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Google, Antitrust, New York 2009

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Google, Antitrust, New York 2009

The Justice Department has spoken out against a proposed settlement between Google and authors and publishers in a long-running copyright infringement case.

The settlement aims to resolve claims brought against Google by the Authors Guild and five major publishers in 2005 over the company’s efforts to digitally scan books contained in several libraries and make them searchable on the Internet.

However, the Justice Department has expressed concerns about the open-ended provisions for future licensing, potential conflicts among class members, and the lack of protections for unknown rights holders.

In a statement of interest filed with the US District Court for the Southern District of New York, the Justice Department proposed that the parties consider a number of changes to the agreement that may help address these concerns.

The proposed changes include imposing limitations on the most open-ended provisions for future licensing, eliminating potential conflicts among class members, providing additional protections for unknown rights holders, addressing the concerns of foreign authors and publishers, and eliminating the joint-pricing mechanisms among publishers and authors.

The Justice Department also suggested that the parties consider providing some mechanism by which Google’s competitors can gain comparable access to the scanned books.

The District Court’s hearing on the proposed settlement is scheduled to take place on October 7, 2009.

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