I'm really surprised that so many people trust Google so implicitly that they'd relinquish their choice of not using a site when it appears in Google search results - in favor of letting Google deciding whose business practices deserve their being listed at all.
Especially when it comes down to a site allowing fair use of their content.
From what I can gather, Google can and does penalize sites that show copyrighted content even when the site has very legitimate fair use claims. DMCA notices are never served and never appear on chillingeffects.org. The sites aren't even delisted, as described in Google's "Transparency Report"[1], but rather moved to lower and lower positions in the search results. Google will never acknowledge that the site is being penalized, and it seems that completely removing the "offending" content won't resolve it. (Source: personal experience.)
Especially when it comes down to a site allowing fair use of their content.
From what I can gather, Google can and does penalize sites that show copyrighted content even when the site has very legitimate fair use claims. DMCA notices are never served and never appear on chillingeffects.org. The sites aren't even delisted, as described in Google's "Transparency Report"[1], but rather moved to lower and lower positions in the search results. Google will never acknowledge that the site is being penalized, and it seems that completely removing the "offending" content won't resolve it. (Source: personal experience.)
[1] http://www.google.com/transparencyreport/removals/copyright/...