On Tuesday The Authors Guild and the Association of American Publishers filed a memorandum in support of their motion for an adjournment of the Fairness Hearing scheduled for October 7. You may remember that last Friday the U.S. Department of Justice stated its belief that the Google Book deal needed to be modified before the DoJ could give its blessing.

In the motion, the AG and AAP claim that more than 400 “objections, briefs of amici curiae, and statements, both in support of and in opposition to the Settlement Agreement, have been filed with the Court.” But the deal-breaker was the DoJ saying “uh uh”:

“It is because the parties wish to work with the DOJ to the fullest extent possible that they have engaged, and plan to continue to engage, in negotiations in an effort to address and resolve the concerns expressed in the U.S. Statement of Interest. The parties are committed to rapidly advancing the discussions with the DOJ. Nevertheless, it is clear that the complex issues raised in the U.S. Statement of Interest preclude submission of an amended settlement agreement by October 7. Because the parties, after consultation with the DOJ, have determined that the Settlement Agreement that was approved preliminarily in November 2008 will be amended, plaintiffs respectfully submit that the Fairness Hearing should not be held, as scheduled, on October 7. To continue on the current schedule would put the Court in a position of reviewing and having participants at the hearing speak to the original Settlement Agreement, which will not be the subject of a motion for final approval.”

The plaintiffs also asked that a status conference be scheduled for November 6.

Link via CNET News.

UPDATE, 9/25: Judge Denny Chin granted the motion to postpone the October 7 fairness hearing. The parties will meet on that date for a status conference instead.

Submitted by: Dan Giancaterino, Education Services Manager
on September 24, 2009 - 8:07 am

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