"For the reasons set forth above, plaintiffs motion for partial summary judgment is denied and Googles motion for summary judgment is granted. Judgment will be entered in favor of Google dismissing the Complaint. Google shall submit a proposed judgment, on notice, within five business days hereof."
"In sum, we conclude that: (1) Googles unauthorized digitizing of copyright-protected works, creation of a search functionality, and display of snippets from those works are non-infringing fair uses. The purpose of the copying is highly transfor-mative, the public display of text is limited, and the revelations do not provide a significant market substitute for the protected aspects of the originals. Googles commercial nature and profit motivation do not justify denial of fair use. (2) Googles provision of digitized copies to the libraries that supplied the books, on the understanding that the libraries will use the copies in a manner consistent with the copyright law, also does not constitute infringement. Nor, on this record, is Google a contributory infringer."
you're right - really, it's in the opinion of all copyright / IP lawyers & thinkers in this country that Google lost, because it didn't get to do what it wanted to do, even if it "won", it is Pyrrhic.
the balance of comments in Hacker News about a topic like this: it tips towards the wrong understanding of that case. There's Gell Mann Amnesia in every comment section.
A summary judgement in favor of Google with an explicit sentence in the ruling that Google was not "violating intellectual property law" is an unmitigated victory.
Sure, which Google won. Which was basically the point of the person you replied to I think.
Google wins on summary judgment
https://storage.courtlistener.com/harvard_pdf/8726429.pdf
"For the reasons set forth above, plaintiffs motion for partial summary judgment is denied and Googles motion for summary judgment is granted. Judgment will be entered in favor of Google dismissing the Complaint. Google shall submit a proposed judgment, on notice, within five business days hereof."
Affirmed on appeal
https://storage.courtlistener.com/harvard_pdf/3124896.pdf
"In sum, we conclude that: (1) Googles unauthorized digitizing of copyright-protected works, creation of a search functionality, and display of snippets from those works are non-infringing fair uses. The purpose of the copying is highly transfor-mative, the public display of text is limited, and the revelations do not provide a significant market substitute for the protected aspects of the originals. Googles commercial nature and profit motivation do not justify denial of fair use. (2) Googles provision of digitized copies to the libraries that supplied the books, on the understanding that the libraries will use the copies in a manner consistent with the copyright law, also does not constitute infringement. Nor, on this record, is Google a contributory infringer."
Google didn’t “win.”
Google Books is currently a shell of its former self.
you're right - really, it's in the opinion of all copyright / IP lawyers & thinkers in this country that Google lost, because it didn't get to do what it wanted to do, even if it "won", it is Pyrrhic.
the balance of comments in Hacker News about a topic like this: it tips towards the wrong understanding of that case. There's Gell Mann Amnesia in every comment section.
A summary judgement in favor of Google with an explicit sentence in the ruling that Google was not "violating intellectual property law" is an unmitigated victory.
“Won” in a purely symbolic sense with no practical significance. How do I access the Google Books library?
https://books.google.com/
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