Category Archives: Section L7

SL 07

3 responses to “SL 07”

  1. Gillian Spraggs says:

    By “final injunctive relief “, as I take it, is meant here the scheme for continuing to digitise books and commercially exploit the scans by posting advertisements against them and by other means, and the entire machinery of the Book Rights Registry, with required registration for payment. Is there any precedent in US law for an injunctive relief of this nature and scope?

  2. This is boilerplate langauge from Rule 23., the U.S. federal rule of procedure for class actions. It’s recited here as a justification for why the court should certify a class action; it doesn’t actually specifically refer to the settlement. The kind of “injucntive relief” this provision is contemplating would be, for example, an order telling Google not to scan any books, or any provisions of the settlement that would be binding on Google for the benefits of the plaintiff class members. This section isn’t being used to justify the settlement itself.

  3. Gillian Spraggs says:

    Thanks for clearing that up.

The Court finds that (a) the Author Sub-Class is so numerous that joinder of all members is impracticable; (b) there are questions of law and fact common to the Author Sub- Class; (c) claims of the Author Sub-Class Representative Plaintiffs are typical of the claims of all members of the Author Sub-Class; (d) the Author Sub-Class Representative Plaintiffs and Author Sub-Class Counsel have fairly and adequately protected and will fairly and adequately protect the interests of the Author Sub-Class; (e) Google has acted on grounds generally applicable to the Author Sub-Class, making final injunctive relief appropriate respecting the Author Sub-Class as a whole; (f) common questions of law and fact predominate over questions affecting only individual members of the Author Sub-Class; and (g) a class action (with subclasses) is superior to other available methods for the fair and efficient adjudication of this controversy.

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