In his opinion, Judge Chin largely focused on the many benefits of Google Books, such as its efficiency in obtaining books as a reference tool, increasing general access, and allowing scholars to analyze massive amounts of data. Judge Chin acknowledged the legitimacy of plaintiff’s main argument that Google Books is a for-profit commercial enterprise, but emphasized that the scanned pages themselves are not for sale, and no advertisements are present on the pages containing the snippets of the book. Therefore, Google “does not engage in the direct commercialization of copyrighted books.”
Judge Chin further explained that by providing links to where the book may be purchased, Google Books actually enhances the sale of the books to the benefit of copyright holders. In fact, many authors have noticed online databases such as Google allows readers to find their work, thereby increasing their audiences.The only factor that Judge Chin did mark as weighing slightly in the plaintiff’s favor is the third: sustainability of the portion used in relation to the copyrighted work as a whole. Google scans the full text of these books, and provides certain sections for different searches. Google does, however, limit the amount of text displayed for each search, and therefore Judge Chin found this factor only “slightly against” a finding of fair use. In response to the dismissal of its suit, the Authors Guild has declared an intention to appeal after expressing their disappointment and disagreement with the decision. This case, however, has lasted almost a decade, and is not likely to be reversed due to the overwhelming public benefits for Google Books. Not only is Google Books “highly transformative” in the way we research, but it also allows authors to get noticed. The key sticking point is that this service benefits authors far more than it hinders them. Google Books will most likely be here to stay, much to the relief of student procrastinators (and realistically, everyone else who likes books) everywhere. For another look at this landmark decision, see http://www.mttlrblog.org/2013/11/24/google-one-step-closer-to-world-domination-seriously/.