From Mike Borges, NYLA:

For those of you who were following the Google Book Settlement Case, the Judge recently ruled against Google.  The Judge’s main objection to the settlement was the provision that authors and/or their successors had to opt-out of inclusion and not opt-in into the digitization.

Notice of Electronic Filing
The following transaction was entered on 3/22/2011 at 2:49 PM EDT and filed on 3/22/2011

Case Name: The Author’s Guild et al v. Google Inc.
Case Number: 1:05-cv-08136-DC
Filer:
Document Number: 971

Docket Text:
OPINION: In the end, I conclude that the ASA is not fair, adequate, and reasonable. As the United States and other objectors have noted, may of the concerns raised in the objections would be ameliorated if the ASA were converted from an “opt-out” settlement to an “opt-in” settlement. I urge the parties to consider revising the ASA accordingly. The motion for final approval of the ASA is denied, without prejudice to renewal in the event the parties negotiate a revised settlement agreement. The motion for an award of attorneys’ fees and costs is denied, without prejudice. The Court will hold a status conference on 4/25/2011, at 4:30 p.m. in Courtroom 11A of the Daniel Patrick Moynihan Courthouse. (Status Conference set for 4/25/2011 at 04:30 PM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge Denny Chin.) (Signed by Judge Denny Chin on 3/22/2011) (tro)

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