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| https://books.google.com |
The Authors Guild and several individual
authors sued Google for its “Google Books” tool. The Google Books tool was developed by
copying millions of books without authorization of the copyright owners and
displaying “snippets” of the books to persons searching the internet. The district judge certified a proposed class
of copyright owners pursuant to Rule 23.1 of the Federal Rules of Civil
Procedure. Google appealed. On this appeal, the Second Circuit vacated
and remanded for a consideration of Google’s defense of fair use. Google persuaded the Second Circuit that a
fair use analysis would inform and perhaps moot the Court’s consideration of
class certification issues including those relating to the commonality of
plaintiff’s injuries, the typicality of their claims, and the predominance of
common questions of law or fact.
To read Judges Leval, Cabranes, and Parker's decision, click here.
www.dunnington.com
Copyright law, fine art and navigating the courts. All practice, no theory.Copyright Litigation Handbook (Thomson Reuters Westlaw 2012-2013) by Raymond J. Dowd
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