In seemingly separate developments, the proposed Google Book Search settlement had two setbacks yesterday.
- Judge Denny Chin of Federal District Court in New York delayed the opt-out and opposition-brief filing deadline four months from May 5 until September 5, 2009 on the logic that authors and opposition groups needed more time to understand the proposed (~350 page, complex) settlement. This, in turn, delays the Final Fairness Hearing from June 11 to October 7, 2009. Simply put: now the proposed settlement cannot be approved before October.
- The Department of Justice has launched an anti-trust investigation into the proposed settlement, reported here in the New York Times, seemingly centered on the rights to orphan works issue, challenged in a recent University of Chicago Law School working paper, The Google Book Search Settlement: A New Orphan-Works Monopoly.