In a hearing Thursday, Microsoft and Amazon.com, Google urged the judge to dismiss Chen Zhuoguang with the Authors Guild and Publishers Association on Digital Library Project Google reached an agreement.
At the hearing, including Microsoft and Amazon's lawyers, including a number of opponents to the District Judge Denny Chin stated objections, saying the settlement agreement will allow Google to the large number of "orphan works" enjoy an unfair monopoly , but also a violation of U.S. copyright laws.
Amazon lawyer David Nimmer said the settlement agreement "fundamentally changed the U.S. Copyright Law."
U.S. Department of Justice's antitrust division senior officials of the William F. Cavanaugh once again expressed the concern of the agreement, saying the coverage was too broad, and far beyond the competence of judicial relief, especially since the agreement in fact "tried to use the class-action lawsuit mechanism to prevent the forward-looking commercial arrangements. "
Mr. Cavanaugh said: "Millions of writer does not employ an agent to serve as class-action lawsuit literary agents, for such a wide range of digital books signed license agreement." He also said the Justice Department are worried that this agreement will make Google the future is considerable scope for protection from the question, he said, adding such provisions to adjust the interests of copyright owners, it should be by Congress to consider its effectiveness, not the courts. Mr. Cavanaugh also said that the Justice Department is on the agreement may be on the network search and other markets, the impact of an investigation.
Chen Zhuoguang did not make a ruling Thursday, saying he would prepare a written opinion in the future in order to be summarized his views. The sources pointed out that the judge may be issued in a few months after the written opinion, because the present case is very complicated, since the delay so far in 2005.
Even if the judge approved the agreement, the Justice Department may still be questioned for its legitimacy.
Google Daralyn J. Durie's lawyer argued Thursday that the agreement will enable copyright owners to obtain out of print books already avenues of distribution that does not exist, and thus revenue.
