In a major blow to the Authors Guild, a three-judge panel of the Second Circuit has vacated Judge Denny Chin’s 2011 ruling granting the organization class action status in its suit to stop Google’s library scanning project. "On the particular facts of this case, we conclude that class certification was premature in the absence of a determination by the District Court of the merits of Google’s fair use defense," the court wrote in its decision. "Accordingly, we vacate the June 11, 2012, order certifying the class and remand the cause to the District Court, for consideration of the fair use issues."
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