International Law

U.S. Department of Justice Joining in Google Opposition

By Karl-Friedrich Lenz

The U.S. Department of Justice has filed a brief in the Google Book Search class action (overview of documents at Justia.com) in opposition to the settlement. The French and German governments have filed their own briefs in opposition earlier. They object that foreign authors and publishers have not been adequately informed or represented. And they note that letting Google get away with this landgrab, actually rewarding them for their illegal piracy program, would be incompatible with international treaties. Similar opposition comes from a Japanese Writer’s Association (P.E.N. Club) and the largest German Publishers Association.

Even the Free Software Foundation has complained. The settlement is incompatible with the Free Documentation License.

I don’t know if the court will approve of this settlement. However, it sure looks as if Google has stirred up some major opposition to their idea of copyright (”just do it”) in Europe.

While I am pleased to see these opposition briefs with the court, I think it is about time to go a couple of steps further. The German and French governments explain that Google is in violation of German and French copyright law. They are correct, of course. German copyright law has an Article 106, under which anyone violating copyright is threatened with a fine or prison of up to three years. Actually that would be five years under Article 108a, since Google is operating for profit.

I wonder how long it will take for someone to sue Google under German criminal law.

Full post as published by Lenz Blog on September 20, 2009 (boomark / email).