Jugement Google Books sur le Fair Use

usnc SDN.l' ··DOC{]M~NT UNITED STATES DISTRICT COURT ELECTRON[C~LL¥ ·FILEDSOUTHERN DISTRICT OF NEW YORK DOC#:_____~"'I-""--.... -x DATE FltEJ): II 11'1113 v , THE AUTHORS GUILD, INC., and BETTY MILES, JOSEPH GOULDEN, and JIM BOUTON, on behalf of themselves and all others similarly situated, OPINION Plaintiffs, 05 Civ. 8136 (DC) - against GOOGLE INC., Defendant. - -x APPEARANCES: (See last page) CHIN, Circuit Judge Since 2004, when it announced agreements with several major research libraries to digitally copy books in their collections, defendant Google Inc. ("Google") has scanned more than twenty million books. It has delivered digital copies to participating libraries, created an electronic database of books, and made text available for online searching through the use of "snippets." Many of the books scanned by Google, however, were under copyright, and Google did not obtain permission from the copyright holders for these usages of their copyrighted works. As a consequence, in 2005, plaintiffs brought this class action charging Google with copyright infringement. ­ Before the Court are the parties' cross-motions for summary judgment with respect to Google's defense of fair use under § 107 of the Copyright Act, 17 U.S.C. § 107. For the reasons set forth below, Goggle's motion for summary judgment is granted and plaintiffs' motion for partial summary judgment is denied.