Justice Department recommends the Google Books settlement be rejected and renegotiated

Late last night the U.S. Department of Justice filed a 32-page “statement of interest” regarding the proposed Google Books settlement.  In short, the DOJ recommends that:

This Court should reject the Proposed Settlement in its current form and encourage the parties to continue negotiations to modify it so as to comply with Rule 23 and the copyright and antitrust laws.

This Resource Shelf post has a long link roundup of news reports and reactions. Here’s today’s New York Times article about it.

Law Professor James Grimmelmann has posted a detailed summary and explanation of the DOJ filing in his Laboratorium blog, which begins:

This is a really, really good brief. The Department of Justice appreciates both the potential and the dangers of the settlement. They’re clearly trying to lay the groundwork for a constructive way forward, while protecting copyright owners and competition.

The DoJ, speaking on behalf of the United States, has two broad areas of concern: fairness to copyright owner class members and protecting competition. It also strongly notes the public benefits from making out-of-print works more available, from creating accessible versions for the disabled, and from expanding distribution options for books. Their bottom line is that the settlement as it now stands is untenable, but that with modifications, it could be much better. It indicates that the parties are trying to negotiate (with each other and with the DoJ, it would appear) some of those changes, and the DoJ gives the court suggestions for how it ought to encourage the parties along….

Grimmelmann’s blog is a great source for detailed information about the Google Books controversy, with lots of useful links and interesting analysis.

The fairness hearing on the settlement is on October 7th. The court has received over 400 written filings in the case, and The Public Index has a list and links to them. These include objections, amicus briefs, letters of support, and letters raising concerns, from corporations, organizations, libraries, universities, publishers, individual authors, and even countries.

Here are a few other links I’ve been collecting over the past few weeks:

Here are links to my previous blog posts about the Google Books settlement.

One response to “Justice Department recommends the Google Books settlement be rejected and renegotiated

  1. Pingback: Sterling Editing | Written on the internet

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