Judge Tells Google to Revise Its Book Pact by Nov. 9

From today’s NYTimes.

On Wednesday morning, Judge Denny Chin set Nov. 9 as the date by which Google and its partners must submit a revised settlement for the court’s preliminary approval.

The original agreement was negotiated between Google and representatives of the Authors Guild and the Association of American Publishers, who had sued the company, claiming copyright infringement, after Google began scanning books from university libraries. After the settlement was announced last October, it faced hundreds of objections from authors, academics, librarians, public interest groups and would-be rivals. Last month, the Justice Department recommended that the court reject the settlement as it stood.

The Justice Department, which submitted a 32-page filing to the court on Sept. 18, said it was concerned the agreement could violate antitrust law by giving Google “de facto exclusive rights for the digital distribution of orphan works.” Orphan works are books whose authors are unknown or cannot be found. The Justice Department also said it wanted the settlement to comply with procedures for class-action lawsuits.