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Concerns Over Class Action, Copyright, Antitrust Law
The DoJ was also praised by the consumer watchdog known as Consumer
Watchdog, a notorious thorn in Google’s side. But the watchdog argues
that even if the DoJ’s concerns are alleviated, the court should reject
the settlement. "Solving the antitrust problem is only [part] of the
problem,” said Consumer Watchdog’s John Simpson.
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The Department of Justice said the Google Book Search settlement would violate class action, copyright and antitrust law and said it should not be approved without changes. Consumer advocates were joyous about the DOJ’s finding: "This is a victory for consumers and the broad public
interest," said John M. Simpson, consumer advocate with Consumer
Watchdog. "Consumer Watchdog supports digitization and digital
libraries in a robust competitive market open to all organizations,
both for-profit and non-profit, that offer fundamental privacy
guarantees to users. But a single entity cannot be allowed to build a
digital library based on a monopolistic advantage when its answer to
serious questions from responsible critics boils down to: ‘Trust us.
Our motto is "Don’t be evil."’"
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The
Open Book Alliance, a group formed by interests who oppose the current
settlement plan, said it was pleased with DOJ’s action. Making books
searchable, readable and downloadable can unlock huge amounts of
cultural knowledge but the arrangement as drafted is the wrong way to
go about making that promise a reality, the group said. One of Google’s
chief critics, a nonprofit called Consumer Watchdog, said even if DOJ’s
concerns are addressed, the settlement should not be implemented.
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John Simpson of Consumer Watchdog said he was pleased with the filing. "As the Justice brief makes clear, the proposed class-action
settlement is monumentally overbroad and invites the court to overstep
its legal jurisdiction, to the detriment of consumers and the public,"
Simpson said in an email.
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The U.S. Department of Justice has come out against the proposed
agreement to settle copyright lawsuits that authors and major
publishers filed against Google over the search company’s book search
program. Consumer Watchdog, a
consumer protection organization that earlier this year urged the DOJ
to get involved, filed a 30-page document opposing the agreement,
saying it will "strip rights from millions of absent class members,
worldwide, in violation of national and international copyright law,
for the sole benefit of Google. There should be a competitive book-search market, while the U.S.
Congress must solve the orphan works problem. The parties simply cannot justify this ‘solution’ which does not
adequately protect the Rightsholders and unfairly benefits a single
party," reads the Consumer Watchdog statement.
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The U.S. Department of Justice late Friday urged the court overseeing Google’s book search settlement with authors and publishers to reject the settlement in its current form, although it strongly hinted that the parties are flexible on certain provisions.
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Consumer advocate group Consumer Watchdog asked the DOJ to enforce this offer. Privacy advocates oppose the deal because they believe Google will collect too much info on users without proper precautions to protect readers’ privacy.
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Internet-search giant Google is making conciliatory gestures in an effort to blunt mounting opposition to a copyright deal that is the foundation of its plan to build the biggest online library, Google Books. Urging the court to reject the Google Books deal, Consumer Watchdog, a
consumer group, said last week the proposed settlement conflicts with
international copyright treaties such as the Berne Convention for the
Protection of Literary and Artistic Works. It "would strip rights from
millions of absent-class members worldwide, for the sole benefit of
Google," referring to authors and publishers who did not or could not
opt out of the deal between Google and the Guild for the Google Book
Search.
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Concerns center on possible monopoly, invasion of privacy
John M. Simpson of Consumer Watchdog,
a California-based non-profit, said a key problem is the unfair
competitive advantage Google receives under the settlement that comes
from its attempt to pull an end-run around the appropriate legislative solution
to the orphan books problem. “This is not an issue for a court and
certainly one that cannot be settled by solving the problem for one
large corporation and no one else,” he said in testimony before the
House Judiciary Committee last week.
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By failing to pass orphan works legislation in previous sessions, Congress practically guaranteed a messy settlement would result from Google’s scanning and display of millions of out-of-print works found only in libraries, several lawmakers said at a House Judiciary Committee hearing Thursday. Consumer Watchdog’s John M. Simpson, perhaps Google’s most vocal
nonprofit critic in Washington, said the settlement "simply furthers
the relatively narrow agenda" of Google, the Authors Guild and
Association of American Publishers. Congress should pass orphan-works
or fair-use legislation, so Google won’t get an "unprecedented
monopolistic advantage" over some books.
