Google’s idea to scan millions of books and make them searchable online seemed audacious when it was announced in 2004. But fast-forward to today, when people expect to find almost anything they want online, and the plan seems like an unsurprising and unavoidable part of today’s Internet.I'm delighted too.
So when a judge on Thursday dismissed a lawsuit that authors had filed against Google after countless delays, it had the whiff of inevitability. Even the judge, Denny Chin of the United States Court of Appeals for the Second Circuit, said during a September hearing on the case that his law clerks used Google Books for research.
“It advances the progress of the arts and sciences, while maintaining respectful consideration for the rights of authors and other creative individuals, and without adversely impacting the rights of copyright holders,” Judge Chin wrote in his ruling. “Indeed, all society benefits.” (Judge Chin handled the case in district court because he was a judge there when it began.)
The Authors Guild said it disagreed with the decision and planned to appeal. Google said it was “delighted” with the outcome.
Generally the courts look at any technological advance as an excuse to expand IP holder privileges, and in this case, the judge actually looked at societal benefit, which is the purpose of our IP regime under the Constitution.
This is an astonishingly useful research tool, and copyright does not mean that the holder can extract every possible dollar for every use.
There is an increasing realization in society that expansive IP privilege is a hindrance to the well being of the society, when it should be an asset.
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