Judge Leaves Google Book Search Deal in Limbo

執筆者
Clint Boulton
Clint Boulton
Published: Feb 18, 2010
Updated: Feb 2, 2021
3 minute read
eWeek のコンテンツおよび製品のおすすめは、編集上の独立性を保っています。パートナーへのリンクをクリックすると、当社が報酬を得る場合があります。 詳細を見る

A judge declined to rule on the proposed pact between Google and authors and publishers that would allow the search engine to scan out-of-print works on the Web and sell them to users.

Denny Chin, judge for the U.S. District Court of the Southern District of New York, said at a hearing for the Google Book Search deal Feb. 18 that he would instead write an opinion on the deal, which has been vociferously opposed by Google rivals Microsoft and Amazon as well as the Department of Justice. Chin gave no timeline for presenting his opinion.

According to BusinessWeek/Bloomberg, Chin said: “I am not going to rule today,” adding that he is still reading and considering the 500-plus court papers submitted to him. “Voluminous materials have been submitted. There are recurring themes.”

Google and the Author’s Guild and the Association of American Publishers struck their Google Book Search deal in 2008 to resolve a copyright infringement suit between Google, authors and publishers stretching back to 2005.

The agreement called for Google to scan millions of orphan books, or those works for whom authors can’t be found or are unknown. Google would then let users search for them and pay to use the works, with authors and publishers taking 63 percent of the sales and Google taking the remaining 37 percent. Google agreed to pay $125 million to settle the grievance and set up a Books Rights Registry to dispense the monies collected from book sales.

The DOJ and Google’s search rivals opposed the deal, arguing that it would give Google too much control over orphan works in an increasingly competitive space. Privacy advocates complained that Google wasn’t taking the necessary precautions to protect readers’ privacy.

Google, authors and publishers in November 2009 amended the settlement, though opponents were still largely unsatisfied with the revision. The DOJ shot down the deal Feb. 4 because it said it gives Google “anti-competitive advantages.”

That led to today’s court hearing, where Google, authors and publishers asked the judge to accept the deal. A Google spokesperson told eWEEK after the hearing:

““As we stated in court today, we firmly believe the settlement should be approved-not only because it complies with the law, but also because it will help realize countless benefits.”“

Google’s chief search rival Microsoft, Amazon (which is building its own digital library), the Open Book Alliance and 20-plus other entities took 5 minutes each to state their objections.

Advertisement

Supporters such as Sony, which makes e-reader devices that would leverage the digital Google Books library, said Google Book Search would provide great benefits to society. The Center for Democracy and Technology was concerned with threats Google Book Search might expose readers’ privacy.

Most opponents were concerned the deal would give Google a digital book monopoly. Thomas Rubin, chief counsel for intellectual property strategy at Microsoft, told the court the settlement would give Google exclusive access to hundreds of millions of unclaimed published works.

Dow Jones (paywall warning) quoted Rubin as saying: “It can’t possibly be good for competition when the vast majority of works are in the hands of an already dominant player.” Google commands 65.4 percent of the search market, according to comScore.

The Google spokesperson told eWEEK:

““We heard many times today from supporters and objectors alike that the settlement offers an extraordinary opportunity to unlock access to millions of books for students, readers and researchers in the U.S.”We appreciate the concerns voiced, but we believe this settlement strikes the right balance and should not be destroyed to satisfy the particular interests of the objectors.”“

Chin’s opinion is what matters most now, and he hasn’t delivered it. That puts Google Book Search right back in limbo.

Clint Boulton

Clint Boulton

Content Writer

Clint Boulton is a ServerWatch contributor and a senior writer for CIO.com covering IT leadership, the CIO role, and digital transformation.

eWeek Logo

eWeek has the latest technology news and analysis, buying guides, and product reviews for IT professionals and technology buyers. The site's focus is on innovative solutions and covering in-depth technical content. eWeek stays on the cutting edge of technology news and IT trends through interviews and expert analysis. Gain insight from top innovators and thought leaders in the fields of IT, business, enterprise software, startups, and more.

TechnologyAdvice が所有・運営しています。 © 2026 TechnologyAdvice. 無断転載を禁じます

広告主に関する開示:このサイトに掲載されている製品の一部は、TechnologyAdvice が報酬を受け取っている企業のものです。この報酬は、製品がこのサイトのどこにどのように表示されるか(表示される順序など)に影響する場合があります。TechnologyAdvice は、市場で入手可能なすべての企業やすべての種類の製品を掲載しているわけではありません。