The Börsenverein des Deutschen Buchhandels has, together with Swiss, Austrian and Swedish publisher associations and publishers, just filed an objection to the Google Book Search Settlement.
The document is available underhttp://www.boersenverein.de/sixcms/media.php/976/Google_Objections.pdf . The objection is based on the following grounds, claiming that:
- "The Notice to foreign rightholders was inadequate": (i) the parties violated the Court's order by failing to translate the Settlement Agreement; (ii) the failure to translate the Settlement also violated foreign rightholders' rights under federal rules of procedure; (iii) foreign rightholders did not receive adequate Notice because the Notice documents contain fundamental translation errors and because individual Notice was not sent to all Class members;
- "the Settlement conflicts with US treaty obligations under the Berne Convention": (i) the US has a longstanding commitment to honoring its international obligations under Berne; (ii) the Settlement would conflict with fundamental Berne protections that the US promised to uphold; (iii) approval of the Settlement would be contrary to US public policy and would harm US interests;
- "the Settlement is not fair, reasonable or adequate";
- "the Plaintiffs, all of whom are domestic entities or authors, have not adequately represented the Class".
Also, recently, the German Ministry of Justice sent an amicus curiae letter to the Court, stating that the Settlement infringes US obligations under international treaties, like the Berne Convention and the WIPO Copyright Treaty (WCT). Further information can be found on: http://www.boersenverein.de/de/portal/index.html?meldung_id=337259.