Google was sued by representatives of American authors and editors after digitizing 6 million copyrighted works from US university funds in 2005 without prior authorisation. In order to put an end to this procedure, a transaction was negotiated between Google and the rights holders, providing for measures to make purchases and the methods of exploitation on American soil of digitized books. The American court will decide next October whether this tetransaction is likely to repair the damages caused to the parties and put an end to the dispute.

Apart from the particular case of the authors and publishers aggrieved, this case raises
a question of principle, to which France has always shown a
particular attachment: respect for copyright, which guarantees the
remuneration of creators and the foundation of cultural diversity. That’s why
that the Ministry of Culture and Communication has sent, on 4
last September, at the tribunal hearing the case, its observations
on the transaction project, to ensure that the terms of a possible
approval of the latter by the judge does not create any precedent
to reinforce the de facto policy followed in this case by Google.
In its observations, France maintains that the proposed transaction is not
in accordance with neither intellectual property law nor
The European Union’s Charter of Fundamental Rights and Fundamental Freedoms.
It is also this argument that France will develop during the
hearings to be conducted by the European Commission
on the same subject. France’s point of view is shared by Germany,
which has taken a similar approach.