A US judge recently rejected the Google Book Settlement Agreement, a proposed deal between Internet search services provider Google, Inc., US, and the book industry that would have put millions of volumes online, media reports have indicated. He cited antitrust concerns and the need for involvement from Congress, while acknowledging the potential benefit of putting literature in front of the masses. The Google initiative was aimed at allowing readers to access books via digital devices.
Circuit Judge Denny Chin in Manhattan ruled that the agreement would "grant Google significant rights to exploit entire books, without the permission of copyright owners" and would "give Google a significant advantage over competitors, rewarding it for engaging in wholesale copying of copyrighted works without permission, while releasing claims well beyond the case."
Judge Chin also reportedly found the deal raised antitrust problems. He noted that the settlement "would give Google a de facto monopoly over unclaimed works"; the settlement "would arguably give Google control over the search market"; and Google's ability to deny competitors the ability to search orphan books would further entrench the company's market power in the online search market.
A representative of the publisher plaintiffs has said they are now looking to enter into a narrower settlement. The plaintiffs include McGraw-Hill, Pearson Education, Penguin Group (USA), Simon & Schuster, John Wiley & Sons, Association of American Publishers, Harlequin Enterprises, Macmillan Publishers, Melbourne University Publishing and The Text Publishing Company.
Consumer Watchdog, a US-based consumer advocacy group that had filed two amicus briefs opposing the Books Settlement, praised the latest ruling against Google. The organisation aims to protect consumers' online privacy rights and educate them about the issues through its Inside Google Project.
The $125 million Google Books settlement had drawn hundreds of objections from Google rivals, consumer watchdogs, academic experts, literary agents and even foreign governments. Google already has scanned more than 15 million books for the project. According to the judge, the Congress should ultimately decide who should be entrusted with guardianship over orphan books and under what terms, rather than the issue being resolved by private, self-interested parties.
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