Hachette tells US court: revised settlement worse than first

03.02.10 | Benedicte Page in The Bookseller

Both Hachette Livre and Hachette UK have filed objections to the revised Google Book Settlement, claiming that not only has it not resolved the problems in the original settlement, but that instead it has created even more.

In documents dated 27th January, addressed to the US district court and signed by Arnaud Nourry as Hachette Livre c.e.o and Hachette HUK director, the publisher said it maintained all its earlier objections made in September 2009, but now had additional ones engendered by the amendments
themselves.

Hachette UK objects to "unworkable and harmful pricing mechanisms" in the revised settlement, saying it removes any time limits on Google's rights to discount the list price for consumer purchases, and that Google can discount to any level that it decides, "even selling at a token price of one cent if it so decides".

The document stated: "This change could engender significant commercial injury to HUK's name and reputation and that of its authors."

HUK also objects to the fact that it hasn't received from Google an "exact identification" of the works it has digitised, saying: "Google has provided this information to a small and select group within the Amended Settlement Class, but not to HUK."

The document calls on Google to be obliged to provide the complete "List of Digitized Books" which it provided to plaintiffs only in November of last year to all members of the proposed settlement class and to any third parties with a vested interest. Google should be made to guarantee the accuracy of the list, HUK added.

Hachette Livre's objection also argues that there is inequitable discrimination in the revised Settlement both against Hachette and within its body of works, and that Hachette's ability to protect certain fundamental rights as guaranteed under the original proposed settlement have
now been removed.

Hachette Livre's submission also says it will cost Hachette much more than $60 - the minimum cash payment Google will make for every principle work falling under the settlement - to determine which of its works classify as books under the amended agreement.

"It derives therefrom that the amended settlement benefit proposed to Hachette is economically absurd," the document said.