Interesting reading–the objectors to the class action settlement in the freelance authors case have prevailed in the 2nd Circuit. The issues in “Freelance” were nearly identical to those in the Google Books settlement–not surprisingly involving the same lawyers for the authors so once the artifice in one is shot down it is shot down for both.
This may have been the nail in the coffin for Google Books. Not that it matters. Scanning, scanning, scanning continues. The whole litigation was a bright and shiny object if you ask me. Designed to deflect attention from the criminal levels of copyright infringement by Google. (In the books case, not to take anything away from the criminal levels of infringement in other cases.)
It’s time for the Department of Justice to act.