>two of the factors are the amount and substantiality of what's taken and the effect on any market books.google.com has been allowed to copy all the books they

>two of the factors are the amount and substantiality of what's taken and the effect on any market books.google.com has been allowed to copy all the books they can lay their hands on, so long as they don't regurgitate them in full, so it's not really the taking, but any subsequent reproductions. And the effect on the market is insubstantial if the alternative wasn't going to be the equivalent sales.