National Post

Google lawsuit over digital books dismissed

- By Sophia Pearson

Google Inc.’ s project to digitally copy millions of books for online searches doesn’t violate copyright law, a federal judge ruled, dismissing an eight-year-old lawsuit against the largest searchengi­ne company.

Google Books provides a public benefit and is a fair use of copyrighte­d material, Judge Denny Chin in Manhattan ruled Thursday. The project, which has scanned more than 20 million books so far, doesn’t harm authors or inventors of original works, Judge Chin ruled.

“Google Books provides significan­t public benefits,” he wrote. “It advances the progress of the arts and sciences, while maintainin­g respectful considerat­ion for the rights of authors and other creative individual­s, and without adversely impacting the rights of copyright holders.”

The decision comes more than two years after he rejected a proposed US$125million settlement in the case filed by the Authors Guild, which represents writers and individual authors. The group sued in 2005 alleging that Google, owner of the world’s most popular search engine, infringed copyrights by scanning and indexing books without writers’ permission.

Google Books digitizes books and transforms expressive text into a comprehens­ive word index that helps researcher­s and others find books, Judge Chin, an appeals judge sitting in U.S. District Court, said in his opinion.

The project has become an important tool for libraries because it makes millions of books searchable by words and phrases, he said.

“Google Books does not supersede or supplant books because it is not a tool to be used to read books,” the judge wrote. “Instead, it adds value to the original.”

Google does not sell the scans it makes of books or sell the snippets of books it displays although the company does benefit from users drawn to the site, he wrote. Writers also benefit because the scanning project could enhance the sales of books, he wrote.

“Google Books provides a way for authors’ works to become noticed, much like traditiona­l in-store book displays,” according to the opinion.

“Many authors have noted that online browsing in general and Google Books in particular helps readers find their work, thus increasing their audiences.”

Google, based in Mountain View, Calif., in October 2012 reached an agreement with five publishers to end their objections to the digital scanning.

The accord allows U.S. publishers to choose whether to make their books and articles available for scanning or have them removed.

The publishers include McGraw-Hill Cos., Pearson Education Inc., Penguin Group USA Inc., John Wiley & Sons Inc. and Simon & Schuster Inc., which is owned by CBS Inc.

“T his has been a long road, and we are absolutely delighted with today’s judgment,” Google said.

“As we have long said, Google Books is in compliance with copyright law and acts like a card catalogue for the digital age, giving users the ability to find books to buy or borrow.”

Sandy Long, a spokeswoma­n for the Authors Guild, didn’t immediatel­y return a phone call seeking comment on the ruling.

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