Google Responds to The Authors Guild in Google Books Appeal | The Digital Reader
The Authors Guild may have lost its 8-year-long lawsuit against Google last November, but they're not through. The AG filed an appeal of that ruling in April of this year, and on last Thursday Google filed its response (PDF). In the appeal, Google starts by reiterating its arguments that its book-scanning project fell under the Fair Use clause of US copyright law. Frequently citing the similar HaithiTrust ruling, Google's brief takes us through the four parts of the fair use exception while noting that "statutory factors are not a scorecard". In addition to going through the factors point by point, Google also took a moment to respond to the arguments raised in The Authors Guild's appeal, including that Amazon was harmed by the Google Book project. Describing it as a "blatant distortion of the record", Google notes that all of the material cited was drawn not from the library project but from "Google’s Partner Program, which involves extensive display of book excerpts with rightsholder permission." The search engine giant later disputes the facts of some of The Authors Guild's arguments, including that Google displays "78% of the verbatim text of millions of in-copyright books". While The AG was correct in [...]