Court Says Authors Guild Has Standing To Sue Over Google Books, Despite It Not Representing Authors' Views
from the unfortunate dept
However, the judge in the case has ruled, mostly on a procedural basis, that the Authors Guild does, in fact, have standing to sue. It argues that associations have long been allowed to sue on behalf of their members, and the fair use analysis questions aren't really a big deal. At worst, the court says it could split up the "classes" into different groups, so that those with specific issues could be judged separately. Of course, you could just as easily make the argument that this reasoning should have resulted in the opposite conclusion. If the court is going to lump different groups of authors into different camps, then shouldn't each of those groups create their own class action suits, rather than putting them all under the Authors Guild's umbrella? No one is arguing that there can't be a class action lawsuit if the relevant class is assembled. There's just a big question over whether or not the Authors Guild really represents the interests of the people included in the classes. And the judge doesn't really address that question, other than to say those who don't have a problem with Google Books can more or less opt-out of the class.
On one point, however, the judge's reasoning does make sense: why did Google wait so long to challenge the Authors Guild's standing. Elements of this case have been going on for many, many years. It does seem a little off to file this particular point so late.
I doubt many people are that surprised by the ruling, but it does mean that Google will have to continue the Google book scanning fight against the Authors Guild. In the long run, I still think any result only ends up harming the Authors Guild. They are showing themselves to be anti-innovation luddites who disregard the interests of the majority of their members, while grandstanding against any new technology that upends the old publisher-gatekeeper model. That may be useful for some big name authors they represent -- since it's all about keeping out competition from new authors, but it's no path to the future.