You can analogize the Betamax user to Google. Here, Google is making a complete copy for the purpose of presenting snippets to users. The Google presentation of snippets (not the user's access of the snippets) is the fair use that is like the time shifting in Betamax. Google is "librarying" complete copies, but is not selling them or displaying them in competition with the book copyright holder. Google's complete copies are (probably) commercial, but that's not dispositive as to the fair use inquiry for this first step. MP3 is quite different -- there, the service was making complete copies available to the public. I'll stop saying Netcom soon, but it seems to me like a very similar move. Sure, there's strict liability for infringement. But bringing it to bear in this context would be nonsensical.