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appeals court hints that Google Books is fair use? | 98 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
appeals court hints that Google Books is fair use?
Authored by: tknarr on Monday, July 01 2013 @ 05:45 PM EDT

I find one part telling:

Putting aside the merits of Google’s claim that plaintiffs are not representative of the certified class — an argument which, in our view, may carry some force — we believe that the resolution of Google’s fair use defense in the first instance will necessarily inform and perhaps moot our analysis of many class certification issues,"

Emphasis mine. This is an appeal specifically on the issue of class certification, and yet the appeals court is explicitly setting that question aside and saying "We may not even have to get to that question.". To me that'd be a fairly clear statement that they're expecting the judge to go back and look at fair use as a blanket defense. And if I were the judge I'd be taking that hint very seriously. It takes a bit to make an appeals court go off-point and look at things not directly on appeal, and ignoring the question after that is not a smart thing to do.

[ Reply to This | Parent | # ]

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