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Google Book Search Settlement and Fair Use Compared

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Uploaded on Jul 20, 2009

This series of videos analyzes the Google Book Search Settlement announced on October 28, 2008. The U.S. District Court for the Southern District of New York will conduct a final fairness hearing for the class-action settlement beginning on October 7, 2009.

In this series of videos compare the Settlement to the most likely outcome of the litigation it resolves. I explore this counterfactual in three parts. (1) I assess the extent to which Googles assertion of fair use has trumped the copyright owners claim of copyright infringement. (2) I review the essential features of the Settlement Agreement. (3) I compare the Settlement to the likely outcome under the fair use doctrine.

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