April 23, 2018

Google Appeals Class Action Certification

Google appealed Judge Denny Chin’s order granting the Authors Guild class certification in the ongoing litigation between the two over whether Google Books is fair use. In its filing, Google again raised the issue of “whether class plaintiffs seeking to stop alleged copyright infringement can adequately represent class members who benefit from the defendant’s conduct […]

Authors Guild vs. Google Books Now a Class Action Lawsuit

The Authors Guild’s case against Google Books is now a class action suit, as of May 31. Judge Denny Chin did not find Google’s survey showing that many authors have different views of the damage done them, if any, by Google Books, reason enough not to certify the class. “That some class members may prefer […]

Google, Author’s Guild Clash Over Class Action and Standing

Judge Chin heard oral argument in the Google Books case on May 4 and ultimately reserved decision. The parties will go ahead with their summary judgment motions, with oral argument scheduled for September. According to New York Law  School professor James Grimmelmann’s Labortorium blog, Google argued that individual authors, not the Author’s Guild, should be […]

Hathi Trust, Library Associations Dispute Author’s Guild Motion

On April 20 the Hathi Trust filed a motion opposing the Author’s Guild’s latest move in the ongoing lawsuit between the two, in which the Guild filed for partial judgment on the pleadings on February 28. The Trust said the Guild’s argument defied common sense as well as Congressional intent in denying that libraries, like […]

Author’s Guild Seeks Partial Judgment on Hathi Trust’s Fair Use

In the ongoing litigation between the Hathi Trust and the Author’s Guild over the Trust’s book digitization in partnership with Google, the Guild filed for partial judgment on the pleadings on February 28. In essence, the Guild claimed that the more than 60 libraries and institutions in the trust are infringing on copyright because their book digitization activities “are wildly exceeding” those defined in section 108 of the 1976 Copyright Act.

LJ talks to James Hilton

In the lawsuit filed against Google by the Author’s Guild the University of Michigan library was explicitly mentioned – not as a party to the suit but because the plaintiffs in the case could be sure that their books would be digitized at Michigan. Indeed Michigan is giving Google access to its entire collection, while […]