If you have been following the story, you’ll be interested in the latest news. The Authors Guild and its co-plaintiffs have filed their opening brief appealing from their decisive loss in the district court.
According to Professor James Grimmelmann, New York Law School in his Laboratorium blog of 27 February, “Most of the arguments should be familiar if you’ve been following the case, so I’m going to mention only the significantly new or modified points, along with a few details I found striking.” More here: http://laboratorium.net/archive/2013/02/27/hathitrust_appeal_the_authors_guilds_opening_brief .
