SETTLEMENT QUESTION OF THE WEEK: What Took So Long?
On May 5 we launched the FREELANCE RIGHTS blog for discussion of the landmark copyright class action involving illegal reuse on electronic databases of previously published newspaper and magazine articles. See "Launching FREELANCERIGHTS.blogspot.com."
Later that day we kicked off the discussion by examining the $10-to-$18-million total recovery, and the overall structure, of the preliminary settlement. See "Kicking Off the Discussion."
We now introduce a series of posts called "Settlement Question of the Week," and invite further comment and discussion.
In keeping with the mission of our motion to vacate the preliminary settlement in this case, we do not reach a conclusion on the question -- except to assert that much, much more information is required and that the class is entitled to that information.
Specifically, the consolidated class action was filed in 2001, but the court docket shows that the defendant publishers and databases never answered the complaint and the plaintiffs never sought injunctive relief from the court. In common parlance, the named plaintiffs and the industry have been "jawboning" for nearly four years. Meanwhile, infringements continued unabated, lining the pockets of the defendants and harming the interests of the plaintiffs even as the latters' settlement negotiating position was weakened.
Why?
Our website ishttp://freelancerights.muchnick.net.
We now introduce a series of posts called "Settlement Question of the Week," and invite further comment and discussion.
In keeping with the mission of our motion to vacate the preliminary settlement in this case, we do not reach a conclusion on the question -- except to assert that much, much more information is required and that the class is entitled to that information.
Specifically, the consolidated class action was filed in 2001, but the court docket shows that the defendant publishers and databases never answered the complaint and the plaintiffs never sought injunctive relief from the court. In common parlance, the named plaintiffs and the industry have been "jawboning" for nearly four years. Meanwhile, infringements continued unabated, lining the pockets of the defendants and harming the interests of the plaintiffs even as the latters' settlement negotiating position was weakened.
Why?
Our website is
posted by Irv Muchnick at 9:35 AM
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