U.S. court throws out Google digital books class status
July 1 (Reuters) - A federal appeals court on Monday said a lawsuit against Google Inc's effort to create the world's largest digital books library should not have been allowed to proceed as a class action.
The 2nd U.S. Circuit Court of Appeals in New York said Circuit Judge Denny Chin erred in prematurely certifying a class of authors, saying he should have first determined the merits of Google's "fair use" defense.
It sent the case back to the trial court for consideration of fair use issues, and said a decision on whether to certify a class could be determined later.
Chin sits on the 2nd Circuit, but began handling the case as a trial judge and kept jurisdiction after he was elevated to the 2nd Circuit. Monday's decision was issued by three of his colleagues on the 2nd Circuit.
(Reporting by Jonathan Stempel in New York; Editing by Gerald E. McCormick)