Different appeals concerning different issues. The first one was over the outcome of the first trial.
When the Supreme Court did not step in and overturn CAFC's overturning of the first trial, there was a second trial to determine whether Google's use was fair use. The first trial had not reached that issue.
The trial court said it was, CAFC overturned that. This present appeal is on that issue.
When the Supreme Court did not step in and overturn CAFC's overturning of the first trial, there was a second trial to determine whether Google's use was fair use. The first trial had not reached that issue.
The trial court said it was, CAFC overturned that. This present appeal is on that issue.