subject: N.Y. judge rejects Google book deal [print this page] N.Y. judge rejects Google book dealN.Y. judge rejects Google book deal
Saying Google Inc. had overstretched, a federal judge on Tuesday rejected a deal between the giant search engine and lawyers for authors and publishers that would have let the company make money presiding over the world's largest digital library.
U.S. Circuit Judge Denny Chin in Manhattan said the creation of a universal library would benefit many but would "simply go too far." He rejected a $125 million settlement that was opposed by Google rivals, consumer watchdogs, academic experts, literary agents and even foreign governments.
Google has already scanned more than 15 million books for the project.
Chin said the settlement that the company reached with U.S. authors and publishers would "grant Google significant rights to exploit entire books, without permission of the copyright owners."
The deal gives Google "a significant advantage over competitors, rewarding it for engaging in wholesale copying of copyrighted works without permission, while releasing claims well beyond those presented in the case," Chin said. He said many of the concerns raised in objections to the settlement would go away if it were converted to an "opt-in" settlement from an "opt-out" settlement.
Hilary Ware, Google's managing counsel, called the decision disappointing and said the company was considering its options.
The case developed after Google in 2004 announced it had agreed with several major research libraries to digitally copy books and other writings in their collections. The authors and publishers sought financial damages and a court order to block the copying when they sued Google in 2005 after Google failed to obtain copyright permission to scan the books.
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