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Jonathan Band's Chart of Possible Google Book Search Settlement Results

Follow up to previous postings on Google Book Search: “Now that the fairness hearing on the Google Books Settlement has occurred, it is up to Judge Chin to decide whether the proposed settlement is “fair, reasonable, and adequate.” The attached chart attempts to diagram some of the possible paths forward. Notwithstanding the complexity of the chart, it does not reflect all the possible permutations. For example, it does not mention stays pending appeals nor whether litigation would proceed as a class action. Moreover, the chart does not address the substantive reasons why a certain outcome may occur, e.g., the basis for Judge Chin accepting or rejecting the settlement. And it doesn’t begin to address the issue of Congressional intervention through legislation. In short, the precise way forward is more difficult to predict than the NCAA tournament. And although the next step in the GBS saga may occur this March, many more NCAA tournaments will come and go before the buzzer sounds on this dispute.”

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