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. ...

Judge Rules Against Google Books Settlement

Good decision: Agreement needs an opt-in rather than opt-out in order to fully protect copyrights. That would also help get around the inappropriate fact of a publishers' org and the Authors Guild presuming to have authority to negotiate for all authors of out-of-print works, which they don't. Puts power back into the hands of true copyright holders. paidContent: "A federal judge has ruled against Google (NSDQ: GOOG) in its long-standing attempt to expand a plan to scan and then distribute millions of books online. Google was sued by the Authors’ Guild and the Association of American Publishers back in 2004, with the writers’ groups saying that the company’s Google Books site broke copyright laws. The two sides settled their dispute in 2008, but revised that initial settlement in fall 2009 in response to objections from the Justice Department and competitors, who claimed that the initial settlement gave Google too much control over the electronic distribution of in-copyright, out-of-print books. In an opinion issued today, U.S. Circuit Judge Denny Chin said the new settlement remained too favorable to Google. 'The [settlement] would give Google a significant advantage over competitors, rewarding it for engaging in wholesale copying of copyrighted works without permission, while releasing claims well beyond those presented in the case,' Chin wrote. ... "

January E-book Sales Soar, Top Hardcover, Mass Market Paperback

PW: "The surge of e-book buying expected to take place in January following a round of holiday e-reader gift-giving did in fact materialize. According to preliminary estimates from the Association of American Publishers, e-book sales from 16 reporting companies jumped 115.8%, to $69.9 million in January. No other trade segment posted a sales increase in the month."

AAP Reports the Obvious: eBooks Boosted Sales in 2010

PW: "The Association of American Publishers' domestic sales report for 2010 showed e-book sales jumping significantly from last year, rising 164.4%, with e-books bringing in $441 million at the 14 companies that reported sales, compared to $166.9 million in 2009. While all print categories were down slightly in 2010, children's/YA hardcover dropped the most, at 9.5%. The good news for reporting companies is that the significant growth in e-book sales was able to make up for the drops in print revenue, resulting in a 0.2% increase in combined print and e-book sales in 2010. E-book sales represented 8.3% of combined trade sales in 2010, up from 3.2% in 2009. E-book sales have jumped 623% since 2008, when sales from reporting companies were $61.3 million, a figure that represented about 1% of trade sales."

AAP: E-Books Only Bright Spot in Bleak September

PW: "As sales in the traditional trade segments plunged in September, e-book sales jumped 158.1%, according to the monthly sales estimates released by the Association of American Publishers. Sales for the 14 publishers that reported e-book sales hit $39.9 million in the month, and were up 188.4% in the first nine months of the year to $304.6 million. In contrast, sales in the three adult trade segments, adult hardcover, trade paperback and mass market paperback, all fell by more than double digits with the adult hardcover segment experiencing the biggest decline with sales down 40.4% at the 17 publisher who reported sales to the AAP of $180.3 million. The only other segment to post a significant sales gain in September was downloadable audio with sales from the nine reporting companies up 73.7%, to $7.7 million. Sales of audio CDs fell 42.6%, to $11.6 million, in the month at the 22 reporting companies."

eBook Sales Up 127.4% Over Last Year for April

From eBooknewser's Jason Boog:

According to the Association of American Publishers (AAP), eBook sales jumped 127.4 percent in April compared to the previous year--totaling $27.4 million in sales. In comparison, audiobook sales were $11.7 million for the same month.

Nevertheless, March 2010 was a better month for eBooks. As we reported, sales totaled $28.5 million that month. Follow this link to see stats for adult and children's/YA sales in April. ...