The Authors Guild et al v. Google Inc.

Filing 905

NOTICE of of Intent to Appear by, Inc.. Document filed by, Inc.. (Wiles, Alexander)

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The Author's Guild et al v. Google Inc. Doc. 905 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x The Authors Guild, Inc., et al., : : Plaintiffs, : : vs. : : Google, Inc., : : Defendant. : ---------------------------------------------------------------x Case No. 05 CV 8136-DC NOTICE OF INTENT TO APPEAR BY AMAZON.COM, INC. Filed Electronically TO THE CLERK OF THIS COURT AND ALL PARTIES OF RECORD: Please take notice that, Inc. ("Amazon"), a member of the plaintiff class, intends to appear at the fairness hearing on February 18, 2010 at 10:00 AM to object to the Proposed Amended Settlement. Amazon will appear through its attorneys David A. Zapolsky, David Nimmer, and Alexander F. Wiles. Mr. Zapolsky is admitted to practice before this Court. Mr. Nimmer and Mr. Wiles have been admitted to practice pro hac vice (Dkt. Nos. 228, 229). In addition to being a rightsholder, Amazon has the unique perspective of having engaged in a similar book-scanning project, the major distinction being that Amazon obtains permission from rightsholders before scanning copyrighted works. Amazon wishes to address: (1) the Court's inability to approve the Proposed Amended Settlement under Federal Rule of Civil Procedure 23; (2) the Proposed Amended Settlement's anticompetitive aspects under the antitrust laws; and (3) the Proposed Amended Settlement's circumvention of Congress's exclusive power to amend the copyright statute and its violation of copyright law. Amazon addressed these issues in its objections to the original proposed settlement and the amended one (Dkt. Nos. 206, 207, and 823), and in its Memorandum of Law in support of, Inc.'s Motion for Reconsideration of Order Granting Preliminary Approval of Amended Settlement Agreement (Dkt. No. 775). Pursuant to this Court's September 8, 2009 Order with regard to the previously scheduled Fairness Hearing (Dkt. No. 716), a copy of this Notice is also being emailed to 2187147 Dated: February 2, 2010 Respectfully submitted, IRELL & MANELLA LLP By: s/ Alexander F. Wiles Alexander F. Wiles (CA State Bar No. 73596) (Pro Hac Vice) David Nimmer (CA State Bar No. 97170) (Pro Hac Vice) IRELL & MANELLA LLP 1800 Avenue of the Stars Suite 900 Los Angeles, California 90067-4276 Telephone: (310) 277-1010 Facsimile: (310) 203-7199 Counsel for Objector, Inc. AMAZON.COM, INC. David A. Zapolsky, Esq. (DZ-8058) Vice President & Associate General Counsel Litigation & Regulatory Affairs 1200 12th Avenue South Suite 1200 Seattle, Washington 98144 Telephone: (206) 266-1323 Facsimile: (206) 266-7010 2187147 -2-

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