real risk that a judgment following trial would render Google
insolvent, and thus the avoidance of insolvency is not an issue.
The former, however, is important. Not only are the objections
great in number, some of the concerns are significant. Further,
an extremely high number of class members -- some 6800 -- opted
out. See In re Gen. Motors Corp. Pick-Up Truck Fuel Tank Prods.
Liab. Litig., 55 F.3d 768, 785, 812 (3d Cir. 1995) (noting that
"the number and vociferousness of the objectors" is a factor to
consider in weighing reasonableness of proposed settlement). I
turn to the objections now.
1. Adequacy of Class Notice
The objections to the adequacy of the class notice are
rejected. I am satisfied that the class received adequate
notice. More than 1.26 million individual notices in thirty-six
languages were sent directly to copyright owners, potential class
members, and publisher and author associations worldwide. (Pls.'
Suppl. Mem. 36-37, 54-60, ECF No. 955). Plaintiffs also
established a website to provide information about the case, the
original proposed settlement, and the ASA. Of course, the case
has received enormous publicity, and it is hard to imagine that
many class members were unaware of the lawsuit. (But see
-19-
real risk that a judgment following trial would render Google
insolvent, and thus the avoidance of insolvency is not an issue.
The former, however, is important. Not only are the objections
great in number, some of the concerns are significant. Further,
an extremely high number of class members -- some 6800 -- opted
out. See In re Gen. Motors Corp. Pick-Up Truck Fuel Tank Prods.
Liab. Litig., 55 F.3d 768, 785, 812 (3d Cir. 1995) (noting that
"the number and vociferousness of the objectors" is a factor to
consider in weighing reasonableness of proposed settlement). I
turn to the objections now.
1. Adequacy of Class Notice
The objections to the adequacy of the class notice are
rejected. I am satisfied that the class received adequate
notice. More than 1.26 million individual notices in thirty-six
languages were sent directly to copyright owners, potential class
members, and publisher and author associations worldwide. (Pls.'
Suppl. Mem. 36-37, 54-60, ECF No. 955). Plaintiffs also
established a website to provide information about the case, the
original proposed settlement, and the ASA. Of course, the case
has received enormous publicity, and it is hard to imagine that
many class members were unaware of the lawsuit. (But see
-19-
