Judge refuses to delay NY case for Google appeal

Aug 29, 2012 by Larry Neumeister

(AP)—The federal judge presiding over challenges to Google Inc.'s plans to create the world's largest digital library has refused to delay the 7-year-old case while Google appeals his decision to grant authors class certification.

U.S. Circuit Judge Denny Chin's order was put in the court file Wednesday in Manhattan, where he ruled in May that class action was "more efficient and effective" than requiring thousands of authors to sue individually. His order was dated Tuesday.

The Mountain View-California-based Google appealed the class-certification ruling and asked to delay all proceedings until the 2nd U.S. Circuit Court of Appeals rules.

Chin said a delay was unwarranted, especially since it would hold the case up for a year or more.

"The merits would have to be reached at some point in any event, and there simply is no good reason to delay matters further," the judge wrote.

He also said he found it surprising that Google argued it would be unfair to decide the merits of the case while authors were deciding whether to opt out of the class, especially "in light of Google's fervent opposition to class certification."

Chin has scheduled oral argument for October on requests by lawyers that he decide issues without a jury.

Google already has scanned more than 20 million books for the project. The Authors Guild had requested class certification, saying it was impractical and expensive for each author to sue Google over similar claims.

The has asked in court papers that the class be awarded $750 in damages for each copyrighted book Google copied. It has argued that Google was not making "fair use" of copyright material by offering snippets of works in its .

Lawyers for did not immediately respond to a message for comment. The company that operates the world's largest has defended its online library plans, saying it is fully compliant with copyright law.

Explore further: Digital dilemma: How will US respond to Sony hack?

not rated yet
add to favorites email to friend print save as pdf

Related Stories

Google given more time to reach book settlement

Jun 01, 2011

A US judge on Wednesday allowed Google and US authors and publishers more time to seek a new settlement over the Internet giant's plan to create a massive online library and bookstore.

Google wants authors group out of NY library case

May 03, 2012

(AP) -- Google Inc. urged a judge Thursday to toss The Authors Guild and an organization representing photographers out of 6-year-old litigation over the future of the world's largest digital library, a move that would force ...

Google seeks to close book in author copyright case

Jul 27, 2012

Google asked a US court Friday to put an end to a long-running lawsuit over the Internet giant's massive book-scanning project, saying the effort is "not a substitute" for books themselves.

Recommended for you

Digital dilemma: How will US respond to Sony hack?

2 hours ago

The detective work blaming North Korea for the Sony hacker break-in appears so far to be largely circumstantial, The Associated Press has learned. The dramatic conclusion of a Korean role is based on subtle ...

UN General Assembly OKs digital privacy resolution

5 hours ago

The U.N. General Assembly has approved a resolution demanding better digital privacy protections for people around the world, another response to Edward Snowden's revelations about U.S. government spying.

Online privacy to remain thorny issue: survey

6 hours ago

Online privacy will remain a thorny issue over the next decade, without a widely accepted system that balances user rights and personal data collection, a survey of experts showed Thursday.

Spain: Google News vanishes amid 'Google Tax' spat

Dec 16, 2014

Google on Tuesday followed through with a pledge to shut down Google News in Spain in reaction to a Spanish law requiring news publishers to receive payment for content even if they are willing to give it away.

User comments : 0

Please sign in to add a comment. Registration is free, and takes less than a minute. Read more

Click here to reset your password.
Sign in to get notified via email when new comments are made.