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
Vince Weaver is reimplementing Portal — “the cake acquisition simulator released in 2007” — to the Apple II series of computers, bit by bit — inspired by the fact that the Apple II hires mode has “the perfect Aperture Science orange and blue colors.” He’s released a disc image of the game in Apple Basic, […]
We’ve followed Annalee Newitz’s career here for more than a decade, from her science writing fellowship to her work as an EFF staffer to her founding of IO9 and her move to Ars Technica and the 2013 publication of her first book, nonfiction guidance on surviving the end of the world and rebooting civilization: now, I’m pleased to present an exclusive excerpt from Autonomous, her debut novel, which Tor will publish in September 2017, along with the first look at her cover, designed by the incomparable Will Staehle. As her editor, Liz Gorinsky, notes, “Autonomous takes an action-packed chase narrative and adds Annalee’s well-honed insight into issues of AI autonomy, pharmaceutical piracy, and maker culture to make a book that’s accessible, entertaining, and ridiculously smart.” I’m three quarters of the way through an early copy, and I heartily agree.
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