The leading international educational publishers, Elsevier, Cengage Learning, Macmillan Learning, and McGraw Hill, have filed a lawsuit against Google, accusing the tech giant of advertising pirated content. The complaint, filed in the United States District Court for the Southern District of New York, alleges that Google has been advertising unauthorized and infringing copies of electronic book versions of textbooks. The publishers claim that Google’s handling of infringement notices has been ineffective, leading to continued promotion of pirated works while legitimate educational materials are restricted.
The lawsuit, Cengage Learning Inc v. Google LLC, states that Google’s conduct violates copyright law, the Lanham Act, and New York General Business Law, causing significant harm to the plaintiffs. The plaintiffs have reported numerous violations to Google, only to be ignored, and have accused Google of creating an environment that supports piracy over legitimacy. The plaintiffs assert that Google’s practices harm consumers by directing them to illegal products and decrease sales for legitimate publishers.
In response to the lawsuit, Mark Bledsoe, general counsel for VitalSource, an online provider of educational materials, emphasized the importance of students having access to affordable and safe educational resources. He expressed support for the legal action taken by the publishers and urged Google to implement fair policies to combat piracy and create a safer market for students.
The plaintiffs describe Google’s responses to infringement notices as a “circus of failures,” highlighting the tech giant’s failure to timely remove ads for infringing works and continued business dealings with known pirates. They also accuse Google of refusing to allow legitimate sellers such as publishers to advertise e-books on its shopping platform while allowing listings from pirated sellers. The deceptive trade practice, according to the plaintiffs, violates New York law and contributes to the upside-down textbook market where pirates thrive.
The lawsuit includes exhibits listing authentic works by the publishers alongside copyright registrations and legal trademarks, claiming that Google’s practices mislead consumers into believing pirated content is authentic. The case has the potential to change how tech giants handle copyright infringement and impacts the lucrative U.S. textbook market. The publishers’ legal action underscores the challenges students face in accessing legitimate educational resources and the need for tech companies to prioritize combating piracy effectively.
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https://publishingperspectives.com/2024/06/major-publishers-sue-google-over-ads-for-pirated-ebooks/