Update: See also Prof. Samuelson's thoughts on the politics of the negotiations involving France and Germany."The GBS agreement is, however, less a settlement of a class action lawsuit than a forward-looking commercial joint venture that far exceeds in scope the scanning-to-index issue being litigation. Class action settlements typically resolve only the specific dispute between the parties. The more forward-looking the settlement, the broader its scope, the broader the class, and the more the deal tries to release the defendant from liability for future conduct, especially conduct different in kind from the litigated issue, the less likely it is that judges will approve it. The GBS deal is troublesome on all four grounds. Moreover, serious questions exist about whether the authors and publishers who negotiated the settlement adequately and fairly represented the interests of the class as a whole."
Wednesday, November 25, 2009
The Google books settlement an abuse of the class action process?
Pamela Samuelson has a great article on the Google book settlement in The Nation.