On June 5, educational publishers Cengage, Macmillan Learning, McGraw Hill, and Elsevier sued Google in the U.S. District Court for the Southern District of New York. They claimed that the tech giant was using its search engine to advertise pirated copies of their textbooks.

Profiting From Pirated Digital Textbooks

The publishers claimed that Google ignored numerous copyright infringement notices and profited from selling pirated digital textbooks advertised at the top of search results. The complaint stated that these heavily discounted pirated versions overshadow legitimate, reasonably priced works because the pirates did not incur any creation or licensing costs.

Despite the notices, Google has consistently failed to remove these ads promptly and has continued to engage with known pirates. Google even threatened to halt the review of the publishers' notices for up to six months due to the publishers' resubmission of previously ignored infringement notices.

Attorney Matt Oppenheim condemned Google for transforming into a hub for textbook piracy, labeling it a "den of thieves" for such illicit activities. Despite publisher complaints since 2021, Google reportedly did nothing. The publishers are suing for financial damages, alleging misleading business tactics, trademark, and copyright infringement.

Mark Bledsoe, the legal representative of VitalSource, expressed support for the lawsuit. He emphasized the need for students to access affordable and secure educational resources for their success. Bledsoe criticized Google's policies for exposing students to fraudulent vendors and restricting legitimate providers.

He highlighted that students often end up with stolen credit cards, incomplete materials, and no refunds when buying from illegitimate sources. Bledsoe urged Google to implement fair policies and effective anti-piracy measures to create a safer student marketplace. 

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Google's Online Ad Monopoly

The lawsuit further alleged that Google exacerbated the issue by restricting ads for licensed e-books while allowing ads for pirated versions, disrupting the textbook market. The plaintiffs argue that this harms consumers by directing them to illegal and inferior products and damages publishers by decreasing their sales while increasing sales for pirates.

Cengage Learning claimed these deceptive trade practices violate the Copyright Act, the Lanham Act, and New York's General Business Law, causing significant harm to the plaintiffs. The complaint demanded that this harm be remedied.

In the U.K., Google is facing a £13.6 billion lawsuit, alleging it holds excessive power over the online advertising market. The case, initiated by Ad Tech Collective Action LLP, claims Google's anti-competitive practices have financially harmed U.K. online publishers. Despite Alphabet, Google's parent company, dismissing the lawsuit as incoherent and attempting to dismiss it, the Competition Appeal Tribunal in London allowed the case to proceed to trial.

Claudio Pollack, a partner at Ad Tech Collective Action, stressed the importance of this ruling for those affected by Google's purported actions. The lawsuit centers on adtech, the technology managing online ad placement and pricing. It is crucial for website revenue and a significant profit area for Google due to its dominant search engine position.

The claim accuses Google of "self-preferencing," promoting its services over rivals, reducing publishers' ad revenue and high fees. Pollack aims to secure compensation for years of non-competitive market outcomes in the U.K. publishing sector.

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