DOJ: Court should reject Google book search settlement
IDG News Service - The U.S. Department of Justice has come out against the proposed agreement to settle copyright lawsuits that authors and major publishers filed against Google over the search company's book search program.
"This Court should reject the Proposed Settlement in its current form and encourage the parties to continue negotiations," reads a filing the DOJ submitted to the U.S. District Court for the Southern District of New York late on Friday.
The proposed settlement must be modified by Google and the plaintiffs so that it complies with U.S. copyright and antitrust laws, the DOJ said in its filing, a 32-page Statement of Interest.
The DOJ's opinion is likely to be seen a major blow against Google, which has been in court over this matter for about four years and is eager to get the case settled.
The DOJ had until Friday to submit a written report to the court on the findings of a formal investigation over whether the proposed agreement violated U.S. laws.
Rumors that the DOJ had started reviewing the proposed agreement surfaced in April. The DOJ confirmed that it was conducting a formal investigation in July.
Those following the case have been widely anticipating the result of the DOJ's probe of the proposed agreement, which has been loudly praised and criticized since it was announced in October of last year.
Book authors and the Authors Guild filed a class action lawsuit, while five large publishers filed a separate lawsuit as representatives of the Association of American Publishers' membership.
The lawsuits were brought after Google launched a program to scan and index sometimes entire collections from the libraries of major universities without always getting permission from the copyright owners of the books.
Google made the text of the books searchable on its book search engine, claiming it's protected by the fair use principle because it only showed snippets of text for in-copyright books it had scanned without permission.
However, after two years of negotiations, Google and the plaintiffs reached middle ground, hammering out a wide-ranging settlement agreement that calls for Google to pay US$125 million and in exchange gives the search company rights to display meatier chunks of these in-copyright books, not just snippets.
In addition, Google would make it possible for people to buy online access to these books. The agreement would also allow institutions to buy subscriptions to books and make them available to their constituents.
A royalty system would also be set up to compensate authors and publishers for access to their works via the creation of the Book Rights Registry. This would be an independent, nonprofit entity entrusted with distributing payments to copyright holders earned through online access to their works. Revenue will come from institutional subscriptions, book sales and ad-revenue sharing.
- 18 Hot IT Certifications for 2014
- CIOs Opting for IT Contractors Over Hiring Full-Time Staff
- 12 Best Free iOS 7 Holiday Shopping Apps
- For CMOs Big Data Can Lead to Big Profits
- Slideshow: 5 ways to lock down your mobile device
- Slideshow: 10 mistakes companies make after a data breach
- How to rob a bank: A social engineering walk through
- Which smartphone is the most secure?
If you think getting it right from day one is always what matters, you probably haven't been following technology too closely.
- IT Certification Study Tips
- Register for this Computerworld Insider Study Tip guide and gain access to hundreds of premium content articles, cheat sheets, product reviews and more.
- Bring Networks and Applications Closer--Cisco ONE
- A series of sweeping trends is placing new requirements on the tried-and-true network model--requiring network infrastructure and applications to communicate. Get the open...
- Lippis Research Reviews the Cisco Catalyst 2960-X
- In this Lippis Report Research Note, Lippis Research reviews the latest edition of the "most popular access switch on the planet" -- the...
- Design Guide--Scaling Up to a Campus-Wide LAN
- Is it time to scale your network environment to a campus wired LAN? Here's the framework you need to set up your LAN...
- Comprehensive Security: Cisco Catalyst 2960 Series
- With a rich and comprehensive set of security features, Cisco Catalyst 2960-X and 2960-XR Series Switches can help you address networking megatrends such...
- Be Energy Efficient--The Cisco Catalyst 2960 Series
- How much energy could be saved if all 230 million Layer 2 and 3 fixed managed switch ports sold in 2012 were as... All Government IT White Papers
- Modernizing SAP environments with minimum risk - a path to Big Data Hear from top IDC analyst, Richard Villars, about the path you can start taking now to enable your organization to get the benefits...
- Vblock™ Specialized System for SAP HANA® Overview video from DJ Long about the new Vblock Specialized System for SAP HANA®.
- The Power of the Citrix Mobility Solution, XenMobile Does everything become a smartphone? Or does the smartphone begin to do everything? How can we afford to support BYOD? Rather, how can...
- BYOD Happens: How to Secure Mobility How to navigate the journey of securing mobility, including the BYOD corruption of IT, the top ten mobility strategies, and the mobility management...
- Fighting Fraud Videos: IBM Intelligent Investigation Manager Short videos about IBM Intelligent Investigation Manager (IIM) for Fraud. IIM optimizes the investigation of fraud for customers across many industries in both...
- All Government IT Webcasts
Does your organization offer extensive benefits, cool perks, competitive salaries, opportunities for training and advancement? Then get it recognized!
Nominate your company or another deserving organization for Computerworld's 2014 Best Places to Work in IT list now through Dec. 20, 2013.