Google’s win in court today over book scanning is historic, according to Josh Schiller, Partner, Boies, Schiller & Flexner LLP.
Judge Leval’s judgement determined that Google is not violating copyright law in its massive effort to scan millions of books for its digital library.
In a media statement, Schiller commented that the case should be “carefully read” “not just” by “law students in the United States but all over the westernized world as principles of fair use begin to travel outside the United States where copyright law in many countries have just begin to adopt these fundamentally important principles that serve to protect the public’s interest by advancing the arts and sciences.” Here is more from his comment:
In recognizing that Google Books is fair use, Judge Leval reminds us that each case must be considered on its facts and articulates how considering arguments that a second work has a transformative purpose requires complex thought and investigation.
It is unlikely that the Supreme Court will take a petition, if one is filed, since this case keeps consistent the law of fair use among the circuits.