You need to go back and reread the judgements in the case
They deal with all the mistakes you make in understanding how copyright applies; what it applies to; how defences to copyright violations are established, and weighed up. Really worthwhile.
Here, I'll even link the appeal judgements for you:
Worth a read just for the introductions, alone. These stand, unless the Supremes overrule. I can see them weighing in because they often do when circuits differ on precedent (as applies here). But it's worth pointing out only the 1st circuit favours Google's position here. These rulings are according the 9th's, but a few others conform.