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McGill-Queen's University Press has been closely following the class-action lawsuit and settlement brought against Google regarding the unauthorized digitization of books held in libraries across the United States. We take seriously our responsibility to protect the copyright of books published by McGill-Queen's University Press, McGill University Press, and Carleton University Press.
On 22 March 2011, Judge Chin, who has been presiding over the Google Settlement, issued his decision rejecting the Amended Settlement Agreement.
Among the many significant aspects covered in the court's rejection filing was the judgment that the settlement was so unprecedented and far-reaching that any approval would go beyond the role of the US Department of Justice to interpret, not legislate, law. The rejection filing suggested that addressing Google's actions might be more suited to the US Congress, who would debate the existing copyright laws, amending them or enacting new versions. In the meantime, the court has encouraged all parties involved to resubmit a revised Amended Settlement Agreement.
Library Journal has published an article online that summarizes the issues and events leading to the this latest decision. You can read the court's rejection file here.
At this point, it is difficult to determine what action the parties will take -- whether the US Congress will respond with legislative debate or legal proceedings will take an entirely new route. The Google Status Conference, a forum for working out the next steps for the settlement, is scheduled for 1 June 2011.
Prior to the settlement, the Press had been pursuing the digitization of our books in order to reach the widest possible audience. However developments unfold, MQUP will continue with its digital publishing activities, which are fundamental to MQUP's mandate.
If you have questions regarding your work(s) and our actions with regard to the Google Settlement, please contact our rights manager, Adrian Galwin, at 514 398 2121.