Next month, U.S. District Judge Denny Chin of the Southern District of New York will consider granting final approval to what the Department of Justice has called “one of the most far-reaching class action settlements of which the United States is aware.” That settlement—which would resolve copyright litigation between Google and representatives of authors and publishers—is likely to transform the way that books are searched and marketed on the internet.
In December 2004, Google announced an ambitious and controversial plan to digitize the book collections of five American libraries and make them searchable over the internet without permission of copyright holders. In 2005, authors and publishers groups responded with a lawsuit alleging “massive copyright infringement.” Authors Guild v. Google Inc., No. 05-CV-8136 (SDNY). Google’s defenses included the argument that it did not infringe because copyright owners could “opt out” of having their books digitized and that its copying was protected by the fair use doctrine.
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