May 24, 2018

Authors Guild Appeals Dismissal of Google Books Lawsuit

Last November Judge Denny Chin dealt a blow to the lawsuit filed by publishers and the Author’s Guild against tech giant Google and its Google Books Service (GBS). Chin, of the 2nd Circuit U.S. Appeals Court, dismissed the case, which challenged the legality of GBS providing searchable PDFs of copyrighted works when Judge Denny. On Friday, April 11, the Guild filed an appeal in the case, marking the latest flareup in a long-running suit with major implications for copyright law in the U.S.

Authors Guild Loses Class Action Status

On Monday, the U.S. Court of Appeals for the Second Circuit vacated Judge Denny Chin’s 2012 grant of class action status to the Authors Guild in its long-running suit against Google Books. The panel called the certification “premature.” It added that the court should first have decided on the merits of Google’s fair use defense, which, the court said, “will necessarily inform and perhaps moot our analysis of many class certification issues.”

GBS: Google Wins Stay From U.S. Appeals Court on E-Books Case

From Bloomberg: Google Inc. (won a bid to delay a copyright lawsuit by the Authors Guild of America over the company’s plans to digitally scan millions of books while it appeals a decision that allows the plaintiffs to sue as a class. U.S. Circuit Judge Raymond Lohier of the U.S. Court of Appeals in Manhattan […]

Google Allowed to Appeal Class Action Status of Authors Guild Case

The U.S. Circuit Court of Appeals for the Second Circuit will allow Google to appeal the class action status of the seven-year old Google Inc. v. Authors Guild case, the court announced in an order this morning. Decertifying the case would force Author’s Guild members who dispute the digitization of their works to sue Google individually. Google has argued that many authors have benefited economically from its Google Books project, and whether a scan violated copyright or was protected under fair use doctrine should be determined on a case-by-case basis.

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 […]

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.