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Books The Courts United States Your Rights Online

Appeals Court Finds Scanning To Be Fair Use 34

NewYorkCountryLawyer (912032) writes In Authors Guild v Hathitrust, the US Court of Appeals for the Second Circuit has found that scanning whole books and making them searchable for research use is a fair use. In reaching its conclusion, the 3-judge panel reasoned, in its 34-page opinion (PDF), that the creation of a searchable, full text database is a "quintessentially transformative use", that it was "reasonably necessary" to make use of the entire works, that maintaining four copies of the database was reasonably necessary as well, and that the research library did not impair the market for the originals. Needless to say, this ruling augurs well for Google in Authors Guild v. Google, which likewise involves full text scanning of whole books for research.
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Appeals Court Finds Scanning To Be Fair Use

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Computers are unreliable, but humans are even more unreliable. Any system which depends on human reliability is unreliable. -- Gilb