Google working to assuage DOJ's concerns over book deal

Google and Authors Guild have until Friday to revise their book deal, which had come under scanner as it would give the Internet search giant a monopoly to digitize millions of out of print books.

Google and the plaintiffs were supposed to submit the revised book deal Monday for courts preliminary approval, but they instead submitted a letter seeking extension stating that they still needed more time to address concerns raised by the Department of Justice (DOJ).

"The parties have been working diligently on completing and filing the amended settlement agreement," Authors Guild attorney Michael Boni wrote. "The parties have been in discussions with the Department of Justice both prior to and since the October 7 status conference."

DOJ’s concerns
Earlier in September, the DOJ had urged the federal judge to reject the Google’s proposed book settlement with publishers and authors in its current form, citing concerns that agreement could violate antitrust, class action and copyright laws.

In a 32-page legal filing, the DOJ stated, “As presently drafted the proposed settlement does not meet the legal standards this court must apply.”

It further noted that the book scanning project gives publishers the power to limit price competition and Google the monopoly to distribute orphan books--works under copyrights where the copyright holders are unknown.

Thus the agreement in its current form pits the interest of known right holders against those of unknown right holders, stated the Justice Department.

The Internet search giant and the Authors Guild did not fight DOJ’s objections. Instead they had asked the court to delay the final and the fairness hearing.

The judge had acceded to their request and set Nov. 9 as the deadline for submitting the revised settlement.

Google on Negotiating table with DOJ
But Google has again managed to get the deadline further extended to Nov. 13. This delay comes after the Friday meeting with the Department of Justice, according to request filed with U.S. Federal court.

Though Google has not commented on the developments, the main focus this time will be to work out an acceptable compromise.

DOJ is seeking more protection for unknown right holders and elimination of the joint pricing deal between authors and publishers.

If the deal gets court’s approval, it would resolve class action lawsuit filed against Google in 2005 by the groups representing authors and publishers and allow Google to continue its book scanning project.