The 2nd U.S. Circuit Court of Appeals said that a previous ruling allowing the case against the search giant to be considered a class-action was premature. (Credit: Jonathan Skillings/CNET) A U.S. Circuit Court of Appeals has decided that the lawsuit against Google's scanning of digital books shouldn't be classified as a class-action just yet. The 2nd U.S. Circuit Court of Appeals said in New York on Monday that Circuit Judge Denny Chin should not have certified a class-action suit against Google, Reuters is reporting. By classifying the case as a class action, the judge effectively allowed hundreds of thousands of authors to possibly net some cash in the ongoing lawsuit against the search giant. Google and the Authors Guild have been embroiled in a lawsuit for nearly a decade. The Authors Guild in 2005 filed suit against Google, saying that its efforts at scanning books for access online through its Books service was copyright infringement. The Authors Guild, which represents the interests of authors, wants $750 per title. Earlier this year, the Guild said that it would take $3 billion in damages. Related stories Documentary throws the book at Google scanning project Google reaches agreement with French authors Authors guild says 'one big step closer to justice' Judge says authors can sue Google Five things you may not know about Google Play Google has been arguing for months that the case shouldn't be a class-action suit. To make its case, Google pointed to a poll that found 45 percent of authors had already seen or expect to see higher demand for their books as a result of Google Books. Over half of authors actually approve of the scanning. Google has also said that its actions are fair use. Despite the court's ruling today, it doesn't mean that the class-action lawsuit will be thrown out. The court sent the case back to the lower court to fully hear Google's arguments. At that point, the class-action status could be reinstated or thrown out entirely. CNET has contacted Google for comment. We will update this story when we have more information.
The 2nd U.S. Circuit Court of Appeals said that a previous ruling allowing the case against the search giant to be considered a class-action was premature.
A U.S. Circuit Court of Appeals has decided that the lawsuit against Google's scanning of digital books shouldn't be classified as a class-action just yet.
The 2nd U.S. Circuit Court of Appeals said in New York on Monday that Circuit Judge Denny Chin should not have certified a class-action suit against Google, Reuters is reporting. By classifying the case as a class action, the judge effectively allowed hundreds of thousands of authors to possibly net some cash in the ongoing lawsuit against the search giant.
Google and the Authors Guild have been embroiled in a lawsuit for nearly a decade. The Authors Guild in 2005 filed suit against Google, saying that its efforts at scanning books for access online through its Books service was copyright infringement. The Authors Guild, which represents the interests of authors, wants $750 per title. Earlier this year, the Guild said that it would take $3 billion in damages.
Related stories
- Documentary throws the book at Google scanning project
- Google reaches agreement with French authors
- Authors guild says 'one big step closer to justice'
- Judge says authors can sue Google
- Five things you may not know about Google Play
Google has been arguing for months that the case shouldn't be a class-action suit. To make its case, Google pointed to a poll that found 45 percent of authors had already seen or expect to see higher demand for their books as a result of Google Books. Over half of authors actually approve of the scanning. Google has also said that its actions are fair use.
Despite the court's ruling today, it doesn't mean that the class-action lawsuit will be thrown out. The court sent the case back to the lower court to fully hear Google's arguments. At that point, the class-action status could be reinstated or thrown out entirely.
CNET has contacted Google for comment. We will update this story when we have more information.
