Google Books Settlement Shot Down In Court

A federal judge has rejected a proposed agreement that would have allowed Google to digitize and provide online access to virtually any book.

U.S. District Judge Denny Chin, of the district court in Manhattan, has tossed the settlement that Google worked out with author a publisher groups, saying it would have given Google the ability much power to exploit books without the copyright owners' permission.

In his ruling, the judge sided with the U.S. Justice Department, which opposed the settlement.

When Google announced its bold plan to begin scanning books and placing them online, it was immediately challenged in court by the Authors Guide and the Association of American Publishers. In 2008, the parties agreed to a settlement. It was that agreement that the judge denied.

Disappointed

Dr. Marc Maurer, President of the National Federation of the Blind, said his group had been in favor of the agreement because it would have increased access to vast amounts of knowledge.

"For that reason, we are disappointed that the court has rejected the settlement," Maurer said. "We will analyze the decision carefully and then determine our future course."

On September 10, 2009, the National Federation of the Blind testified before the House Judiciary Committee that the proposed settlement between Google and authors and publishers regarding the Google Books project should be approved. Maurer said the Google Books settlement would have made millions of titles available to the blind and other Americans with print disabilities, providing more access to the printed word than the blind have had in all of human history.

The right move

But the Open Book Alliance (OBA) took an opposite view, praising the judge's decision. The group said the agreement would have given Google too much power in the literary world.

"The ruling ratifies the objections of a diverse cross-section of voices who stood up to Google and its partners - from the Justice Department and State Attorneys General to authors and independent publishers to consumer and privacy advocates and members of the academic and library communities," said Gary Reback, Counsel to the OBA.  "We urge the Justice Department to remain vigilant and continue in its role as a leader in protecting consumers and competition from an entrenched monopoly in online search."

The last chapter in the saga has probably not yet been written. In rejecting the settlement, the judge in the case left the door open to a revised settlement, if it provides better protection for copyright owners.