Excerpt from: Letter to the Honorable Denny Chin from CAUT 28 January 2010
Full article found at:
Office of the Clerk
U.S. District Court for the Southern District of New York
Daniel Patrick Moynihan Courthouse
500 Pearl Street
New York NY 10007
Attention: The Honorable Denny Chin
Dear Judge Chin:
Re: Objections of the Canadian Association of University Teachers to the Google Book
Search Settlement, Authors Guild v. Google, Inc., Case No. 1:05-CV-8136 (S.D.N.Y.)
The Canadian Association of University Teachers (“CAUT”) is the national voice for academic staff members of Canadian post-secondary educational institutions. Founded in 1951, CAUT today represents more than 65,000 teachers, librarians, researchers and other academic professionals and general staff. CAUT is an outspoken defender of academic freedom and works actively in the public interest to improve the quality and accessibility of post-secondary education in Canada. CAUT has always counted notable figures among its members. Former CAUT presidents and activists include past Supreme Court Chief Justice Bora Laskin, Members of Parliament Pauline Jewett and Howard McCurdy, and Manitoba Premier Howard Pawley.
CAUT writes to you today to register its objection to the Proposed Amended Settlement Agreement1 (the “PASA”) in the above-noted civil action. Our fundamental objections are, first, that the Authors Guild and the named author plaintiffs do not fairly and adequately represent the interests of CAUT members, and second, that the Author Sub-Class as defined by the PASA improperly includes Canadians as mandatory class members.
Amended Settlement Agreement, Authors Guild v. Google, Inc., Case No. 1:05-CV-8136 (S.D.N.Y.), online:
CAUT members are, above all, academics. CAUT counts among its members many tens of thousands of authors, authors who come from all provinces and territories of Canada. By definition, such Canadian authors are members of the class and bound by the PASA. The PASA – a private commercial documented negotiated between a commercial actor (Google) and American commercial writers’ and publishers’ representatives (the Authors Guild and the American Association of Publishers) – reflects the commercial interests of its negotiating parties. These interests are commercial – not academic – and American – not Canadian.