From The Digital Reader:
Remember that lawsuit that the Authors Guild and the AAP filed against Google over
Google Print Google Book SearchGoogle Books in 2005?
A 3 judge panel on the 2nd Court of Appeals just ruled that Judge Denny Chin erred in certifying that the plaintiffs could act as a class. Instead the 3 judges believed he should have first considered Google’s argument of a fair use defense.
“Putting aside the merits of Google’s claim that plaintiffs are not representative of the certified class — an argument which, in our view, may carry some force — we believe that the resolution of Google’s fair use defense in the first instance will necessarily inform and perhaps moot our analysis of many class certification issues,” the 2nd Circuit said.
Link to the rest at The Digital Reader
More from Paid Content:
The new ruling (see below) is a blow to the Authors Guild, which revived the original law suit in late 2011, because it unplugs Chin’s earlier decision to let the case proceed as a class action — allowing every registered author in America to sue together. Google had objected to the class action status, claiming it forced authors who liked the scanning project into a lawsuit with those who didn’t. The appeals court appeared to agree with Google’s position, writing that is “an argument which, in our view, may carry some force.”
But the most significant part of the ruling is that Chin must now directly rule on whether Google’s activities are “fair use” — a four-part test that looks at issues like the purpose of the copying and its effect on market sales. Google has long argued that its scanning of more than 20 million books has not hurt authors, but helps to make forgotten or hard-to-find works available to larger audience.
. . . .
Finally, the new ruling raises questions on how much longer the Authors Guild is willing to continue the expensive litigation. The appeals court’s decision to decertify the class action likely crushes the Guild’s hopes of a big settlement payoff.
Link to the rest at Paid Content