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Second Circuit Arguments in Google Books Case

By Mark Hamblett

Recently at the U.S. Court of Appeals for the Second Circuit, a lower court ruling that Google Books' digital library isn't copyright infringement came under attack.

Attorney Paul Smith, arguing for the Authors Guild appellants, asked the three-judge appellate panel to find that Google's “mass reproduction and mass display” of millions of books, as well as its distribution back to libraries of digital copies that the libraries owned, was wrongly held by the Southern District of New York to be fair use under the Copyright Act. Smith, a partner at Jenner & Block, said Google's copying, as well as its presentation of “snippets” ' sections of the works alongside information telling perusers where they can buy the books ' was “quintessentially commercial in nature” and was done “to preserve its crown jewel, its server engine” that earns it billions of dollars.

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