Last week the Authors Guild formally detailed their appeal of Judge Denny Chin’s November 14, 2013 summary judgment motion in favor of Google, finding that the web giant’s library book-scanning project was protected as “fair use.” The Guild says that the District Court applied “an unprecedented, expansive and erroneous interpretation of the fair use doctrine. The District Court essentially ignored the inherently commercial nature of the Library Project and wrongly determined that the entire program is ‘transformative.’ In doing so, the District Court failed to separately evaluate whether each of Google’s uses, including its reproduction, archival storage and distribution of […]
