From a WIred Magazine article:
A federal judge on Wednesday threw out a copyright infringement lawsuit against universities that participated in a massive book-digitization project in conjunction with Google without permission from rights holders.
U.S. District Judge Harold Baer of New York dismissed an infringement lawsuit brought by the Authors Guild and other writers’ guilds, saying the universities had a fair use defense.
The plaintiff had named the University of California, University of Wisconsin, Indiana University, Cornell University and University of Michigan as defendants, being founding organizations of HathiTrust.
This ruling is a vindication of the work of HathiTrust to hold a copy of books digitized by Google and others on behalf of their member libraries.