I think this is a Really Good Thing, and the Judge agrees, saying that the settlement went way too far planning
"to implement a forward-looking business arrangement that would grant Google significant rights to exploit entire books, without permission of the copyright owners. Indeed, the ASA would give Google a significant advantage over competitors, rewarding it for engaging in wholesale copying of copyrighted works without permission, while releasing claims well beyond those presented in the case.”
"OPINION: In the end, I conclude that the ASA is not fair, adequate, and reasonable."
Read the whole thing: http://docs.justia.com/cases/federal/district-courts/new-york/nysdce/1:2005cv08136/273913/971/
justia Google Books category: http://dockets.justia.com/docket/new-york/nysdce/1:2005cv08136/273913/