The Authors Guild et al v. Google Inc.

Filing 533

OBJECTION OF JIRO MAKINO AND IWAO KIDOKORO TO THE PROPOSED SETTLEMENT AND TO CERTIFICATION OF THEPROPOSED SETTLEMENT CLASS AND SUB-CLASSES The Settlement Agreement contains serious defects in that it requires a decision which exceeds proper scope of jurisdiction for the case and in that it ignores the global nature of the Internet (its capacity that all of the users in the entire world can use it simultaneously). It disregards the fact that works will be distributed in the entire world, and regards the issue as a domestic issue within the U.S. Furthermore, the Settlement Agreement focuses its scope only on a legal decision as to permissibility of digitization of the subject works, and contains significant defects in that it ignores the underlying issue of existing mode of "digital data search system." It fails to acknowledge important issues of how to guarantee fairness and diversity of the search by giving priority to economy without making sufficient consideration in cultural diversity. As a result, it suffers from extreme bias of the search results. For the reasons explained above, we respectfully request that the Court to reject the Settlement Agreement or decline to certify the class with respect to Japanese or foreign authors. (jmi)