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Google Books Lawsuit

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by

Mehreen Qureshi

on 9 March 2015

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Transcript of Google Books Lawsuit

Wall Street Journal Model
Facts/Background
In early 2000's, Google started to digitize books and research papers in order to create massive online library

Shared snippets of these works to the public, extended the lifetime of some works

Google has been getting sued for copyright infringement over
the past decade by individual authors, the Author's Guild, and the Association of American Publishers


Criminal Charges
Civil Suits
Business Practices
Ethical Model 1
Timeline
Initial Settlement
$125 million to right-holders of books of scanned books, cover plaintiffs court costs, and create a Book Rights Registry and Google Books Settlement page.
Rejected without prejudice; readjust terms due to unfair advantage.
Civil Suits
Ethical Model 2
Front of the Newspaper Method
Business Practices
After the lawsuit

Authors have the right to remove books
Google tried to pay settlement in effect to buy the entire ebook market
Background

Google search engine + Google Book
=Benefits all society (readers, authors & publishers, and Google )
Before the lawsuit
Efforts: Create partnership with libraries, authors, and publishers
Technology: Only shows snippets
Follow Google's action?

Google's technology and effort
Benefits all society
Makes many innovation to take place

However...Google could do better at

Better explanation of actions to authors and publishers
Bring awareness to readers
Form separate team for dealing with income from unclaimed books
Generally, it is a well-balanced business practice.
Dismissal of lawsuit (November 2013)
Judge Chin: "In my view, Google Books provides significant public benefits. It advances the progress of the arts and sciences, while maintaining respectful consideration for the rights of authors and other creative individuals, and without adversely impacting the rights of copyright holders."
Legal theory: four traditional factors that decide whether use of a copyrighted work constitutes "fair use" under United States copyright law:
1. the purpose and character of the use;
2. the nature of the copyrighted work;
3. the amount and substantiallity of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.
Limited foreign books, added international Board members to the Books Rights Registry, renegotiation of revenue share, and flexibility in discounting.
Rejected; would give Google a monopoly.
Amended Settlement
Current status
Authors Guild Executive Director Paul Aiken seeks to appeal decision
Compliance
Legal
Contribution
Shareholders: Expand market
Customers: More access to information
Suppliers: Authors
Community: Not unanimous
Consequences
Facts/Background
Settlements have been proposed and thrown out

Judge ended up ruling in Google's favor in 2013

Fair use precedent from this case
Civil Suits
Late 2005: Authors Guild and Association of American Publishers separately sued Google, in terms of massive copyright infringement
Violation of Copyright Act, 17 U.S.C. section 101
Dispute over "fair use" of copyright law
How would this affect Google?
Did not hurt them
How will people perceive?
Potential for bad publicity
"It advances the progress of the arts and sciences, while maintaining respectful consideration for the rights of authors and other creative individuals, and without adversely impacting the rights of copyright holders."
--- Judge Chin
Code of Conduct
Serve Our Users
"...Hold ourselves to a higher standard in how we treat users and operate more generally"
Integrity
"Our reputation as a company that our users can trust is our most valuable asset"
Usefulness
"Is what we are offering useful?"
Judge allows class action lawsuit
Sources
Google Books: Court Dismisses Authors' Lawsuit
http://online.wsj.com/news/articles/SB10001424052702303289904579197942487038488
Siding With Google, Judge Says Book Search Does Not Infringe Copyright
http://www.nytimes.com/2013/11/15/business/media/judge-sides-with-google-on-book-scanning-suit.html?_r=0
Siding With Google, Judge Says Book Search Does Not Infringe Copyright
http://www.nytimes.com/2013/11/15/business/media/judge-sides-with-google-on-book-scanning-suit.html?_r=0
The Amended Google Book Settlement: Judge Chin’s Decision
http://www.wipo.int/wipo_magazine/en/2011/03/article_0003.html
Google Sued by French Publishers for $14 Million Over Books
http://www.bloomberg.com/news/2011-05-11/google-sued-by-french-publishers-for-unauthorized-book-scanning.html
Judge Chin rejects Google Book Settlement
http://www.teleread.com/copy-right/judge-chin-rejects-google-book-settlement/
Full transcript