More on the rejected settlement
James Grimmelmann, an associate professor at New York Law School, said that the judge is clearly hinting that he would seriously consider approving the settlement if it is revised in a way that allows publishers and authors the right to opt into the settlement before Google can sell their works.
Mr. Grimmelmann said that the settlement basically consists of two parts: payment for what Google has done in the past, and the creation of an ambitious bookstore program to sell mostly out-of-print books. "If the parties can agree on an opt-in arrangement, it will give authors and publishers one more option for selling their works. This is pretty much how copyright works today," he said.