Google Book Search negotiations will move forward into July 2012, according to New York District Court Judge Denny Chin.
(NASDAQ:GOOG) and the authors and publishers contingent who sued it for
copyright infringement in 2005 reported making "substantial progress"
toward reaching a reasonable agreement, the third time the parties have
attempted to come to terms in the last two years.
New York District
Court Judge Denny Chin acknowledged at a status conference Sept. 15 that he was
"still hopeful" that a resolution could be reached, according to Bloomberg
deal is at least a year away after Chin signed off on a schedule of events
running through July 31, 2012, according to James Grimmelmann, an associate professor at New York Law
Google and the
plaintiffs have been back and forth at the bargaining table since March this
year, when Chin struck down a deal that would let the search giant
scan and store millions of "orphaned" works
works include titles that are out of print and whose authors can't be found or
Chin said then
that the deal "would give Google a de facto monopoly over unclaimed
works" and deemed it unfair to rights' holders whose copyrighted works
would be served online without their permission.
That deal was
a revision of an earlier agreement in which Google would pay a one-time fee of $125 million
to settle with authors and publishers, and create a Book Rights Registry
through which it can share money for digital books sold with the authors and
The U.S. Justice Department said the deal
violate antitrust and copyright law, which prompted Google to revise the settlement in November 2009
The DOJ asked
Chin to oppose the deal, citing copyright and antitrust issues that render it
anti-competitive. Chin's rejection of the deal in March triggered the current
Due to the
complexity of the agreement, and the changes Chin ordered, the parties have
essentially started over.
Google told eWEEK
Sept. 15 it has made progress with
the Association of American Publishers in the deal, though it is still working
on terms that are amenable to the Authors Guild.
encouraged by the progress we've made with publishers, and we believe we can
reach an agreement that offers great benefits to users and rights' holders alike,"
a Google spokesperson told eWEEK.
continue to explore options with the authors. However, we proposed an
aggressive timeline to resume the original litigation, and we were heartened by
Judge Chin's agreement on a speedy schedule for proceeding."
The Association of
American Publishers (AAP) added
: "Today, we informed the court
that the Association of American Publishers, the five publisher plaintiffs and
Google have made good progress toward a settlement that would resolve the
pending litigation regarding the Google Library Project. We are working to
resolve the differences that remain between the parties and reach terms that
are mutually agreeable."