Since presiding over a hearing on the case in February 2010, the judge has been elevated to the 2nd U.S. Circuit Court of Appeals. He acted in the role of a district judge to rule on the case.

At the hearing last year, the judge heard a lawyer for folk singer Arlo Guthrie and “Pay It Forward” writer Catherine Ryan Hyde say the library would exploit his clients with “woefully inadequate compensation” for “unknown and undisclosed uses.”

Microsoft lawyer Tom Rubin said the deal “was structured to solidify Google’s dominance.”

Neither lawyer immediately returned requests seeking comment.

Google lawyer Daralyn Durie testified at the hearing that fewer than 10 million of 174 million books in the world would be affected by the settlement and that 5 million of those affected were out of print. Google has estimated that about 130 million titles likely would get into its digital library.

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