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Books The Courts United States Your Rights Online

Appeals Court Finds Scanning To Be Fair Use 34

Posted by timothy
from the only-reading-it-for-the-articles dept.
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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  • Needless to say (Score:4, Insightful)

    by Anonymous Coward on Friday June 13, 2014 @08:34PM (#47234115)

    It doesnt bode well for Google as Google are not using scanning for research, they are a publicly listed corporation scanning books to profit from showing the public books and adverts and selling the resulting data to anyone who will pay them with the authors getting 0 compensation.

  • by Anonymous Coward on Friday June 13, 2014 @09:13PM (#47234241)

    Yeah, for a split second there...I read it as: Court finds port scanning to be fair.

    Yes slashdot has a long tradition of failing to use basic literacy and then feeling an overwhelming urge to share this fact with the group.

  • by radarskiy (2874255) on Friday June 13, 2014 @10:29PM (#47234561)

    "So what is the point of scanning and making the info from the scan available if they don't reveal anything from the text?"

    The same point behind card catalogs at the library, or Google: so that you can find sources that have the kind of information you are looking for instead of trying to buy all of the books everywhere on the off chance that any one might have what you are looking for.

  • by LocalH (28506) on Saturday June 14, 2014 @01:36AM (#47235051) Homepage

    The other main reason would be to prepare the work for public release before it's eventual copyright lapse. That's assuming that Google is still around in 500 years (at least the way copyright extensions are handled it'll likely be at least that long).

The perversity of nature is nowhere better demonstrated by the fact that, when exposed to the same atmosphere, bread becomes hard while crackers become soft.