Judge Chin had problems with most of the parts that I had problems with. He didn't go into the details on how the content producers were being ripped off, but did note that the objection rate from authors was "troubling."
I don't think that just changing to opt-in will do the job. Chin noted that the "forward-looking business arrangement" that was proposed "exceeds what the Court may permit under Rule 23". They're going to need to scale back to settling over Google's past actions, with any on-going permissions being in the context of indexing rather than e-book sales. I see that our beloved John Sargent hasn't figured that out: "The publisher plaintiffs are prepared to enter into a narrower Settlement along those lines [presumably he means opt-in] to take advantage of its groundbreaking opportunities."
It'd also help if Google would offer to share their scans with other search engines to remove the monopoly objections, but that ain't gonna happen. Google went to a lot of trouble to steal those scans, and they definitely want to keep their pirate copies to themselves while law-abiding search engines remain unable to provide book search. [Clearly I don't agree with Chin's assessment that "the parties are seeking in good faith to use this class action to create an effective and beneficial marketplace for digital books".]
Exactly how far the next judge will bend remains to be seen, but I doubt that we'll be seeing it very soon.
I did have to giggle at this:
Indian authors and publishers, for example, object that the ASA "continues to provide Google with sweeping rights to exploit works of Indian authors/publishers under copyright protection without their express permission/consent, a violation of international and Indian copyright laws."
For those who don't get it: India is somewhat notorious for its almost total disinterest in enforcing international copyrights within its own borders.
And I agree that opt-in isn't going to do it. Unless this decision is overruled by a higher court -- pretty doubtful, given how comprehensive the reasoning is -- this thing is dead and buried.