Pamela Samuelson, Richard M. Sherman Distinguished Professor of Law and Information at the UC Berkeley School of Law, and other scholars have sent a letter ("Academic Author Objections to Plaintiff's Motion for Class Certification") to US District Court Judge Denny Chin about class certification issues in the Authors Guild v. Google Case.
Here's an excerpt:
We believe that our works of scholarship are more typical of the contents of research library collections than works of the three named plaintiffs in this case. Betty Miles is the author of numerous children's books. Jim Bouton is a former baseball pitcher who has written both fiction and nonfiction books based on his experiences as a baseball player. Joseph Goulden is a professional writer who has written a number of nonfiction books on a variety of subjects, including a book about "superlawyers." None of these three are academic authors. Their books are aimed at a popular, rather than an academic, audience. As professional writers, their motivations and interests in having their books published would understandably be different, and likely more commercial, than those of academic scholars. Hence, our concern is that these three do not share the academic interests that are typical of authors of books in research library collections. As we explain further below, the clearest indication that the named plaintiffs do not share the same priorities typical of academic authors is their insistence on pursuing this litigation.