Judge Denny Chin has denied the Internet Archive's request to be included in the Google Books Settlement as a party defendant, dismissing their pre-trial letter as a mere "motion to intervene."



Here's Judge Chin's terse letter:

"The court has received requests for pre-motion conferences by the Internet Archive, Lewis Hyde, Harry Lewis, and the Open Access Trust, Inc. (the "proposed interveners"), seeking leave to intervene in this action. I have construed their letters as motions to intervene, and their motions are denied. The proposed interveners are, however, free to file objections to the proposed settlement or amicus briefs, either of which must be filed by the May 5, 2009 objection deadline.

"SO ORDERED."

SDNY Judge Chin: Intervention Denied


"Stop intervening, interveners! LET ME THINK!"

Everybody wants to be guilty of Google's crime so they can be party to Google's insane settlement, but it looks like only Google will "suffer publishing's wrath." Imagine robbing a liquor store, getting caught, and the justice system deciding that your punishment is to go to Harvard. Wouldn't your friends all demand to be included as accessories?

Will the Internet Archive have time to draft a worthwhile amicus brief about the settlement before the May 5th deadline? If not, it looks like James Grimmelmann at the New York Law School is justice's only hope.

Posted by miracle on Sat, 25 Apr 2009 13:27:16 -0400 -- permanent link