Supreme Court Declines to Hear Google Books Case

Yesterday, the U.S. Supreme Court denied the petition for writ of certiorari submitted by the Authors Guild in their case against Google Books. In their petition, the Authors Guild had argued that the Second Circuit had “upended the meaning of the phrase ‘transformative use’ employed by” the Supreme Court in an earlier case and had “effectively nullified the four statutory fair-use factors set forth by Congress, including any real analysis under the fourth factor of the market harm to rightsholders caused by Google Books and by its many likely imitators” (pages 3-4 of the Petition). Now that the Supreme Court has declined to hear the case, the Second Circuit’s original decision affirming the fact that Google’s actions meet the requirements of the fair use doctrine.

You can read more about the case and the statements from the parties in the wake of the Supreme Court’s action in the New York Times.