The Electronic Frontier Foundation's Kurt Opsahl analyzes an important declaratory judgment from a Nevada federal court, which held that excerpting news articles in online postings was fair use.
Judge Roger Hunt’s judgment confirms that an online forum is not liable for its users’ posts, even if it was not protected by the safe harbors of the Digital Millennium Copyright Act’s notice and takedown provisions. The decision also clarifies that a common practice on the Internet – excerpting a few sentences and linking to interesting articles elsewhere – is a fair use, not an infringement of copyright.
The case is a remnant of the Righthaven copyright troll campaign, in which a newspaper owner and a lawyer formed a venture to get rich by shaking down websites. It's ended in bankruptcy, loss of investment, and an investigation from the Nevada bar.
Court Declares Newspaper Excerpt on Online Forum is a Non-Infringing Fair Use
This week, the scholarly publishing giant Elsevier filed suit against Sci-Hub and Library Genesis, two sites where academics and researchers practiced civil disobedience by sharing the academic papers that Elsevier claims — despite having acquired the papers for free from researchers, and despite having had them refereed and overseen by editorial boards staffed by more […]
Sarah Jeong had me standing up and cheering with her comparison of kudurrus — the ancient Mesopotamian boundary stones used to mark out territorial land-grants — and the way that laws like the US DMCA protect digital rights management systems.
Mélanie Joly is the newly appointed Canadian Heritage Minister, and she’s been given a briefing book by her ministerial staffers laying out the ministry’s view of what’s going on in the Heritage brief. The book’s copyright section is a disaster.
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