The US DOJ has stated that the revised agreement to settle copyright lawsuits against Google for the use of author's books may still violate copyright and antitrust laws. Particularly, the class action procedure for future copyright claims against Google reaches beyond the claims that are currently at issue. This provision is too broad. It is trying to grant rights that are not consistent with the "core principle" of the Copyright Act. The DOJ stated that, granting such broad rights could create anticompetitive advantages for Google.
However, the Department of Justice stated that "[it] continues to believe that a properly structured settlement agreement in this case offers the potential for important societal benefits." The department stated that "it is committed to continuing to work with the parties and other stakeholders to help develop solutions through which copyright holders could allow for digital use of their works by Google and others, whether through legislative or market-based activities."
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Questions contact Jeffery Jacobson