* Google says digital library helps authors, public
* Widespread copyright violations alleged in 7-year-old case
* Authors, photographers, graphic artists may sue in groups
By Jonathan Stempel
July 27 Google Inc retook the offensive
against thousands of authors claiming it copied their works
without permission, and urged the dismissal of a class-action
lawsuit arising from its ambitious plan to build the world's
largest digital book library.
Friday's request by the world's largest search engine
company followed a federal judge's March 2011 rejection of a
sweeping $125 million settlement of the now seven-year-old case.
Talks to revive an accord later broke down.
Google has scanned more than 15 million books since agreeing
in 2004 with big research libraries, including the University of
California and University of Michigan, to digitize current and
out-of-print works for its Google Books website.
While the company planned to provide only snippets online to
comply with copyright laws governing fair use, The Authors Guild
and groups representing photographers and graphic artists
complained that it amounted to "massive copyright infringement."
In a filing with the U.S. district court in Manhattan,
Google said authors have shown no economic harm from its
scanning and display of their works, and the creation of a
searchable index to find them.
The company also said authors actually benefit because the
database helps people find and buy their books, and that there
is a "significant public benefit" from providing access to
information that might otherwise not be found.
"Google Books creates enormous transformative benefits
without reducing the value of the authors' work," it said. "(It)
therefore passes with ease the ultimate test of fair use."
Lawyers for The Authors Guild did not immediately respond to
requests for comment. Novelist-lawyer Scott Turow, president of
that group, did not immediately respond to an emailed request
for comment. Responses to Google's filing are due on Aug. 24.
In rejecting the $125 million accord, Judge Denny Chin had
said it went too far because it gave Google a "de facto
monopoly" to copy books en masse without permission and served
to "further entrench" its market power in online searches.
The United States, Amazon.com Inc and Microsoft
Corp had been among those to raise antitrust concerns
about the settlement.
Chin began overseeing the Google case as a trial judge and
kept jurisdiction after he was elevated in 2010 to the federal
appeals court in New York.
He granted class-action status to authors in May, and said
groups representing photographers and graphic artists may also
The case is The Authors Guild et al v. Google Inc, U.S.
District Court, Southern District of New York, No. 05-08136.