Google appealed Judge Denny Chin’s order granting the Authors Guild class certification in the ongoing litigation between the two over whether Google Books is fair use.
In its filing, Google again raised the issue of “whether class plaintiffs seeking to stop alleged copyright infringement can adequately represent class members who benefit from the defendant’s conduct and want it to continue.” Google further argues that this “is a ‘novel legal question … of fundamental importance to the development of the law of class actions,’ […] and the district court’s answer conflicts with the decisions of other circuits.”
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