Nearly a year after Judge Denny Chin was confirmed to the 2nd Circuit Appeals Court, and more than 13 months after his hearing on the Google Book Settlement, he finally ruled. the settlement “is not fair, adequate or reasonable” and is rejected. While Judge Chin outlines a number of concerns, he notes one fundamental change that could make it acceptable: change it from opt-out to opt-in, and Chin says, “I urge the parties to consider revising the ASA accordingly.” Of course that would literally change everything, not only removing the settlement’s attempt to provide a legal and business-driven solution to identifying […]
