The summary misses a key point. Yes they scan and store the entire book, but they are _NOT_ making the entire book available to everyone. For the most part they are just making it searchable.
Agreed that it's not in the summary, but as you correctly note, it's just a "summary". Anyone who reads the underlying blog post will read this among the facts on which the court based its opinion: "The public was allowed to search by keyword. The search results showed only the page numbers for the search term and the number of times it appeared; none of the text was visible."
So those readers who RTFA will be in the know.
Link to Original Source
Can this be used as precedent to dismiss all the pending RIAA and MPAA lawsuits? What about reversing past suits whose victims are already in the body count?
Don't I wish.
An ingrate might bemoan the Court's failure to address the key underlying fallacy in the "John Doe" cases, that because someone pays the bill for an internet account that automatically makes them a copyright infringer; but who's complaining over that slight omission?
A malcontent like myself might be a little unhappy that it took the courts ten (10) years to finally come to grips with the personal jurisdiction issue, which would have been obvious to 9 out of 10 second year law students from the get go, and I personally have been pointing it out and writing about it since 2005; but at least they finally did get there.
And a philosopher might wonder how much suffering might have been spared had the courts followed the law back in 2004 when the John Doe madness started; but of course I'm a lawyer, not a philosopher.
Bottom line, though: this is a good thing, a very good thing. Ten (10) years late in coming, but good nonetheless. - R.B. )
In the first place, it was unusual for an interlocutory appeal to be granted from the denial of the preliminary injunction motion. In federal court usually you can only appeal from a final judgment.
Similarly, apart from the fact that it's always rare for a certiorari petition to be granted, it's especially tough where the appeal is not from a final judgment, but just from a preliminary injunction denial which does not dispose of the whole case.
while the summary is laudatory, fawning, even, it is not central to the decision
Funny, I had the same reaction when I read it. He seemed like a salesman for Google or something.
I would like to retain your services in this matter. Please list your bank account information so that I may transfer a retainer payment to you. Thank you. Sincerely, Prince Bernard Koffi Austine Nigeria
Dear Prince Bernard,
If you're talking about my bank account, you're barking up the wrong tree
So, if this stands does this mean it's lawful for Google to make the full text available of these books, or not?
Fair use cases are very fact specific. If you start monkeying with the facts, Judge Chin might not feel the same way about it.
If google can legally copy books (even when profit is involved) then why can't I do the same?
Wouldn't I get hammered with copyright infringement problems if I scanned in books I did not author myself?
I don't know but please hire me as your lawyer when you do.