Internet search giant Google Inc (NASDAQ:GOOG)’s appeal of a federal judge’s decision to grant authors class certification has come a cropper with the judge concerned refusing to defer a related seven-year old case pertaining to its plans to create the world’s largest digital library.
Google appealed the class-certification ruling – passé in May - and asked to delay all proceedings until the 2nd U.S. Circuit Court of Appeals rules.
U.S. Circuit Judge Denny Chin however said that such a delay was not warranted since it would hold up the case for some more years.
"The merits would have to be reached at some point in any event, and there simply is no good reason to delay matters further," the judge wrote.
He found Google’s argument surprising that it would be unfair to decide the merits of the case while the authors were deciding whether to opt out of the class, especially "in light of Google's fervent opposition to class certification."
Chin scheduled an oral argument in October on requests by lawyers that he decide issues without a jury.
Google has already scanned more than 20 million books for the project. The Authors Guild had requested class certification, saying it was impractical and expensive for each author to sue Google over similar claims.
The Authors Guild wanted $750 in damages for each copyrighted book Google copied. It has argued that Google was not making "fair use" of copyright material by offering snippets of works in its online library.