Draft

Two comments on Google Print

Draft of 2005.08.14 ☛ 2015.03.16

(1) A fascinating article called GOOGLE LIBRARY: BEYOND FAIR USE?.

¶33 Even an analysis of the four fair use factors fails to predict a ruling on Google’s library digitization project with any certainty. With no factor strongly supporting Google and the last factor, which is usually the most important, weighing against the project, the commercial motive, market usurpation and extensive scope of the project would likely outweigh the public benefits and push a court’s analysis over into a finding of unfair use. However, it is possible that if a court battle were to ensue over this project, that it could be deemed a fair use. Past decisions dealing with fair use in hotly contested situations involving equally innovative technology have come down on the side of expanding the rights of the public over those of the copyright holders. In Sony, even though the copyright holders were painting a doom and gloom picture of the future, as the right holders would be apt to do here, the court was able to see past their vision and recognize the benefits of allowing the potential infringement of the VTR. The copyright holders quickly came to realize that what the court had done was in their best interests, as well.

[Emphasis mine]

and (2) an excellent point made over at Infothought.

(both via Sivacracy.net.)