>From Publib discussion but thought some of you here may find this of interest.
Myles From: [email protected] [mailto:[email protected]] On Behalf Of Nann Blaine Hilyard Sent: Tuesday, March 22, 2011 3:05 PM To: [email protected] Subject: [Publib] FW: Google Books decision (With thanks to Aaron Dobbs who posted this on the ALA Council list.) Nann @the library in Zion, Illinois From: Dobbs, Aaron Sent: Tuesday, March 22, 2011 2:48 PM Subject: [alacoun] FW: [dpla-discussion] Google Books decision In case anyone has not yet seen... The Google Books Settlement has been denied. From: [email protected] [mailto:[email protected]] On Behalf Of Maura Marx Sent: Tuesday, March 22, 2011 3:37 PM To: [email protected] Subject: [dpla-discussion] Google Books decision Hi everyone, here is the GBS decision, for those who haven't seen it yet: http://www.nysd.uscourts.gov/cases/show.php?db=special&id=115 and the gist: CONCLUSION In the end, I conclude that the ASA is not fair, and reasonable. As the United States and other objectors have noted, many 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.(See,e.q.,DOJ SO1 23, ECF No. 922; Internet Archive Mem. 10, ECF No. 811). 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 April 25, 2011, at 4:30 p.m., in Courtroom 11A of the Daniel Patrick Moynihan Courthouse. SO ORDERED. Dated: March 22, 2011 New York, New York DENNY CHIN United States Circuit Judge Maura
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