Judge Denny Chin has ruled in favour of Google in the case of The Authors Guild Inc v Google Inc 05 Civ. 8136 (DC) 2013 (PDF), decided on 14th November 2013 at the United States District Court, Southern District Of New York.
Judge Chin has not only dismissed the Authors Guild’s lawsuit over Google’s library book scanning project but he also endorsed the fair use defence of Google.
While Google is happy yet Authors Guild is not satisfied with the decision and plans to appeal against the judgment.
Further, the decision is confined to the territorial jurisdiction of United States alone and institutions and authors at other places can still sue Google for violating the copyright of the concerned person in their own jurisdictions.
The concept of fair use is a trick issue and a supportive ruling in favour of Google in other jurisdictions may not be possible especially where the technology is not well adopted and used.
The commercial exploitation of the copyrighted contents picked by Google without copyright holder’s approval is also a major factor that may go against Google in various jurisdictions. Nevertheless Google has won the first round of litigation, at least in US.