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
CSIR-Tech is the commercial arm of the Indian government’s Council of Scientific and Industrial Research; after spending ₹50 crore (about USD7.6M) pursuing more than 13,000 “bio-data patents” (patents of no real value save burnishing the credentials of the scientists whose names appear on them), they have run out of money and shut down.
Troy Hunt, proprietor of the essential Have I Been Pwned (previously) sets out the hard lessons learned through years of cataloging the human costs of breaches from companies that overcollected their customers’ data; undersecured it; and then failed to warn their customers that they were at risk.
The World Wide Web Consortium has announced that its members have until April 19 to weigh in on whether the organization should publish Encrypted Media Extensions, its DRM standard for web video, despite the fact that this would give corporations the new right to sue people who engaged in legal activity, from security researchers who […]
The Raspberry Pi Foundation has done outstanding work packing a fully capable desktop computer into a package the size of a deck cards—especially one that only costs $35. But if you already have a working laptop, why should you care? Oh, how much you have to learn. Besides operating well as a compact digital media hub, […]
Custom coffee vessels are the perfect piece of office flair, but it’s just a matter of time before your VOTE FOR PEDRO mug will start to lose its relevant wit. Why not have a new one every day, with whatever silly nonsense you want sticking off the sides? You can save big on your novelty […]
The Lightning port has thus far resisted the cruel fate that befell the headphone jack, and despite rumors that it may be disappearing come iPhone 8, for the present and foreseeable future, Lightning cables are a hot commodity for iPhone users. As such, we must make do in this strange time in which long, glorified […]