The Elephantine Google Books Settlement

@article{Grimmelmann2011TheEG,
  title={The Elephantine Google Books Settlement},
  author={James Grimmelmann},
  journal={Young Scholars Law eJournal},
  year={2011}
}
The genius - some would say the evil genius - of the proposed Google Books settlement was the way it fuses legal categories. The settlement raised important class action, copyright, and antitrust issues, among others. But just as an elephant is not merely a trunk plus legs plus a tail, the settlement was more than the sum of the individual issues it raised. These “issues” were really just different ways of describing a single, overriding issue of law and policy - a new way to concentrate an… 
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Lawyer abuse in class action settlements is a widely recognized problem. One approach to lawyer abuse in class actions has received insufficient attention: suing the lawyers. Lawyers involved in
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Digital technology enables individuals to create and communicate in ways that were previously possible only for well-funded corporate publishers. These individual creators are increasingly harnessing
The Amended Google Books Settlement is Still Exclusive
Google, on the other hand, will be authorized to sell online copies of these books. ThatA¢â‚¬â„¢s exclusivity: permission to do what is forbidden to others.
See Statement of Interest, supra note 37
    But see IIPSJ Letter, supra note 115 (arguing that increased availability of the works themselves furthers the goals of copyright); see also Brief of Amicus Curiae IILP supra note 86
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        See Grimmelmann, supra note 108. waived Noerr-Pennington in Settlement 2.0, but note again the antitrust/ class-action connection
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