Last September 23rd, the summary judgment faced “Google Books” and “Authors Guild. The trial was based on the Authors Guild claim established on September, 2005 against Google because of its library book scanning project.
Authors Guild, represented by their attorney Ned Rosenthal, argued that Google Books infringed copyright in many works, taking away those rights to its own benefit without paying them.
Besides, during the proceedings Authors Guild said that Google has engaged in a massive campaign of copying books, which could affect both actual and potential markets for copyrighted books, encouraging lectors to go to Google web site instead of going to web sites such as ‘Amazon’, with whom the rightsholders have licensed the right to scan books.
According to its web site, Google, represented by the attorney Daralyn Durie, argues that “Google Books helps you to search within and discover books, not download or read books without paying for them”.
Moreover, they say that the reproduction of books is fair use, because the digitization provides great benefit to the public and that there is no evidence of market harm to copyright owners, because they offer lectors opportunities to search and buy books, helping authors and editors to increase their incomes.
Judge Denny Chin is in charge of the trial and if he pleads Google Books guilty, it will have to pay a millionaire amount of money, besides the project will probably have to be closed.
However, in several occasions Judge Denny Chin positively inclined towards Google showing the benefits of their data base, like the fact that users are more likely to find a book on Google and eventually purchase it.
Eight years after the beginning of this case, the question heads toward resolution, even though when Judge Denny Chin will rule is still unknown.
Written by: Alejandra Rosero
Source:
http://the1709blog.blogspot.com.es/
Imagen: Google, INC.
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