Federal Judge Denny Chin recently rejected the $125 million proposed 2008 settlement between Google and the various book publishers and authors who had alleged that Google's plan to digitize of every book ever published would violate copyright law. Judge Chin cited a multitude of concerns in his opinion rejecting the settlement, while focusing on the underlying anti-trust concerns and copyright infringement issues. "Judge Chin acknowledged that while the public would benefit from the 'creation of a universal digital library,' the proposed agreement went too far," says Andrew Martin, an attorney with the technology law firm Scott & Scott, LLP. "The judge apparently was persuaded by the fact that a significant number of copyright owners opted out of the settlement, a fact that he repeatedly referenced in his opinion. Ultimately, though, Judge Chin reiterated what the Supreme Court already has held: that determinations on how best to pursue and preserve the objectives of the Copyright Clause should be handled by Congress, not by the courts." For more information, please contact Mr. Martin at 800-596-6176 or amartin@scottandscottllp.com.
About the author
Andrew Martin:
As an associate attorney with extensive prior experience advising information technology start-ups, Andrew’s practice focuses on finding solutions for his clients’ intellectual property issues. Due to his extensive experience in the software and technology industries, Andrew understands both the practical and legal issues involved in IP licensing agreements and disputes. In addition to licensing, Andrew helps his clients find new ways to use existing technologies to assist his clients in areas such as data privacy compliance. Andrew uses his diverse background which includes founding a record label and working for a world-wide concert promoter when counseling the firm’s entertainment clients.
Get in touch: amartin@scottandscottllp.com | 800.596.6176