Tuesday, April 28, 2009

Google Deadlines Delayed & Enter Antitrust

The Google settlement deadlines have just been delayed by about four months for the opt out and for the final fairness hearing.

Here's part of the press release:

NEW YORK, April 28 /PRNewswire/ -- The federal court overseeing the Google Book Search Copyright Settlement today extended the Opt-Out Deadline in the case from May 5, 2009 to September 4, 2009 (the "Extended Opt-Out Deadline"). The Extended Opt-Out Deadline is the new date by which class members must decide whether to remain in the Settlement Class and receive the benefits of the Settlement, object to the Settlement, or opt out of the Settlement.

The change in the Opt-Out Deadline has caused the Final Fairness Hearing date to be rescheduled, from June 11, 2009 to October 7, 2009. This is the new date of the hearing for the court to consider whether to grant final approval of the settlement. All other deadlines and key dates in the case remain the same, including May 5, 2009 as the date on or before which a book must have been scanned in order to be entitled to a Cash Payment.


The antitrust folks at the the US Department of Justice ("DOJ") have entered the fray, announcing, today, to nobody's great surprise, that they have begun an inquiry into the antitrust implications of Google’s settlement. According to the NY Times, there was a turf war (yet again) between DOJ and the Federal Trade Commission as to who would handle this. The DOJ prevailed - to nobody's surprise.

In Canada, we rarely have such competitiveness in antitrust matters between agencies. It could arise between the Competition Bureau and the CRTC - but rarely if ever has - because neither is very interested in antitrust enforcement in the telecom or broadcasting industries. Nor has the Competition Bureau ever exercised its mandate to become involved in Copyright Board matters. The Competition Bureau in Canada has basically taken a pass in recent years on anything involving intellectual property.


No comments:

Post a Comment