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It's an interesting case. On one hand, the justification for copyright in the Constitution is "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;", i.e. giving authors a limited time copyright to promote the generate good. On the flip side, Google, in scanning all those books is potentially saving works that might be lost which arguable does far more to promote the general good.
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