[williamcotton]

As this very article we are discussing notes, Google was not allowed to settle precisely because of this monopoly position. It went to trial:

In late 2013, after the class action status was challenged, the District Court granted summary judgement in favor of Google, dismissing the lawsuit and affirming the Google Books project met all legal requirements for fair use. The Second Circuit Court of Appeal upheld the District Court's summary judgement in October 2015, ruling Google's "project provides a public service without violating intellectual property law." The U.S. Supreme Court subsequently denied a petition to hear the case.

https://en.wikipedia.org/wiki/Authors_Guild,_Inc._v._Google,....