Category Archives: Article 12

S 12

3 responses to “S 12”

  1. Gillian Spraggs says:

    ‘publishing the Summary Notice (translated from English whenever appropriate) in the publications listed on the Paid Media Schedule attached hereto as Attachment K’

    If the intention really was to ensure that UK authors were properly notified, the selection of UK papers and magazines listed in Attachment K is distinctly odd: no Guardian (which has a big book review supplement on Saturdays), no Times Literary Supplement or London Review of Books.

  2. Interesting. Court-required publication of notices has always been odd; I’ve never fully understood the theory by which publishing a notice of a name change in a single newspaper chosen by the court is a significant improvement over no notices at at all. While the papers and magazines in the U.K. in attachment K are important ones, they’re not the ones that matter most to the publishing and literary community.

  3. Gillian Spraggs says:

    To an English person, the choice of papers is actually rather funny. The News of the World might be politely called a scandal-sheet (its traditional nickname may be too crude for a respectable legal website); The Daily Telegraph (aka Daily Torygraph) has been known for decades as ‘the house organ of the Conservative Party’; while the Daily Mail and its companion paper the Mail on Sunday are tabloids aimed at the right-wing lower-middle-class. If I were a dedicated conspiracy theorist, I’d speculate that there has been a real attempt to avoid alerting the left wing.

ARTICLE 12 – CLASS NOTICE PROGRAM

In connection with the motion filed pursuant to Article XI (Preliminary Settlement Approval), Class Counsel will submit to the Court a proposed Notice of Class Action Settlement (“Notice”) and a Summary Notice of Class Action Settlement (“Summary Notice”) substantially in the forms attached hereto, respectively, as Attachment I (Notice of Class Action Settlement) and Attachment J (Summary Notice of Class Action Settlement). Class Counsel will recommend to the Court that the Class Notice Program provide notice to the widest practicable group of Settlement Class members inside and outside the United States, and that the Class Notice Program will consist of the following: (a) Direct Notice – sending the Notice (translated from English whenever appropriate) by email or first class mail, postage prepaid, to those Settlement Class Class members that can be identified by any reasonable means, with notice by email used whenever possible, and postal notice limited to those Settlement Class members whose email addresses are unavailable; (b) Paid Media – publishing the Summary Notice (translated from English whenever appropriate) in the publications listed on the Paid Media Schedule attached hereto as Attachment K (Paid Media Schedule), or reasonable substitutes, if necessary (e.g., if certain publications decline to publish the Summary Notice), that will provide the same level of coverage to the intended audience, as well asusing online advertising directing users to the Settlement Website; (c) Earned Media – utilizing press coverage, including the issuance by Google and the Plaintiffs of joint press releases and convening of a joint press conference, which will, among other things, provide the press with the address of the website dedicated to the Settlement as referenced below and contact information for Settlement Class members to learn about the Settlement and how to obtain the Notice; (d) Additional Outreach – providing notice materials to websites and organizations whose constituencies may include Settlement Class members and encouraging them to direct interested parties to the Settlement Administrator or the Settlement Website; and (e) Settlement Website – maintenance of a website dedicated to the Settlement and through which the Notice, this Settlement Agreement, and other relevant information (translated from English whenever appropriate) will be made available (the “Settlement Website”). In connection with clause (d), from the Settlement Agreement Date to the Opt-Out Deadline, Google prominently will display a statement on the Google Book Search home page (http://books.google.com) informing users that an agreement has been reached with authors and publishers and linking to a user information page. At the top of such user information page immediately beneath its title, Google will display a statement directing authors, publishers and copyright holders to visit the Settlement Website and linking to the Settlement Website. All Administrative Costs, including the costs of the Class Notice Program, shall be paid solely out of the Settlement Fund.

Also posted in Settlement | Comments closed

S 12.1

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Original Notice. In connection with the motion filed pursuant to Article XI (Preliminaryon October 28, 2008 for preliminary approval of the Settlement Approval)Agreement, Class Counsel will submitsubmitted to the Court a proposed Notice of Class Action Settlement (“Notice”) and a Summary Notice of Class Action Settlement (“Summary Notice”) substantially in the forms attached hereto, respectively, as Attachment I (Notice of Class Action Settlement) and Attachment J (Summary Notice of Class Action Settlement). Class Counsel will recommendrecommended to the Court that the Class Notice Program provide notice to the widest practicable group of Settlement Classoriginal settlement class members inside and outside the United States, and that the Class Notice Program willwould consist of the following: (a) Direct Notice – sending the Notice (translated from English whenever appropriate) by email or first class mail, postage prepaid, to those Settlement Classoriginal settlement class members that cancould be identified by any reasonable means, with notice by email used whenever possible, and postal notice limited to those Settlement Classoriginal settlement class members whose email addresses arewere unavailable; (b) Paid Media – publishing the Summary Notice (translated from English whenever appropriate) in the publications listed on the Paid Media Schedule attached hereto as Attachment K (Paid Media Schedule), or reasonable substitutes, if necessary (e.g., if certain publications declinedeclined to publish the Summary Notice), that willwould provide the same level of coverage to the intended audience, as well as using online advertising directing users to the Settlement Website; (c) Earned Media – utilizing press coverage, including the issuance by Google and the Plaintiffs of joint press releases and convening of a joint press conference, which willwould, among other things, provide the press with the address of the website dedicated to the Settlement as referenced below and contact information for Settlement Classoriginal settlement class members to learn about the Settlement and how to obtain the Notice; (d) Additional Outreach – providing notice materials to websites and organizations whose constituencies may include Settlement Classhave included original settlement class members and encouraging them to direct interested parties to the Settlement Administrator or the Settlement Website; and (e) Settlement Website – maintenance of a website dedicated to the Settlement and through which the Notice, thisthe original Settlement Agreement, and other relevant information (translated from English whenever appropriate) willwould be made available, located at http://www.googlebooksettlement.com (the “Settlement Website”). In connection with clause (d), from the Settlement Agreement Date to the Opt-Out Deadline, GoogleGoogle agreed to prominently will display a statement on the Google Book Search home page (http://books.google.com/) informing users that an agreement hashad been reached with authors and publishers and linking to a user information page. At the top of such user information page immediately beneath its title, Google willagreed to display a statement directing authors, publishers and copyright holders to visit the Settlement Website and linking to the Settlement Website. All Administrative Costs, including the costs of the Class Notice Program, shall be paid solely out of the Settlement Fund. By Order dated November 14, 2008, the Court approved the form and aforementioned manner of dissemination of the Notice and Summary Notice, and Plaintiffs implemented the Class Notice Program as ordered.

Also posted in Section 12.1, Settlement | Comments closed

S 12.2

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Supplemental Notice. Class Counsel will submit to the Court a proposed Supplemental Notice of Class Action Settlement (“Supplemental Notice”) substantially in the form attached hereto as Attachment N Supplemental Notice). Class Counsel will recommend to the Court that the Supplemental Notice (translated into the same languages into which the original Notice was translated) be (a) emailed or sent by postal mail to all Persons who provided contact information on the Settlement Website or on a Claim Form, who opted out of the original Settlement Agreement, or who filed an objection, amicus position or other statement with the Court, (b) emailed or sent by postal mail to all authors’ and publishers’ groups and Reproduction Rights Organizations that assisted Plaintiffs in the dissemination of the original Notice, (c) placed on the Settlement Website, and (d) announced in and outside the United States, Canada, the United Kingdom and Australia with a press release issued by the Supplemental Notice provider. In addition, the Settlement Administrator will continue its informational toll-free telephone service. All Administrative Costs, including the costs of the Class Notice Program, shall be paid solely out of the Settlement Fund.

Also posted in Section 12.2, Settlement, Uncategorized | Comments closed