The case was heard and the opinion written by Philip Yorke, 1st Earl of Hardwicke, and concerned Fletcher Gyles, a bookseller who had published a copy of Matthew Hale's Pleas of the Crown.
Soon after the initial publication, the publishers Wilcox and Nutt hired a writer named Barrow to abridge the book, and repackaged it as Modern Crown Law.
Around the same time, publishers Wilcox and Nutt paid a writer named Barrow to abridge the book, circulating it under the title Modern Crown Law.
In that case, a publisher attempted to circumvent the rights of the author of Czar Peter the Great by including all three volumes in one and cutting several pages.
[10] Further, the attorneys for the defendants argued that the book was not a direct transcription, but that several chapters had been omitted, while other, original sections had been added to the Wilcox and Nutt publication.
[16] After a week in which the parties were given a chance to make amends outside of court,[17] the book in question was ruled a colourable shortening, created only to circumvent the law,[18] and thus was an infringement of Gyles' printing rights.
[6] In his decision, Hartwicke went counter to the prevailing view that the Statute of Anne should be interpreted very strictly, proclaiming, "I am quite of a different opinion, and that it ought to receive a liberal construction, for it is far from being a monopoly, as it is intended to secure the property of books in the authors themselves, or the purchasers of the copy, as some recompense for their pains and labour in such works as may be of use to the learned world.
The opinion advanced the position that copyright law should serve the public interest by promoting the creation of new educational and useful works, rather than focusing on publishing rights.