The Authors Guild et al v. Google Inc.

Filing 948

DECLARATION of Daphne Keller in Support re: #945 MOTION to Approve Amended Settlement Agreement / Notice of Motion for Final Approval of Amended Settlement Agreement.. Document filed by Google Inc.. (Attachments: #1 Exhibit A (Google Books Privacy Policy))(Gratz, Joseph)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK The Authors Guild, Inc., Association of American Publishers, Inc., et al., Plaintiffs, v. Google Inc. Defendant. DECLARATION OF DAPHNE KELLER IN SUPPORT OF MOTION FOR FINAL APPROVAL OF AMENDED SETTLEMENT AGREEMENT Case No. 05 CV 8136 (DC)

I, Daphne Keller, hereby declare as follows: 1. I am employed by Google Inc. as Managing Product Counsel, and I am the

Product Counsel responsible for Google Books. I make the following declaration based on my personal knowledge and if called upon to do so could testify competently to the matters set forth herein. 2. After the submission of the original Settlement Agreement, Google was

approached by counsel representing the "Privacy Authors and Publishers" who later objected in Docket Item 281. Counsel stated that they were considering objecting to the Settlement Agreement on the ground that it did not contain what they considered to be sufficient protections for user privacy. 3. I, along with other representatives of Google, participated in numerous productive

meetings with counsel for the "Privacy Authors and Publishers" over the course of several months. 4. Counsel explained their concerns, and Google responded by making clear that the

services contemplated by the ASA would be covered by the overall Google Privacy Policy, as well as by a policy or policies specific to Google Book Search and to the services contemplated by the ASA, and that these policies would provide significant user privacy protections beyond what was described in the ASA. 5. Counsel for the Privacy Authors and Publishers pressed Google for enforceable

written commitments regarding user privacy for the services contemplated by the ASA even before those services are made available to consumers, in a departure from Google's regular practice. 6. In addition to the current privacy commitments in place for the entire Google

Book Search program, Google has committed to additional safeguards for the services authorized under the ASA, which are described in further detail in the Google Books Privacy Policy itself. 7. Attached hereto as Exhibit A is a true and correct copy of the Google Books

Privacy Policy, at http://books.google.com/googlebooks/privacy.html. 1