From the New York Times:
A recent federal court decision in California might undermine a pillar of defense for Google in its dispute with publishers and authors who are challenging the company’s right to scan books that are still under copyright.
Representatives of publishers and authors who have filed lawsuits against Google over its Book Search program said they believed that the decision raised questions about a case that Google had cited in its defense of the Book Search program.
Some intellectual property lawyers agree. “I think the judge’s decision completely sets up the case the authors have against Google,” said Karen S. Frank, a partner at Howard Rice Nemerovski Canady Falk & Rabkin, a San Francisco law firm, who is not involved in the lawsuit.