A ruling that construction of the Google Books digital library is protected by the fair use defense to copyright infringement came under attack Wednesday at the U.S. Court of Appeals for the Second Circuit.
Attorney Paul Smith asked a three-judge panel to find that Google’s “mass reproduction and mass display” of millions of books, as well as its distribution back to libraries of digital copies the libraries owned, was wrongly held by a lower court to be fair use under the Copyright Act.
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