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Originally Posted by Quoth
Except Google IS indexing the entire book and what they are doing is far beyond fair use. It's possible to download the entire book, because unlike a snippet for a review, quote or research work, the entire work is indexed and live on their servers, completely. Stupidly they also seem to use features of the client's browser. Google misrepresented what they are doing as Fair use as they are monetising the entire text with their search engine.
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Fair Use was an exception to the copyright law that was carved out by judges and later codified. Basically fair use is whatever the judge says it is. In this case the judge decided that indexing should be considered fair use. American copyright law is very different than European copyright law.