Last week, Google and the visual artists agreed to a fifth extension of time for Google to file its reply in the ASMP lawsuit. On Wednesday, Judge Chin, “sitting by designation,” signed the order. Presumably, that means he is still sitting on the settlement and still plans to issue a decision on it at some future date. Presumably, it also means that the parties in the ASMP lawsuit are all waiting for Chin’s ruling on the settlement before they move the ASMP case forward. None of this is news, but sometimes no news is news.
The new deadline is Oct.23d, so perhaps Judge Chin is planning an “October Surprise” for us patient GBSers.
J Garchik,SF Atty
What does it mean that the ASMP and the Authors Guild suits are “related”? In “related” cases is there a tradition in which case is first decided upon? Is there a tradition of how many extensions a related case may expect to be granted? (i.e. Is Google trying the patience of Judge Chin?) Related: GBS: Photographers to Sue! and GBS: ASMP Case Is Related
Douglas Fevens, Halifax, Nova Scotia— The University of Wisconsin, Google, & Me
This is a technical legal question under the Federal Rules of Civil Procedure and the Local S.Dist NY Rules, but generally the definition of “related” is that the cases arise out of the same “transaction or occurrence” and “involve common issues of law and fact.” Since the book and photo image cases both involve Google’s unauthorized book scanning of often the same printed codex volume of text and images, the two cases clearly meet that definition.
J Garchik, SF Attorney
There is a new deadline of December 9, 2010.