The IRRO, along with several Indian publishers and authors, on Thursday moved a US court against GBS 2.0, alleging copyright violation. Google’s Library Project has faced legal roadblocks around the world for the last 4 years..Google’s plan to digitize books through its ambitious ‘Library Project’, has hit a new roadblock with Indian publishers accusing the internet giant of copyright violations..The Indian Reprographic Rights Organization (IRRO), a copyright society incorporated in 2000 to license books and other publications’ reproduction rights has filed a suit against Google in the Court of the Southern District of New York in the United States of America, alleging copyright infringement of several books published by Star Publications, Abhinav Publications, Daya Publication House and Pustak Mahal, amongst others..The Story So Far.In September 2005, the Authors Guild along with several publishers filed a class action and copyright infringement suit against Google arguing that its Library Project involved ‘massive copyright infringement’. Sanford Dumain of Milberg Weiss Bershad & Schulman LLP, along with Micheal J Boni of Kate Reznick Kohn Swift & Graf represented the Guild. Google hired well-known Silicon Valley firm, Wilson Sonsini Goodrich & Rosati to represent them..In the 385-page settlement, popularly known as the Google Book Settlement, arrived at in October 2008, the Authors Guild and American Publishers asked Google to pay $125 million (Rs. 578 crore), of which, $45.5 million (Rs. 210 crore) was paid to compensate the legal fees of the copyright holders and authors. The settlement was later revised in November 2009 which is popularly known as GBS 2.0..Bruce P. Keller and Jeffrey P. Cunard of Debevoise & Plimpton LLP joined the team of Plaintiffs’ lawyers in executing the settlement documentation. San Francisco-based Daralyn J. Durie and Joseph C. Gratz, of Durie Tangri LLP advised Google on the settlement. This settlement is awaiting approval as the fairness hearing is scheduled for February 18..The Library Project has spawned several suits across the world, and has run into several problems. Harvard University the Library Project partner has threatened to end its partnership if Google goes ahead with scanning copyrighted books without permission..In December 2009, a French Court, ruled that the Google Library Project violates copyright laws, and imposed a fine of €300,000 (Rs. 1.92 crore) in favor of the French publisher, La Martinière Groupe. China and Google which are fighting over privacy laws currently, has seen a fair share of copyright infringement law suits. Mian Mian, a popular Chinese counterculture writer, filed a suit against Google in October, after her book, ‘Acid House’, was digitized. Media reports suggest that Sun Jingwie, Mian’s counsel had sought damages of 61,000 Yuan (Rs. 4,11,000) and a public apology..Above the Law, a US based legal tabloid has published a debate between Professor Richard Epstein of the University of Chicago Law School, arguing against the settlement, and Jonathan Jacobson of Wilson Sonsini, defending the settlement..The India Dispute.The copyright society, along with several Indian publishers and authors, on Thursday moved a US court against GBS 2.0, alleging copyright violation for scanning several books in regional languages without notifying the authors..The IRRO and the Federation of Indian Publishers filed their charges at the District Court of New York. Siddharth Arya (pictured), is representing the Indian publishers pro-bono. Siddharth, the managing partner of the Delhi-based Survan, told Bar & Bench, “In the name of innovation, Google has diluted copyright laws that have taken nearly 150 years to come to where they are. Even iTunes innovated distribution of music, but did so by protecting the copyrights. Most people including one of the largest publishers in the country are of the perception that Google is scanning these books under the Google Partner Program, where the publisher gets a share of the revenue. But the scanning of these are under a separate plan and not connected to the Partner Program” he said. There are thousands of books in more than 30 languages” he said..The US Government is expected to file its objections on February 4 and the settlement is scheduled to be decided on February 18. If the settlement is approved, then Siddharth feels that other remedies are available in India..The details of the settlement are available here and excerpts from the debate between Professor Richard Epstein and Jonathan Jacobson are available here.
The IRRO, along with several Indian publishers and authors, on Thursday moved a US court against GBS 2.0, alleging copyright violation. Google’s Library Project has faced legal roadblocks around the world for the last 4 years..Google’s plan to digitize books through its ambitious ‘Library Project’, has hit a new roadblock with Indian publishers accusing the internet giant of copyright violations..The Indian Reprographic Rights Organization (IRRO), a copyright society incorporated in 2000 to license books and other publications’ reproduction rights has filed a suit against Google in the Court of the Southern District of New York in the United States of America, alleging copyright infringement of several books published by Star Publications, Abhinav Publications, Daya Publication House and Pustak Mahal, amongst others..The Story So Far.In September 2005, the Authors Guild along with several publishers filed a class action and copyright infringement suit against Google arguing that its Library Project involved ‘massive copyright infringement’. Sanford Dumain of Milberg Weiss Bershad & Schulman LLP, along with Micheal J Boni of Kate Reznick Kohn Swift & Graf represented the Guild. Google hired well-known Silicon Valley firm, Wilson Sonsini Goodrich & Rosati to represent them..In the 385-page settlement, popularly known as the Google Book Settlement, arrived at in October 2008, the Authors Guild and American Publishers asked Google to pay $125 million (Rs. 578 crore), of which, $45.5 million (Rs. 210 crore) was paid to compensate the legal fees of the copyright holders and authors. The settlement was later revised in November 2009 which is popularly known as GBS 2.0..Bruce P. Keller and Jeffrey P. Cunard of Debevoise & Plimpton LLP joined the team of Plaintiffs’ lawyers in executing the settlement documentation. San Francisco-based Daralyn J. Durie and Joseph C. Gratz, of Durie Tangri LLP advised Google on the settlement. This settlement is awaiting approval as the fairness hearing is scheduled for February 18..The Library Project has spawned several suits across the world, and has run into several problems. Harvard University the Library Project partner has threatened to end its partnership if Google goes ahead with scanning copyrighted books without permission..In December 2009, a French Court, ruled that the Google Library Project violates copyright laws, and imposed a fine of €300,000 (Rs. 1.92 crore) in favor of the French publisher, La Martinière Groupe. China and Google which are fighting over privacy laws currently, has seen a fair share of copyright infringement law suits. Mian Mian, a popular Chinese counterculture writer, filed a suit against Google in October, after her book, ‘Acid House’, was digitized. Media reports suggest that Sun Jingwie, Mian’s counsel had sought damages of 61,000 Yuan (Rs. 4,11,000) and a public apology..Above the Law, a US based legal tabloid has published a debate between Professor Richard Epstein of the University of Chicago Law School, arguing against the settlement, and Jonathan Jacobson of Wilson Sonsini, defending the settlement..The India Dispute.The copyright society, along with several Indian publishers and authors, on Thursday moved a US court against GBS 2.0, alleging copyright violation for scanning several books in regional languages without notifying the authors..The IRRO and the Federation of Indian Publishers filed their charges at the District Court of New York. Siddharth Arya (pictured), is representing the Indian publishers pro-bono. Siddharth, the managing partner of the Delhi-based Survan, told Bar & Bench, “In the name of innovation, Google has diluted copyright laws that have taken nearly 150 years to come to where they are. Even iTunes innovated distribution of music, but did so by protecting the copyrights. Most people including one of the largest publishers in the country are of the perception that Google is scanning these books under the Google Partner Program, where the publisher gets a share of the revenue. But the scanning of these are under a separate plan and not connected to the Partner Program” he said. There are thousands of books in more than 30 languages” he said..The US Government is expected to file its objections on February 4 and the settlement is scheduled to be decided on February 18. If the settlement is approved, then Siddharth feels that other remedies are available in India..The details of the settlement are available here and excerpts from the debate between Professor Richard Epstein and Jonathan Jacobson are available here.