With this settlement, Google has essentially guaranteed that no other company or government or philanthropic foundation will ever create a rival digital library

With this settlement, Google has essentially guaranteed that no other company or government or philanthropic foundation will ever create a rival digital library. Because copyright holders are being treated as a class by the courts, no rival will be able to embark upon the same digitization process without negotiating separately with each holder or getting embroiled in a similarly lengthy and expensive class action lawsuit. So basically, anyone else wanting to embark on a similar digitization project would be in the same situation Google was in originally, with respect to copyright law? That hardly seems draconian. Any such rival project would have to compete with Google, but that's what the first mover advantage entails.