October 10, 2008
Settlement Near in Google Book Search Lawsuit?
Rumors are swirling again that the long-running lawsuit between publishers and Google over its book-scanning program is on the verge of a settlement. According to a report in Library Journal, anonymous sources have let slip “that talk of a final agreement has indeed heated up, with one publishing insider confirming that a settlement was ‘imminent.’”
Google has been scanning millions of books through its Google Book Search program. The suit was brought in October 2005 by five publishers—McGraw-Hill, Pearson Education, the Penguin Group, Simon & Schuster, and John Wiley & Sons, all members of the Association of American Publishers. They seek an injunction against Google on the grounds that scanning a copyrighted work without permission goes far beyond the bounds of fair use.
Both sides dismissed the current whispers. A publishers’ association spokesperson suggested that “the rumor mill was starting its annual run-up to the Frankfurt Book Fair, which begins October 15,” Library Journal reported. A Google representative “also referenced previous rumors about a settlement, and declined comment,” saying the case is still in discovery.
But the story also noted the pressure on both sides to reach some kind of deal to avoid “what is setting up to be a messy trial.” According to Library Journal: “Industry-watchers have predicted the two parties eventually would reach some kind of blanket license agreement, noting that avoiding a court decision involving murky copyright and fair use boundaries is the logical, least risky—and least costly—option for both parties.” —Jennifer Howard
Posted on Friday October 10, 2008 | Permalink |Comments
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I use Google Book all the time, mostly to decide whether or not I want to buy the book itself – either for the library or for a course.
It’s useful as a browsing tool, but it’s no substitute for the book itself.
In a team-taught course, a roomful of eight faculty members all agreed (!!) on the adoption of a textbook largely because we were able to “leaf through it” on Google Book Search.
— LMG Oct 13, 07:52 AM #
I would be very sorry to see this get privately settled. From the outset, I’ve been hoping that Google’s legal team could afford to do what academic institutions can’t, which is to get the courts to give us some reasonable boundaries to fair use to work with. Right now the boundaries are so vague that the use restrictions by suit-aversive institutions is far beyond what the law (probably) requires. We need court rulings to tell us our rights, because the law itself doesn’t.
— Melissa Belvadi Oct 13, 03:34 PM #