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
Kirby Ferguson, who created the remarkable Everything is a Remix series, has a new podcast hosted by the Recreate Coalition called Copy This and he hosted me on the debut episode (MP3) where we talked about copying, creativity, artists, and the future of the internet (as you might expect!).
James Cawley is a 50 year old Elvis impersonator from Ticonderoga, NY; his friend William Ware Theiss was costume-designer for the original Star Trek series, and left Cawley the blueprints for the original Star Trek Enterprise sets in his will — so Cawley rented out a 13,000 sqft shuttered supermarket and built an exquisite replica […]
In much of the world, copyright ends 50 years after the creator’s death, in some of the rest of the world, it ends 70 years after the creator’s death; in the USA, things have stopped going into the public domain until 2019 (unless America decides to retroactively extend copyright…again!).
These days, there’s definitely no shortage of touchscreen gloves available, but the key is finding ones that consistently work well. These iGloves Touchscreen Gloves are super reliable, and are on sale for just $11.99.Super comfortable and functional, these gloves will keep your hands warm and still let you use any touchscreen, from phones to tablets. The iGloves’ […]
The Black Friday Mac Bundle 2.0 is one of the Boing Boing Store’s best-selling Mac bundles yet, and it’s about to come to an end. If you don’t get your copy now, here’s what you’ll be missing:This bundle comes packing 9 top-rated Mac apps in one package, at the hugely discounted price of just $23.99. […]
The Boing Boing Store’s Gift Guide is full of ideas for pretty much anyone in your life like hipster ice cub trays, Xbox controllers, Halo Boards, and even diamond necklaces. As always, all products in the Boing Boing Store come at great discounts, too. Shop by price bucket starting at under $20. Under $20:Bloxx Jumbo Ice Trays […]