What if a car thief stood before a judge and said, “Yes, I know I?ve stolen thousands of cars and broke the law, and I?m ready to make some reparations to the owners. But I think you should grant me permission to take all the cars I want in the future so that it wouldn?t be considered “stealing” anymore….that is, unless the rightful owner of a car tells me I can?t.” Sounds ludicrous, right? However, Google in its Amended Settlement Agreement with authors and publishers (“ASA”) was basically trying to do the same thing. But on March 22, 2011, U.S. Circuit Court Judge Denny Chin rejected their attempt and denied the motion for final approval of the ASA.
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