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"Public domain" is a legal term associated with copyright law. It has nothing to do with availability, distribution, accessibility or similar.
In other words, anything that isn't explicitly protected by copyright is in the public domain.
The US Judge did rule that displaying snippets is "transoformative" and permitted under fair use guidelines.
copyright law is what it is, not what you might want it to be.
Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.
The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
-The nature of the copyrighted work
-The amount and substantiality of the portion used in -relation to the copyrighted work as a whole
-The effect of the use upon the potential market for, or value of, the copyrighted work