Quote:
Originally Posted by bgalbrecht
The analysis I saw at another website (I think Ars Technica), the Supreme Court left it open to the possibility that Google's use was not copyright infringement due to fair use, and that Google may yet appeal on those grounds. Unfortunately, fair use is decided on a case-by-case evaluation, so even if Google gets the case dismissed because of fair use, another court could rule that another defendant using the exact same files is guilty of infringement because it's not fair use, and a company will never know without a court trial what the verdict will be.
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Conversely, google's use might not be fair use but somebody else's might.