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Re:U.S. Supreme Court Denies Google's Request to Appeal Orac... by dragonwriter on Monday June 29, 2015 @07:28PM (#9801856)
> Google can still win this on fair use.

And, even if they lose on fair use, they can appeal the final ruling, including on the question here. There were arguments (including from the Solicitor General) that the Supreme Court should not take this case because the fair use question had not yet been addressed, so its perhaps premature to read into it whether the Supreme Court would take this question up, or how it would rule if it did, were the case otherwise finalized in the lower courts.

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