Judge Rejects Internet Archive Motion to Intervene in Google Settlement

By Andrew Albanese -- Publishers Weekly, 4/24/2009 12:58:00 PM

A federal judge overseeing the approval process for the Google Book Search settlement has rejected an attempt by the Internet Archive (IA) to intervene in the action. In a short ruling released today, Judge Dennis Chin wrote that he construed the IA’s letter to the court, filed last week, as “a motion to intervene,” and denied it. “The proposed interveners are, however, free to file objections to the proposed settlement.” Objections and comments must be filed by May 5.

The IA had asked the court to alter the proposed settlement to give other companies that have scanned printed books the same protections regarding orphan works that would be granted to Google under the terms of the settlement. The IA had said it does not want to file an amicus brief, also known as a friend of the court brief, as other parties said they intend to do, and it believes “there are no existing parties in the case that could adequately represent the Archive’s interests, or the interest of other Internet content providers.”

Now that the court has denied the IA's intervention request, it is looking at a number of different alternatives, including filing an amicus brief. The IA wants to remove orphan works from the settlement and limited the settlement to rightsholders who have filed a claim.