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Google Print And Fair Use
From: David Farber <dave () farber net>
Date: Tue, 25 Oct 2005 14:41:40 -0400
Begin forwarded message: From: Seth Finkelstein <sethf () sethf com> Date: October 25, 2005 2:26:38 PM EDT To: David Farber <dave () farber net> Cc: Ip Ip <ip () v2 listbox com>, lauren () vortex org Subject: Google Print And Fair Use Dave, there's a particularly extensive and provocative analysis of these issues at the following site:http://scrivenerserror.blogspot.com/2005/09/procedure-geek-looks-at- authors-guild.html http://scrivenerserror.blogspot.com/2005/09/authors-guild-v- google-2.html http://scrivenerserror.blogspot.com/2005/10/authors-guild-v-google-3- still-more.html http://scrivenerserror.blogspot.com/2005/09/authors-guild-v- google-4.html http://scrivenerserror.blogspot.com/2005/10/ignoring-that-fifth-fair- use-factor.html http://scrivenerserror.blogspot.com/2005/10/authors-guild-v-google-5- fair-use.html http://scrivenerserror.blogspot.com/2005/10/authors-guild-v-google-6- was-there.html http://scrivenerserror.blogspot.com/2005/10/authors-guild-v-google-7- way-things.html http://scrivenerserror.blogspot.com/2005/10/authors-guild-v-google-8- other-shoe.html http://scrivenerserror.blogspot.com/2005/10/authors-guild-v-google-9- of-chickens.html
[Hat tip: http://blogs.law.harvard.edu/cmusings/2005/10/20#a1444 ] Some excerpts: "Admittedly, this doesn't look a whole lot like the analysis [of thumbnail images]. That is primarily because, as I've tried to make clear, this case isn't [about thumbnail images]. ... it is not based on materials merely gathered, but for which substantial and conscious copying must occur for any of the three "uses"; it is not based upon reuse of materials in exactly the same form, medium, and purpose/function as provided by the copyright holder; and does not concern a well-delineated final use and presentation." "The real problem here is inherent market failure at the boundaries of intellectual property, which itself has several dimensions. ... Throw in grossly unbalanced initial power and economic resource allocations and information asymmetries that would be laughed off a law-school final exam as completely implausible, stir in the disjuncture between copyright (and, for that matter, patent and trademark) duration and both the perceived rate of Progress and lengthening lifespans, and we have the ingredients for a swirling brew of conflicts troubled by hotspots no amount of stirring seems able to disspell." -- Seth Finkelstein Consulting Programmer http://sethf.com Infothought blog - http://sethf.com/infothought/blog/ Interview: http://sethf.com/essays/major/greplaw-interview.php ------------------------------------- You are subscribed as lists-ip () insecure org To manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/
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