https://www.theatlantic.com/technology/archive/2017/04/the-tragedy-of-google-books/523320/
Many of the objectors indeed thought that there would be some other way to get to the same outcome without any of the ickiness of a class action settlement. A refrain throughout the fairness hearing was that releasing the rights of out-of-print books for mass digitization was more properly “a matter for Congress.” When the settlement failed, they pointed to proposals by the U.S. Copyright Office recommending legislation that seemed in many ways inspired by it, and to similar efforts in the Nordic countries to open up out-of-print books, as evidence that Congress could succeed where the settlement had failed.
Of course, nearly a decade later, nothing of the sort has actually happened. “It has got no traction,” Cunard said to me about the Copyright Office’s proposal, “and is not going to get a lot of traction now I don’t think.” Many of the people I spoke to who were in favor of the settlement said that the objectors simply weren’t practical-minded—they didn’t seem to understand how things actually get done in the world. “They felt that if not for us and this lawsuit, there was some other future where they could unlock all these books, because Congress would pass a law or something. And that future... as soon as the settlement with Guild, nobody gave a shit about this anymore,” Clancy said to me.