The proposed Google Book Settlement has been rejected by Judge Chin in the United States District Court in the Southern District Of New York.

Having waited many months for a decision from the Judge, he did not leave the reader too long in doubt about his ruling saying in the second and third sentences of his judgement, ‘The question presented is whether the ASA is fair, adequate, and reasonable. I conclude that it is not.’

The ruling throws into doubt the future of the settlement though Judge Chin also pointed to a possible solution to the ruling saying, ‘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 settlement was negotiated following a decision by authors and publishers to sue Google for its decision to scan books without permission. It has seen a number of changes since it was originally proposed and has generated significant discussion and disagreement since it was first proposed.

The full ruling can be found here.