A landmark fair use ruling: a judge in the Southern District Court of New York has ruled that Google's program of scanning books for libraries, and giving them copies to use for full-text search is fair use. The suit was brought by the Authors' Guild against the Hathitrust Digital Library, which holds the digital books for the library. Timothy B Lee does a good job summing up the judgment and its implications for Ars Technica:
"The use to which the works in the HDL are put is transformative because the copies serve an entirely different purpose than the original works: the purpose is superior search capabilities rather than actual access to copyrighted material," wrote Judge Baer. "The search capabilities of the HDL have already given rise to new methods of academic inquiry such as text mining." Similarly, Judge Baer noted, the scanning program allows blind readers to read the books, something they can't do with the original.
Also key is the fourth factor: the impact on the market for the works. While a book search engine obviously doesn't undermine the market for paper books, the authors had argued that a finding of fair use would hamper their ability to earn revenue by selling the right to scan their books. But Judge Baer rejected this argument as fundamentally circular. He quoted a previous court decision that made the point: "Were a court automatically to conclude in every case that potential licensing revenues were impermissibly impaired simply because the secondary user did not pay a fee for the right to engage in the use, the fourth factor would always favor the copyright owner."
Court rules book scanning is fair use, suggesting Google Books victory
US court records are not copyrighted, but the US court system operates a paywall called “PACER” that is supposed to recoup the costs of serving text files on the internet; charging $0.10/page for access to the public domain, and illegally profiting to the tune of $80,000,000/year.
Semihandmade started out as a Los Angeles cabinetmaker called “Handmade,” but when they got a commission to design aftermarket doors for a cheap and surprisingly robust set of Ikea kitchen cabinets, they realized that they could supply excellent-looking, high-spec kitchens at a tiny price by just manufacturing replacement doors for Ikea’s ubiquitous cabinetry.
The mystery of yesterday’s India-wide censorship orders which blocked the Internet Archive from the world’s largest democracy has been solved: it was the result of complaints by two Bollywood studios, Prakash Jha Productions and Red Chillies Entertainment, who chose to target infringing copies of their movies by securing an injunction at the High Court of […]
The Pry.Me Bottle Opener holds tens of thousands of times its own weight, and you can pick one up now from the Boing Boing Store.This remarkable keychain is considerably smaller than any of your keys, but don’t let that fool you: it can easily open any bottle, and could even tow a trailer full of […]
Guaranteeing your privacy online goes way beyond checking the “Do Not Track” option in your browser’s settings. To ensure that your internet activity is totally hidden from Internet Service Providers, advertisers, and other prying eyes, take a look at Windscribe’s VPN protection. It usually costs $7.50 per month, but you can get a 3-year subscription […]
This project management bundle will help you get organized and learn how to lead a team to success. You can pay what you want for these five courses when you pick them up from the Boing Boing Store.To help you become an invaluable asset for your company, this bundle includes a curated collection of professional […]