Google filed a blistering opposition to what they say is a belated attempt by publishers Cengage Learning and Hachette Book Group to intervene in a book author lawsuit filed against Google that dates back to 2023.
Google says the motion is too late, plus it does not satisfy Federal Rule of Civil Procedure 24.
But, even if Google is correct, the 2 publishers could just turn around and file a new lawsuit, presumably.
Something of that sort happened when Concord Music Group was denied a motion for leave to amend their complaint against Anthropic to add a new theory of infringement based on Anthropic’s use of shadow libraries. Judge Lee denied it as too late.
But, recently, Concord Music filed a second lawsuit against Anthropic raising the very claim(s) it was not allowed to add in the first lawsuit.
Coincidentally, Judge Lee presides over both In re Google Gen AI Litigation and Concord Music Group v. Anthropic PBC I.
But probably not coincidentally, the book publishers are represented by lawyers from the law firms of Edelson PC and Oppenheim + Zebrak LLP, while Concord Music Group and music publishers are represented by Oppenheim + Zebrak LLP and Cowan, Liebowitz & Latman, plus Coblentz Patch Duffy & Bass LLP.
The three law firms in bold are the same law firms enlisted by Class Counsel in Bartz v. Anthropic to help in administering aspects of the class settlement. But, recently, Judge Martinez-Olguin reportedly told the three firms they “working for free” and will receive no attorneys’ fees (they sought $75 million) because they were not approved by the court.
Excerpt:
DOWNLOAD THE OPPOSITION OF GOOGLE