Author’s Guide loses lawsuit with Google over digital copying, plans appeal
The news agency Reuters is reporting that Google has won the dismissal of a lawsuit by authors represented by the Author’s Guild. The suit involved the copying of millions of books for an online library in which small parts of the books would be available for searches.
The judge in the case, U.S. Circuit Judge Denny Chin, ruled today that the scanning constituted fair use.
“In my view, Google Books provide significant public benefits,” Chin wrote in his ruling.
Earlier reports of the arguments seemed to show that Chin was leaning towards a dismissal. Chin pointed out the benefits of the program, saying that law clerks routinely use Google Books to cite cases.
Authors Guild attorney Ned Rosenthal argued that Google was using the scans as a commercial advantage as so should pay the copyright holders, and argument that does not seem to have won the day.
Update: the Author’s Guide apparently will continue on.
Round One to Google: Judge Chin Finds Mass Book Digitization a Fair Use. Guild Plans Appeal.
Posted November 14, 2013
Judge Denny Chin today ruled that Google’s mass book digitization project to be a fair use, granting the company summary judgment in the copyright infringement lawsuit brought by the Authors Guild in 2005.
“This case presents a fundamental challenge to copyright that merits review by a higher court,” Authors Guild executive director Paul Aiken said in an online post. “Google made unauthorized digital editions of nearly all of the world’s valuable copyright-protected literature and profits from displaying those works. In our view, such mass digitization and exploitation far exceeds the bounds of fair use defense.”
“We plan to appeal the decision.”