agreement.

    Google was not trying to get exclusive rights to anything. Anyone and everyone else would have been free to scan in books and sell them exactly like Google wanted to do.

    Everyone posting here about how evil Google is for wanting exclusive rights to sell these books is wrong. None of them have read the proposed settlement and they have no clue what they're talking about. They're spreading FUD and you idiots are falling for it.

    1. Re:Let's clear something up... by I3OI3 · · Score: 5, Informative
      No, you're absolutely right. Absolutely anybody else who wanted to could compete by:
      * Openly commiting a massive infringement (note that non-massive infringement would not be sufficient)
      * Being sued by the Author's Guild
      * Having that suit granted a class action status
      * Having a large enough legal team you can fight the class action lawyers
      * Convincing the class action lawyers that they should settle into a business deal instead of cashing out
      * Ensuring that this deal is sweeter for the lawyers than Google's or they'll just keep monopoly rents through Google

      Yep. There's no exclusive rights here at all.