GBS: Fairness Hearing Postponed


Judge Chin granted the motion to defer the fairness hearing. He’s scheduled the status conference for the time it opened up: October 7, at 10:00 AM.

The parties shall attend. The Court will not hear arguments from any objectors, supporters, or amici — including those who emailed requests to be heard — at this conference, though they are free to attend.


Judge Chin’s Order states that “according to the plaintiffs” i.e. the Publishers and the Authors Guild, the parties are discussing “significant changes” to the original GBS. This seems to rebut Eric Schmidt’s spin that the changes being discussed will be minor. Judge Chin’s Order also gives credit to the hundreds of objections,letters and amicus filings for raising “significant issues.” His order also confirms the original GBS has been withdrawn. One trusts that at the Oct.7th hearing, “everyting will be illuminated” P.S. Boni & Zack still have their scheduling conflict on Oct.7th for this case and the Literary Rights/ Reed Elsevier case set for argument at the same time at the U.S.Supreme Court. Maybe the Court decided to keep the Oct.7th date in consideration of the scheduled NYLS Conference set for the following days?


Amen, brother. Someone needs to stick a muzzle on Eric Schmidt and send him on a long vacation. I can’t believe the crap that comes out of his mouth. Minor changes, Eric?! Oh, really???!!! I think the DOJ, Judge, Objectors, Opposers, Interveners, and little ole Opt Outs/class members like me beg to differ.

Significant changes to the SA are the order of the day, and the Judge does not want to delay. Sure, it is only a Status Conference on Oct. 7th, and we all know (well, for the uninitiated, the parties will propose a timeline for the work ahead)what that means, but I applaud Judge Chin for moving this beast along in a timely fashion. I mean heck, he has October 7th free, so why not schedule the Status Conference then instead of waiting until November (which is what the parties suggested)?

Anyone who can attend the Status Conference SHOULD as a show of support for the Judge, and a general crack of the whip. I get the feeling Judge Chin doesn’t suffer no fools, and he will “head ‘em out, move ‘em up, RAWHIDE!”

I’ll tell you the real winners in this case are defense counsel — they are billing machines, and getting paid regardless. It will be a nice Christmas at 710 Sansome Street.