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A Guide For the Perplexed Part IV: The Rejection of the Google Books Settlement

On March 22, 2011, Judge Denny Chin rejected the proposed settlement in copyright infringement litigation over the Google Library Project. Judge Chin found that the settlement was not "fair, reasonable, and adequate" as required by the Federal Rules of Civil Procedure. Judge Chin issued the decision over a year after the fairness hearing he conducted. His opinion agrees in large measure with the objections to the settlement asserted by the U.S. Department of Justice at the hearing and in its written submissions. This paper discusses the opinion and where it leaves Google Books Search.

pdf guide-for-perplexed-part4-apr11.pdf

 
 

How Fair Use Prevailed in the Harry Potter Case

In a highly publicized decision issued on September 8, 2008, US District Court Judge Robert Patterson ruled that Steven Vander Ark's Harry Potter Lexicon infringed J.K. Rowling's copyright. Although J. K. Rowling prevailed in the litigation, the big winner actually was fair use.

pdf band-harry-potter-29sept08.pdf

 
 

In the Matter of Petition for Expedited Rulemaking to Establish Technical Requirements and Standards Pursuant to Section 107(b) of the Communications Assistance for Law Enforcement Act: Joint Comments

Joint Comments Submitted on Behalf of American Library Association, Association of Research Libraries, Center for Democracy & Technology, Champaign-Urbana Community Wireless Network, Electronic Frontier Foundation, Media Access Project, The Rutherford Institute, and the Voice On The Net (Von) Coalition.

pdf joint_comments_calea_25july07.pdf

 
 

Costco v. Omega: Amicus brief in support of Costco

Brief Amici Curiae of the American Library Association, the Association of College and Research Libraries, and the Association of Research Libraries in Support of Petitioner.

pdf amicus-lca-costco08jul10.pdf

 
 

The Impact of the Supreme Court's Decision in Costco v. Omega on Libraries

On December 13, 2010, the U.S. Supreme Court decided Costco v. Omega in a manner that eliminated none of the uncertainty caused by the lower court's ruling in that case. The U.S. Court of Appeals for the Ninth Circuit had ruled that the copyright law's "first sale doctrine" did not apply to copies manufactured abroad. This ruling cast doubt on a library's ability to circulate books and other materials manufactured outside of the United States.

pdf lca-costco-31jan11.pdf

 
 
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