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
Larkin Jones is a hardcore Pokemon fan who loses money every year on his annual Pokemon PAX party; he makes up the shortfall from his wages managing a cafe. This year, Pokémon Company International sued him and told him that even though he’d cancelled this year’s party, they’d take everything he had unless he paid […]
It’ll go from 20 years from publication to 70 years after the photographer’s death, and it’s retroactive, meaning that millions of presently public domain photos reproduced online and in books will suddenly become copyright violations with gigantic penalties for all concerned.
The Kindle Fire comes with a SDXC card slot that outclasses every other tablet in its price range, accommodating storage cards that can hold as much as 128GB of media — but it won’t read ebooks from the slot.
Power up your gadgets in the most unexpected places with the extremely compact SolarJuice battery pack. SolarJuice charges up at home like your average battery pack, but also lets you add extra juice on-the-go using its built-in solar panel—so you’ll never be left unplugged from the digital world.4.5 Stars on Amazon!Simultaneously charges 2 devices at […]
Hold your camera to higher standards with the brand-new iBlazr 2, the most advanced LED flash to date. Simply attach to your smartphone, tablet, or DSLR camera. Conveniently sized and wireless, this premium flash will let you easily take amazing photos in low light situations. It’s a literal snap to use: simply attach to your […]
Moment of truth: Is “Microsoft Office Expert” on your resume, but not totally accurate? This pay what you want bundle will not only help you brush up on old skills, but teach you advanced techniques that will impress your current and future boss. From intricate Excel formulas to Outlook organization hacks, you’ll not only boost […]