What does Google’s counsel Daralyn Durie do for an encore after union-busting fails in Google Books? Argue that scanning 20 million books, lyrics, illustrations, photographs, etc., is fair use. You should understand that what Google does in the books case is exactly what they are going to do in the YouTube class action which is pending in the same New York courts (2nd Circuit)
You should also watch this video by a fired Google whistleblower about the extraordiary secrecy surrounding Google’s digitization factory at a secret building in the Googleplex. What do they have to hide?
Originally posted on paidContent:
Google (s goog) cites everything from Mad Men to minority rights in a fresh attempt to bolster its claim that the scanning of millions of books qualifies as a “fair use” under copyright law. The arguments, set out in court filings submitted on Friday, come as Google’s long-running dispute with the Authors Guild heads toward an end game.
According to Google, its massive book scanning project is fair use because the scanning has delivered many public benefits without harming authors. The company claims that its creation of full-text book searching is “the most significant advance in library search technology in the last five decades” and that the Authors Guild has shown “no evidence that Google Books has displaced the sale of even a single book.”
The new filing (embedded below) is in response to Judge Denny Chin’s deadline for Google and the Authors Guild to submit arguments on why the case can be decided without a trial. This is just the latest phase of a legal dispute that began in 2005 after authors and publishers sued Google over its ambitious plan to create a massive digital library. The lawsuit was on ice for several years as the parties worked out a settlement that would have created an online market for the books. Judge Chin blew up the settlement in March 2011, however, after concluding that it was a “bridge too far.”