James Grimmelmann, an associate professor of the Institute for Information and Law at New York Law School and author of an ACS Issue Brief on the settlement, told The Times that the new filing "may be the most fundamental challenge to the settlement yet."
Scott Grant, a partner at the law firm Boies Schiller & Flexner, is preparing to lodge the filing in federal court today. Grant, who is preparing the filing on his own behalf, told the newspaper, "This is a predominantly commercial transaction and one that should be undertaken through the normal commercial process, which is negotiation and informed consent." He added that Google and supporters of the settlement are "trying to ram this through so that millions of copyright holders will have no idea that this happening."
In his Issue Brief, The Google Book Search Settlement: Ends, Means, and the Future of Books, Grimmelmann examined public interest concerns that have arisen from the settlement, such as who will control copyright ownership of "orphan works," which are books whose authors or rights holders cannot be found.
Grimmelmann asserts in his brief that dealing with "orphan works" is best solved by legislation, not litigation.