Google Row Exposes Digital Fair Use Split, High Court Hears

Law360, Washington (March 21, 2016, 4:50 PM EDT) -- The Authors Guild has rebutted Google’s argument to the U.S. Supreme Court that its book search project was allowable under fair use rules, saying the Internet giant’s reply brief in support of a Second Circuit decision glossed over the extent of the service’s reproductions in order to downplay a circuit split.

Despite Google Inc.’s defense of its Google Books service as a mere indexing tool, the Second Circuit ruling last year diverged from other appeals courts that have said more “transformative purpose” is required to prove fair use, the guild said March 15 in support of its December petition for writ...

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