Judge: Amended Pact To Be Submitted In Google Book Case Nov 9
October 07 2009 - 10:18AM
Dow Jones News
A group of authors and publishers and Google Inc. (GOOG) will
submit an amended version of their settlement over digital copies
of copyrighted books on the Internet in November, a judge said
Wednesday.
At a hearing Wednesday, U.S. District Judge Denny Chin in
Manhattan set Nov. 9 as the date for the parties to submit an
amended settlement that addresses concerns raised by the U.S.
Department of Justice and others about the deal.
Michael Boni, a lawyer for the authors, said the parties hope to
seek final approval of the amended pact in December or early
January.
"We have been working around the clock," Boni said.
Boni also said they would hope to have a shorter period for
objectors to raise concerns about the changes in order to move the
settlement forward.
Under the original settlement with the Authors Guild and the
Association of American Publishers reached last year, Google would
have paid $125 million to establish a registry to allow authors and
publishers to register their works and get paid when their titles
are viewed online.
Boni said the parties have already agreed to extend the deadline
for authors to make claims regarding books that are already scanned
from Jan. 5, 2010, to June 5, 2010.
The settlement would have resolved lawsuits by the authors' and
publishers' groups over the Google Book Search program. Google has
scanned millions of books for the program.
Daralyn Durie, a lawyer for Google, said the parties expect to
present an amended settlement to the court by early November.
However, a number of authors, privacy advocates, governments and
others, including Time Warner Inc.'s (TWX) DC Comics, Microsoft
Corp. (MSFT) and the French and German governments, filed
objections to the settlement.
They have argued in part that the pact would have given Google
broad rights and immunities that will give it an unfair advantage
over other digital libraries and violates copyright laws outside
the U.S.
A fairness hearing on the settlement, originally set for
Wednesday, was delayed to allow the parties time to amend the deal
in order to win approval from the Justice Department.
Deputy Assistant Attorney General William F. Cavanaugh said the
Justice Department hasn't yet seen any proposed changes in the
agreement at this point.
-By Chad Bray, Dow Jones Newswires; 212-227-2017;
chad.bray@dowjones.com