Internet search services provider Google, Inc., US, has confirmed that its attorneys have filed a petition to appeal Judge Denny Chin’s recent order granting the Authors Guild’s motion for class certification in its ongoing litigation. While details of the appeal filing were not immediately available, the appeal process could delay the motions for summary judgment, due for June 26. Ultimately the trial date, set for early September, could also be delayed while the appeal process plays out.
Google had earlier argued that the case should not be certified as a class action mainly because ‘individual issues predominate over common ones as to copyright ownership and fair use.’ However, Judge Chin, in his recent ruling, rejected that argument.
The appeal reportedly sets up yet another interesting twist in the long-running case. Chin’s colleagues on the Second Circuit could potentially strike down his recent decision. Chin was promoted to the Second Circuit Court of Appeals in April 2010. He, however, kept the Google case, sitting by designation with the district court.
