robertjbernsteinblog post on December 6, 2014
I have uploaded in the above file my report on the oral argument in AG v. Google before the Second Circuit (Honorable Jose A. Cabranes, the Honorable Pierre N. Leval, and the Honorable Barrington D. Parker) on Wednesday, December 3, 2014. This report is designed to provide a detailed exposition of the oral argument as it unfolded in real time, and hopefully will be of interest to those who follow copyright law but were unable to attend the oral argument. As set forth at the outset of the report in its disclaimer section, the readers should be aware that I represented as co-counsel, with fellow co-counsel Peter Jaszi and lead counsel Daniel F. Goldstein, the intervenors (National Federation of the Blind, and three print-disabled students and scholars) in AG v. HathiTrust in both the Southern District and Second Circuit. Notwithstanding such involvement, I have endeavored in this report to objectively set forth the statements, questions and comments as they occurred. The readers may judge for themselves whether I have succeeded when the transcript/CD of the argument becomes available.