Wednesday, March 23, 2011

The rejected Google e-books settlement: What it means and what comes next

LA Times:
More than a year after giving it preliminary approval, U.S. District Court Judge Denny Chin on Tuesday rejected the Google Books Amendment Settlement Agreement, yet left a door open for the parties to try for a revision. 'The motion for final approval of the ASA is denied, without prejudice to renewal in the event the parties negotiate a revised settlement agreement,' he wrote.

What's more, in his decision, Chin detailed several possible revisions, providing a roadmap for the parties if they intend to attempt to revise the settlement.

Will they? It looks like they may try. ...

"Although I am persuaded that the parties are seeking in good faith to use this class action to create an effective and beneficial marketplace for digital books, I am troubled in several respects," Chin wrote. He brought up several key issues that seemed to point a way toward potential resolution of the agreement, including moving the issue of orphan works and international copyright issues to Congress, privacy concerns and inverting the structure of the ASA so authors interested in participating could opt in, rather than being included by default. ...