Well, well. I wrote a message to all who would post today about how publishers sue Google adjustment for scanning book was a downside - they do not have a complete judgment on whether the proposed exploration book was fair use. Now I have to abandon the post because before I had the chance to kill the judge in a similar / related - filed by the Authors Guild against HathiTrust, a consortium of universities that seek to digitize their libraries - found that book digitization effort was obviously fair use. Judge Harold Baer is very clear that this is a use quite fair when you look at the details:

While I agree that the facts in this case may be in some unprecedented levels, I am confident that fall safely with the protection of fair use to there is no genuine issue of material fact.

I can not imagine a definition of fair use would not cover the processor uses CDM made by the defendants and required to complete this valuable contribution to the advancement of science and culture arts

if the ideals espoused conducted by the ADA.

In other words, when you look at this project, it should be obvious which is on track in many ways, thereby promoting progress. The judge relied heavily on one of my favorite fair use case that I often use to debunk some misconceptions that people have about fair use. Those who do not know the law, often insist that there can be a reasonable use if (a) all the work is used, or (b) is used in a commercial environment. However, as Bill Graham Archives case showed Dorling Kindersley v or point must be true (even though they may influence how the factors are considered fair use). In this case, even if there were commercial elements and the complete works have been "used" they have been scanned, the court stated that use was obviously a useful transformation.

use transformer may be that actually changes the original work. However, the transformer can also be used which serves a completely different purpose .... The use of the work put in HDL is transformative because the copies have a completely different purpose from the original: the goal is to research capacity higher than the effective access to copyrighted materials. Research capacity of HDL have already led to new methods of academic research text mining

The judge also, thankfully, pointed out that the HathiTrust not "n ' nothing new "in the work itself" loses consciousness "because each scan" has a different function of the original work. "


The judge also rejected the claim that any exploration "affects the market" to work - which is another key factor. While some would argue that any activity "affects the market," since any use limits the possibility of a license, the court (thankfully) acknowledges that this argument is ridiculously broad and meaningless. On the other hand, emphasizes that applicants must demonstrate real damage course, the details in the costume of Google scanning books are

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