Revise or Start Anew? Pondering the Google Books Rejection

I earlier commented on economic issues in the proposed settlement. Here, I want to focus on economic aspects of the specific concerns Judge Chin raised, including “opt in” vs. “opt out,” and the potential applicability of a fair use defense.  I then look at the scope of his authority especially with regard to orphan books and the antitrust arguments he mentions and raised in the DOJ Statement. I conclude with observations on the antagonisms