Google Books Defeats Copyright Lawsuit Using 512(c)–Avdeef v. Google

18 11 2015

Technology & Marketing Law Blog

September 2, 2015

Eric Goldman

In parallel, we have seen occasional minor side challenges to Google Books, such as this suit by Stephen Matthew Avdeef. (The following facts are distilled from the court’s statement of “summary judgment evidence”). Avdeef self-published a novel, “The Last Breath of Mars,” through LuLu Press. In 2006, LuLu uploaded the novel to Google Books. Per LuLu’s license agreement with Google, Google initially allowed visitors to preview 10% of the novel, which it later increased to 20%. Avdeef first objected to the preview’s operation in 2007 but nothing happened. Avdeef complained to Google again in 2012. Google then responded by turning off the preview altogether. Google generated $0.27 in advertising revenue from displaying ads on the novel’s preview page.


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