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
When Oracle bought Sun Microsystems, they acquired Java, Sun’s popular programming language, pitched from its inception as an open standard for the networked computer.
For more than four years, we’ve been writing about Prenda Law, a prolific copyright troll (that is, a company that sends dire legal threats and demands for money to people they accuse of copyright infringement, based on the flimsiest of evidence), whose conduct is so breathtakingly illegal that it feels like satire or performance art […]
Ewan McGee writes, “Creators of the YouTube channel H3H3 productions are being sued by the creator of the YouTube channel MattHossZone for showing/talking about one of his ‘pick up’ videos. YouTuber Philip DeFranco talks about the story in his YouTube show, sets up a GoFundMe page for the creators of H3H3 to help them with […]
If you want to add some real firepower to your programming repertoire, learn Java–one of the most adaptable, widely-used programming platforms around. You can easily do that with this Ultimate Java bundle, now just $69 in the Boing Boing Store.Across 14 lectures and 117 hours of content, the educators at online academy eduCBA will walk you through […]
Every company wants to harness the power of social media, but few understand how to make that happen. Be one of those select few with this Social Media Marketing Course & Certification package, now just $29 in the Boing Boing Store.Over 12 modules of course material, you’ll learn what it takes to increase a brand’s […]
If you’ve got a killer app idea, but don’t have the technical expertise to pull it off, get a crash course in all things app development with the Comprehensive Android Development Bundle, now over 90% off in the Boing Boing Store. Across 83 hours of training, you’ll learn to develop for the world’s most popular mobile OS, mastering […]