Friday, January 29, 2010

Pam Samuelson to Google Judge: Wait for Supreme Court Ruling in 'Reed Elsevier v. Muchnick'

In a 23-page letter brief submitted to Judge Denny Chin on January 27, Pam Samuelson, the Richard M. Sherman Distinguished Professor of Law at the University of California in Berkeley, sets forth ten core objections to the Google Books settlement.

No. 3 is what Samuelson argues is the need to wait for the Supreme Court's ruling in Reed Elsevier v. Muchnick. Objecting to Google's "seemingly narrowed definition of 'inserts,' and more generally to the narrow definition of 'book,'" she adds: "If the Supreme Court rules that owners of copyrights in unregistered works are eligible to participate in copyright class action settlements, the court should direct the parties to renegotiate the agreement ..."

See these points at the bottom of page 14 of Samuelson's letter, and the background discussion at pages 9-11. The document can be viewed at

Your humble blogger retracts very catty thing I've ever said about the learned and esteemed and wise Professor Samuelson. And the next time a mob of angry wrestling fans forces me to duck inside the Cheeseboard in North Berkeley, the scones are on me.

(Thanks to Edward Hasbrouck for the pointer.)


Anonymous Edward Hasbrouck said...

Note that the letter is signed not just by Prof. Samuelson but by an extensive A-list of legal (and other) scholars.

1:54 PM  

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