Google wins on summary judgment

https://storage.courtlistener.com/harvard_pdf/8726429.pdf

"For the reasons set forth above, plaintiffs motion for partial summary judgment is denied and Googles motion for summary judgment is granted. Judgment will be entered in favor of Google dismissing the Complaint. Google shall submit a proposed judgment, on notice, within five business days hereof."

Affirmed on appeal

https://storage.courtlistener.com/harvard_pdf/3124896.pdf

"In sum, we conclude that: (1) Googles unauthorized digitizing of copyright-protected works, creation of a search functionality, and display of snippets from those works are non-infringing fair uses. The purpose of the copying is highly transfor-mative, the public display of text is limited, and the revelations do not provide a significant market substitute for the protected aspects of the originals. Googles commercial nature and profit motivation do not justify denial of fair use. (2) Googles provision of digitized copies to the libraries that supplied the books, on the understanding that the libraries will use the copies in a manner consistent with the copyright law, also does not constitute infringement. Nor, on this record, is Google a contributory infringer."