Court to Hear Google\'s Challenge to Class-Action Lawsuit on Book Scanning

By JULIE BOSMAN

In May, the Authors Guild celebrated a decision in the long-running case over Google's book-scanning project when a federal judge granted its authors class-action status.

Now Google has notched a small victory of its own.

On Tuesday, an appeals court said the company could challenge the ruling of Judge Denny Chin that allowed the authors to sue as a group.

In a filing on Tuesday accepting the appeal, the United States Court of Appeals for the Second Circuit Court did not explain its decision.

James Grimmelmann, a professor at New York Law School who has closely followed the litigation over Google Book Search, said it was unlikely that the decision would delay the main case. “I'm thinking this is probably reflecting the high-profile nature of the litigation,” Mr. Grimmelmann said. “There's an interest in getting this one right.”

The Authors Guild did not immediately respond to a request for com ment. Google declined to comment.

Judge Chin has said that class action is “the superior method for resolving this litigation,” arguing that it is “more efficient and effective than requiring thousands of authors to sue individually.”

Groups representing authors and publishers originally sued Google in 2005, arguing that its ambitious book-scanning project was a violation of copyright. After years of litigation, the parties agreed on a $125 million settlement, but it was rejected by Judge Chin in 2011.