US Supreme Court Declines to Review Fair Use Finding in Book Copying Case Against Google

The U.S. Supreme Court has refuse to review the Second Circuit Court of Appeals’ decision in Authors Guild v. Google, a copyright infringement case originally filed in 2005.  This leaves standing the Second Circuit’s unprecedented expansion of the fair use doctrine—holding that Google’s copying and providing access to some 4 million copyrighted books for profit-making purposes was a fair use. With only seven justices voting whether or not to grant review (Justice Kagan recused herself), the petition faced an uphill battle to gain the four votes necessary for a grant of review.
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