Dept. of Justice files “Statement of Interest” re proposed $125m Google Books Search settlement

The United States of America, by and through counsel, submits this statement of its views concerning the proposed class action settlement (the “Proposed Settlement” or “Agreement”) between the American Association of Publishers, et al. (the “Class Plaintiffs”) and Google Inc. (“Google”).

The United States has been informed by the parties that they are continuing to consider possible modifications of the Proposed Settlement to address the many concerns raised by various commenters and by the United States in its discussions with the parties. The Proposed Settlement is one of the most far-reaching class action settlements of which the United States is aware; it should not be a surprise that the parties did not anticipate all of the difficult legal issues such an ambitious undertaking might raise. Further, the parties have represented to the United States that they put this Court on notice of their ongoing discussions and that they may present a modified version of the Proposed Settlement in the future. The United States is committed to working with the parties constructively with respect to alterations the parties may propose. …

Read the Dept. of Justice's entire "Statement of Interest" (PDF, 32 pages), September 18, 2009.

For a plain-English interpretation of the statement, read the article “Government Urges Changes to Google Books Deal,” The New York Times, September 18, 2009.

[via New York Law School Associate Professor James Grimmelmann of The Laboratorium and The Public Index]