books, without permission of the copyright owners. Indeed, the
ASA would give Google a significant advantage over competitors,
rewarding it for engaging in wholesale copying of copyrighted
works without permission, while releasing claims well beyond
those presented in the case.
Accordingly, and for the reasons more fully discussed
below, the motion for final approval of the ASA is denied. The
accompanying motion for attorneys' fees and costs is denied,
without prejudice.
BACKGROUND
A. The Facts and Prior Proceedings
In 2004, Google announced that it had entered into
agreements with several major research libraries to digitally
copy books and other writings in their collections. Since then,
Google has scanned more than 12 million books. It has delivered
digital copies to the participating libraries, created an
electronic database of books, and made text available for online
searching. See generally Emily Anne Proskine, Google's
Technicolor Dreamcoat: A Copyright Analysis of the Google Book
Search Library Project, 21 Berkeley Tech. L.J. 213, 220-21 (2006)
(describing project). Google users can search its "digital
-2-
books, without permission of the copyright owners. Indeed, the
ASA would give Google a significant advantage over competitors,
rewarding it for engaging in wholesale copying of copyrighted
works without permission, while releasing claims well beyond
those presented in the case.
Accordingly, and for the reasons more fully discussed
below, the motion for final approval of the ASA is denied. The
accompanying motion for attorneys' fees and costs is denied,
without prejudice.
BACKGROUND
A. The Facts and Prior Proceedings
In 2004, Google announced that it had entered into
agreements with several major research libraries to digitally
copy books and other writings in their collections. Since then,
Google has scanned more than 12 million books. It has delivered
digital copies to the participating libraries, created an
electronic database of books, and made text available for online
searching. See generally Emily Anne Proskine, Google's
Technicolor Dreamcoat: A Copyright Analysis of the Google Book
Search Library Project, 21 Berkeley Tech. L.J. 213, 220-21 (2006)
(describing project). Google users can search its "digital
-2-
