Google Settlement Update

The parties to the Google Book suit submitted a revised version of the settlement to the court on November 13. After the submission of the amended settlement agreement, supplemental notice was issued, and an extended comment period was opened.

The Department of Justice filed its Statement of Interest regarding the Google Book Search Settlement on February 4. Among the concerns the statement details is that the federal court lacks the authority to approve the settlement, which should properly be a matter for Congress. A fairness hearing was held on February 18, during which Judge Chin heard from 26 speakers (21 against the settlement, 5 in favor). Most notably, the court heard from U.S. attorney William Cavanaugh, who argued that the class action vehicle was not appropriate for this matter and that the settlement went too far in modifying copyright, and Duralyn Durie (for Google), Michael Boni, and Bruce Keller (for the plaintiffs) who countered Cavanaugh's claims and urged the court to approve the settlement.

View the statement of interest from the Department of Justice regarding the proposed amended settlement agreement: