Tuesday, May 10, 2011

Waiting for the Second Circuit's 'Freelance' Decision

We continue to wait for the Second Circuit Court of Appeals decision on the merits of the Freelance settlement objections.

I expect the ruling to be in our favor, but emphasize that I have no inside information to that effect. The recent decision on the Google Books case at the U.S. District Court level by Judge Denny Chin is not any kind of official precursor. Judge Chin now serves on the Second Circuit but he is not on the three-judge panel considering Freelance. The two cases do have certain striking similarities, and we've commented on them.

I've moderated a comment by an anonymous reader who listed names and phone numbers of people to call at the court, and suggested calling them directly to lobby for a decision sooner rather than later. I don't agree that that would be constructive. We don't know why the court hasn't ruled yet and we don't control the timetable of the judicial system.


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