In Google Books appeal, judges focus on profit and security

Three judges of the Second Circuit Court of Appeals appeared to give little weight to the Authors Guild’s contention that Google’s book scanning should not be considered fair use under copyright since Google might profit from the scanning.

One judge added that quintessential fair use examples such as news reporting or book review quotes are performed by profit-seeking companies, and the case should be no different if the company is a search engine. The focus on the commercial character of the scanning represented a shift from earlier arguments, which had turned almost entirely on whether Google’s massive Books project was “transformative.” The Author's Guild did get a more sympathetic reception in regards to how universities, which provided Google with the access to books for scanning, might treat the databases. A ruling is likely to come sometime in January or February.