"Unfortunately, as we all know, Google caved in that lawsuit and
settled -- though, now we're watching as many are challenging
whether the settlement terms are legal or reasonable. I still think
Google should have stuck with the pure fair use defense, showing
that its use was transformative and different - similar to just
indexing websites for linking purposes. Not only is it unfortunate
that Google gave this up, because it's one less strong precedent
over fair use, but it's now opened up the ridiculous claims by a
bunch of other industries (newspapers, recording) demanding that
Google "settle" with them as well, and hand over cash."