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The 2nd circuit COA merely bounced the case back to Chin, for further review. This will test the limits of the Fair Use Clause, and if the judge rules against Google, he has to decide what damages were incurred by "copyright infringement." It would be funny if he awarded the plaintiff's 1 penny each, as it is hard to see how a small excerpt of a book can impact the sale of the whole book. On the contrary, by providing samples of a book, Google might be increasing sales of the work, in which case there is no loss, but a free and beneficial gain.
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