[net-gold] BUSINESS: CORPORATIONS: NAMED CORPORATIONS: GOOGLE : LAW: CASES : BOOKS: ELECTRONIC BOOKS : EDUCATION: COLLEGE: No Authors Have Been Harmed in the Making of This Library
- From: "David P. Dillard" <jwne@xxxxxxxxxx>
- To: Net-Gold -- Educator Gold <Educator-Gold@xxxxxxxxxxxxxxx>, Educator Gold <Educator-Gold@xxxxxxxxxxxxxxxx>, net-gold@xxxxxxxxxxxxx, Net-Gold <Net-Gold@xxxxxxxxxxxxxxx>, NetGold <netgold@xxxxxxxxxxxxxxx>, Net-Gold <net-gold@xxxxxxxxxxxxxxxx>, K-12ADMINLIFE <K12ADMIN@xxxxxxxxxxxxxxxxxxx>, K12AdminLIFE <K12AdminLIFE@xxxxxxxxxxxxxxx>, MediaMentor <mediamentor@xxxxxxxxxxxxxxx>, Digital Divide Diversity MLS <mls-digitaldivide@xxxxxxxxxxxxxxx>, NetGold <netgold@xxxxxxxxxxxxxxxx>, Net-Platinum <net-platinum@xxxxxxxxxxxxxxx>, Sean Grigsby <myarchives1@xxxxxxxxxxxxxxx>, Net-Gold <NetGold_general@xxxxxxxxxxxxxxxxx>, Temple Gold Discussion Group <TEMPLE-GOLD@xxxxxxxxxxxxxxxxxxx>, Temple University Net-Gold Archive <net-gold@xxxxxxxxxxxxxxxxxxx>, Health Lists -- Health Diet Fitness Recreation Sports Tourism <healthrecsport@xxxxxxxxxxxxxxxx>, Health Diet Fitness Recreation Sports <healthrecsport@xxxxxxxxxxxxxxx>, HEALTH-RECREATION-SPORTS-TOURISM@xxxxxxxxxxxxxxxxxxx
- Date: Tue, 20 Sep 2011 07:41:00 -0400 (EDT)
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BUSINESS: CORPORATIONS: NAMED CORPORATIONS: GOOGLE :
LAW: CASES :
BOOKS:
ELECTRONIC BOOKS :
EDUCATION: COLLEGE:
No Authors Have Been Harmed in the Making of This Library
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No Authors Have Been Harmed in the Making of This Library
Deeplink by Corynne McSherry
September 15th, 2011
Electronic Frontier Foundation
http://www.eff.org/deeplinks/2011/09/
no-authors-have-been-harmed-making-library
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A shorter URL for the above link:
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http://tinyurl.com/42uaq2h
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Weve been puzzling over the Authors Guilds decision to sue several
university libraries for participating in the digitization and storage of
millions of works (largely in connection with the Google Books project)
and making scans of some of those works available to the academic
community. Simply put, it appears that the Guild is dead set on wasting
time and money addressing imaginary harms, whether or not its efforts
might actually benefit either its members or the public.
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If the case, called Authors Guild, et al v. HathiTrust, et al, was filed
in order to strengthen the Guilds position in negotiations with Google or
the libraries, we find it hard to believe it will provide much leverage.
For one thing, the issue of the legality of the digital scans is already
being litigated in the Authors Guild v. Google case: hiring more lawyers
to fight the same issue isnt likely to scare anyone. And, to the extent
the libraries activities are different than Googles, the fair use case for
the libraries is only stronger than it was for Google. The libraries are
making copies for noncommercial purposes, using no more than necessary,
and cant possibly be harming book sales or licensing given that they only
make public domain works available to the public. Public domain books are
outside copyright. Full stop. So theres no copyright left to sue over.
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For works that are still in copyright, the libraries simply provide
factual information about the books, which also isnt infringing, so theres
no harm there either.
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Instead, the Guild makes much of imminent plans to make a small set of
orphan works (i.e., in-copyright works where the rightsholder cannot be
found) available to the university community but heres where the Guilds
standing problem arises. None of the owners of those works are part of the
lawsuit. The Guild cannot sue on behalf of people who arent members, and
who arent even known. Since it filed the lawsuit, the Guild has managed to
identify a few potential rightsholders that the libraries had categorized
as orphans, but they are still not parties to the lawsuit (and the
libraries are pulling them from the list, as was always promised if a
potential rightsholder came forward). To top it off, most of the
defendants are state institutions, and therefore cannot be held liable for
money damages for copyright infringement
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The complete article may be read at the URL above.
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Sincerely,
David Dillard
Temple University
(215) 204 - 4584
jwne@xxxxxxxxxx
http://daviddillard.businesscard2.com
Net-Gold
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General Internet & Print Resources
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COUNTRIES
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EMPLOYMENT
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DISABILITIES
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INDOOR GARDENING
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Educator-Gold
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K12ADMINLIFE
http://groups.yahoo.com/group/K12AdminLIFE/
The Russell Conwell Learning Center Research Guide:
THE COLLEGE LEARNING CENTER
http://tinyurl.com/yae7w79
Nina Dillard's Photographs on Net-Gold
http://tinyurl.com/36qd2o
and also http://gallery.me.com/neemers1
http://www.flickr.com/photos/neemers/
Twitter: davidpdillard
Bushell, R. & Sheldon, P. (eds),
Wellness and Tourism: Mind, Body, Spirit,
Place, New York: Cognizant Communication Books.
Wellness Tourism: Bibliographic and Webliographic Essay
David P. Dillard
http://tinyurl.com/p63whl
http://tinyurl.com/ou53aw
INDOOR GARDENING
Improve Your Chances for Indoor Gardening Success
http://tech.groups.yahoo.com/group/IndoorGardeningUrban/
http://groups.google.com/group/indoor-gardening-and-urban-gardening
SPORT-MED
https://www.jiscmail.ac.uk/lists/sport-med.html
http://groups.google.com/group/sport-med
http://groups.yahoo.com/group/sports-med/
http://listserv.temple.edu/archives/sport-med.html
HEALTH DIET FITNESS RECREATION SPORTS TOURISM
http://health.groups.yahoo.com/group/healthrecsport/
http://groups.google.com/group/healthrecsport
http://healthrecsport.jiglu.com/
http://listserv.temple.edu/archives/health-recreation-sports-tourism.html
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Please Ignore All Links to JIGLU
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The Net-Gold relationship with JIGLU has
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http://groups.yahoo.com/group/Net-Gold/message/30664
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- » [net-gold] BUSINESS: CORPORATIONS: NAMED CORPORATIONS: GOOGLE : LAW: CASES : BOOKS: ELECTRONIC BOOKS : EDUCATION: COLLEGE: No Authors Have Been Harmed in the Making of This Library - David P. Dillard
