But that’s not going to happen. Late Tuesday afternoon Judge Chin (who was elevated to the U.S. Court of Appeals for the Second Circuit last April) rejected the deal, finding the proposed settlement is not “fair, adequate, and reasonable.” Chin’s 48-page opinion vindicates–for now–objections from the Justice Department, authors, and Google’s online competitors, and sends Google back to the table for more revisions.
In tossing the deal, the judge cited some of the concerns that have bedeviled the settlement since it was first proposed in 2008, as well as Google’s own conduct. “The [amended settlement agreement] would grant Google control over the digital commercialization of millions of books, including orphan books and other unclaimed works,” Judge Chin wrote. “And it would do so even though Google engaged in wholesale, blatant copying, without first obtaining copyright permissions.”
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