In Appeal Filing, Google Defends Snippets
"In a filing with the Second Circuit last week, Google defended its practice of displaying snippets in Google Books, and urged an appeals court to affirm Judge Denny Chin’s 2013 holding that the massive book scanning project is protected by fair use. The filing comes as the Authors Guild’s case against Google is prepped for its turn in front of the Second Circuit, just weeks after the same appeals court emphatically affirmed Judge Harold Baer’s October 2012 fair use finding in the Guild’s parallel case, Authors Guild vs. HathiTrust. In the HathiTrust case, the Authors Guild had sued a coalition of Google's library book scanning partners on much the same charges it had lodged against Google: basically that the project is built on millions of unauthorized copies. But in his opinion, Baer wrote that he could not imagine 'a definition of fair use' that would compel him to shut down the project, calling it an 'invaluable contribution to the progress of science and cultivation of the arts.' However, in affirming Baer’s 2012 ruling, the Second Circuit held out a ray of hope for the Authors Guild in its Google case, by noting that it was 'important' that HathiTrust did not display any of the work made available for searching—in other words, no snippets. In their filing last week, attorneys for Google sought to snuff that ray of hope, devoting a sizable portion of their brief to defending snippets ..."