Comment Re:Did they RTFM? (Score 1) 454
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
According to Google's intension and plans revealed so far, Google should be able to prove it gains no direct revenue, distributes only part of copyrighted material, and brings efficiency to the publishing market. As a result, Google can legally substitute the publishers' operations with the library under fair use, and that freaks them out.
Google should be smart enough to treat this as a PR opportunity rather than a legal fight. By helping the publishers integrate their operations with the library, Google can maximize the whole project's PR value while reducing the opposition.