The Authors Guild v. Google, Inc.

Filing 67

OPPOSITION TO MOTION to file amicus curiae brief [43], on behalf of Appellee Jim Bouton, Joseph Goulden, Betty Miles and The Authors Guild, FILED. Service date 11/21/2012 by CM/ECF. [776078][67] [12-3200] [Entered: 11/21/2012 03:53 PM]

IN THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
____________________________________
:
:
:
:
:
:
Plaintiffs-Appellees,
:
:
v.
:
:
Google Inc.,
:
:
Defendant-Appellant.
:
_____________________________________ :
The Authors Guild, Inc., Associational
Plaintiff, Betty Miles, Joseph Goulden, and
Jim Bouton, individually and on behalf of
all others similarly situated,

Case No. 12-3200

PLAINTIFFS-APPELLEES’ RESPONSE TO MOTION BY PROPOSED
AMICI CURIAE COPYRIGHT HOLDERS AND ONLINE PLATFORMS
FOR EXTENSION OF TIME TO SEEK LEAVE AND FILE AMICUS
CURIAE BRIEF

Plaintiffs-Appellees respectfully oppose the motion of proposed amici curiae
Yahoo! Inc., Pinterest, Inc., and Electronic Arts Inc. (“Proposed Amici”) for an
extension of time to seek leave and file an amicus curiae brief.

This case has received extensive media coverage,1 and one of the Proposed
Amici, Yahoo! Inc., objected to the proposed class settlement, and was part of a
coalition that filed an amicus brief in the District Court in connection with the
proposed settlement in 2009. Yet, Proposed Amici assert that it was only after
Google filed its opening brief on November 9, 2012 that they “coalesced around a
decision to furnish their own perspectives.” Decl. of Andrew P. Bridges in
Support of Motion for Extension of Time, ¶ 5. Further, Google’s arguments in
opposition to class certification have been thoroughly presented in the District
Court, as well as in a Rule 23(f) petition and reply, docketed on June 14, 2012 and
July 11, 2012, respectively.
Proposed Amici have had more than ample time to prepare an amicus brief,
and we see no reason why Proposed Amici could not have filed their brief within
the time permitted by the Federal Rules of Appellate Procedure, as did the other
amicus curiae (Docket Nos. 55 & 57).
1

This litigation has garnered widespread publicity, including both Judge Chin’s
class certification opinion and Google’s appeal thereof. See, e.g., Larry
Neumeister, NY judge grants class status in Google book fight, BLOOMBERG
BUSINESSWEEK, May 31, 2012, http://www.businessweek.com/ap/201205/D9V414F82.htm; Second Circuit Allows Google to Appeal Class Certification
in Google Books Cases, BLOOMBERG, August 15, 2012, http://www.bna.com/
second-circuit-allows-n12884911182/; Chad Bray, Suit Over Google Book
Scanning Delayed on Appeal, WALL STREET JOURNAL, September 17, 2012,
http://online.wsj.com/article/SB1000087239639044399560457800225024 62740
18.html, among others.

2

Proposed Amici assert that they need additional time to “prepare a brief that
will be helpful in aiding the Court’s understanding of the unique pressures on, and
distortions of, intellectual property and related litigation that class actions cause.”
Decl. of Andrew P. Bridges in Support of Motion for Extension of Time, ¶ 6.
Counsel for the parties, having considerable experience in these matters and having
litigated this case now for seven years, are well-equipped to present the issues
before this Court. Similarly, Proposed Amici’s argument that extra time is
necessary for its counsel2 to “articulate the views of several different companies”
in one brief is equally unpersuasive. Accordingly, Proposed Amici’s motion for an
extension to file an amicus brief should be denied.

Dated: November 21, 2012

Respectfully submitted,

/s/ Michael J. Boni
Michael J. Boni
BONI & ZACK LLC
15 St. Asaphs Road
Bala Cynwyd, PA 19004
Tel: [phone]
Fax: [phone]
[e-mail]

2

Counsel for the proposed movants, Andrew P. Bridges, is no stranger to Google,
having represented Google against the copyright infringement claims in Perfect 10
v. Amazon.com, Inc., 508 F.3d 1146 (9th Cir. 2007).
3

Robert J. LaRocca
KOHN SWIFT & GRAF, P.C.
One South Broad Street, Suite 2100
Philadelphia, PA 19107
Tel: [phone]
Fax: [phone]
[e-mail]
Sanford P. Dumain
MILBERG LLP
One Pennsylvania Plaza
New York, NY 10119
Tel: [phone]
Fax: [phone]
[e-mail]
Counsel for Plaintiffs-Appellees

4