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Second Circuit Skeptical of Fair Use Argument in Google Books Case

The Second Circuit appeared skeptical during oral argument Tuesday over the Authors Guild's claim that it's not fair use for Google to scan millions of out-of-print books and post them online, Gigaom's Jeff John Roberts reports. The guild argued the scanning project is not fair use because it is commercial in nature, Roberts reports, which was a shift in strategy after "Judge Denny Chin awarded a decisive victory to Google in November of last year by throwing out the Authors Guild’s class action suit, after concluding Google Books was 'highly transformative.'"