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Policy Fugue by Kenneth Corbin (bio)

Tracking the loveless marriage of technology and government



Google's revised Book Search agreement coming Friday

lawsuit_technology_keyboard.jpgFor parties concerned with the outcome of the Google Book Search saga, today was supposed to be a big day.

But alas, the high drama that was expected to accompany the release of a revised settlement agreement with authors and publishers will have to wait till the end of the week.

In a letter to the federal judge in New York presiding over the settlement, an attorney for the parties said the new settlement agreement would be delivered on Friday, not today, which had been set as the original (albeit soft) deadline.

Attorney Michael Boni said that the parties had convened multiple meetings with lawyers at the Department of Justice, including one last Friday, and took Judge Denny Chin up on his offer of delaying submission of the update agreement.

The DoJ review is a separate proceeding from Judge Chin's consideration of the agreement, though the close look the deal is getting from the feds made it clear that the version of the agreement Chin was set to consider at a fairness hearing last month would have to be revised substantially. In that light, he delayed the hearing to give the parties time to revise the agreement to a point where it might pass muster with federal antitrust authorities.

Following the submission of the revised agreement, Judge Chin is expected to allow a window for review and comment from interested parties (of which there are many) before convening the next fairness hearing.

The settlement has come under scathing criticism from a variety of groups, including non-profits, consumer advocates and Google rivals such as Microsoft, Amazon and Yahoo, who have argued that the proposed deal would give the search giant an unprecedented exemption to existing copyright laws.

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