Pamela Samuelson writes for The Chronicle of Higher Education, Oct. 27, 2015
The guild argues that the ruling deprives authors of licensing revenues that were sought as a remedy for Google’s use of in-copyright books. But the appellate court was unpersuaded by the guild’s licensing theory, because, it said, what matters for purposes of fair-use analysis is whether snippets displace the market for books, which the court held they do not.