I believe GP is talking not about this decision but about what would have happened if https://en.wikipedia.org/wiki/Google_Books_Settlement https://en.wikipedia

I believe GP is talking not about this decision but about what would have happened if https://en.wikipedia.org/wiki/Google_Books_Settlement https://en.wikipedia.org/wiki/Google_Books_Settlement had not been shot down in 2011. This outcome allows everyone to digitize out-of-print books, whereas the settlement would have granted Google a monopoly on them in exchange for a fee to the Authors' Guild.