"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 complete opinion may be found here:
The Authors Guild et al. vs. Google Inc. (05 CIV 8136) - March 22, 2011
United States District Court - Southern District of New York
The UC libraries have issued a statement on the March 22, 2011 federal court decision regarding the proposed Google Books Amended Settlement Agreement. The statement is available on UC’s Reshaping Scholarly Communication website: http://osc.universityofcalifornia.edu/google/settlement_decision.htmlHathiTrust’s response is available at http://www.hathitrust.org/hathitrust_asa_response