The Author’s Guild lost another round to Google books when it sued one of the Libraries which has partnered with Google to digitize its collection. Hathitrust Digital Library (HDL) uses the scanned versions to permit, among other things, blind patrons to access the collection. Judge Baer’s ruling:
“The use to which the works in the HDL are put is transformative because the copies serve an entirely different purpose than the original works: the purpose is superior search capabilities rather than actual access to copyrighted material,” wrote Judge Baer. “The search capabilities of the HDL have already given rise to new methods of academic inquiry such as text mining.” Similarly, Judge Baer noted, the scanning program allows blind readers to read the books, something they can’t do with the original.