Wal-Mart and Google Books

By [Thursday, July 28th, 2011] at 12:05 pm

What do Wal-Mart and Google Books have in common, beyond their immensity? This is the question raised by a new letter sent to the court by Robert Kunstadt and Ilaria Maggioni, who direct the court’s attention to the recent Supreme Court decision in Wal-Mart v. Dukes, which rejected a class of female employees of Wal-Mart. Because the employees were challenging Wal-Mart’s policy not to have a uniform policy on promotion decisions, the Court held, their claims weren’t sufficiently “common” to support a class action. Kunstadt and Maggioni argue that the class in Google Books is similar: not even suitable for litigation because the fair use issues affecting each author and book will be too dissimilar to be resolved in a single suit.

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