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Originally Posted by Kali Yuga
Again: if Google was only doing search, it would be a big question about fair use.
Or: If the libraries were making archive copies for internal use, that would be acceptable.
But again: The settlement agreement explicitly grants Google the right to sell the scanned books. That clearly goes beyond anything that could conceivably be considered "fair use."
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The New York Law School Review agrees:
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Google’s permitted uses under the settlement go well beyond the most favorable fair use that could plausibly be imagined
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