Hathitrust Wins Authors Guild, Inc. et al. v. Hathitrust et al. Case

James Grimmelmann reports in "HathiTrust Wins" that Hathitrust has won the Authors Guild, Inc. et al. v. Hathitrust et al. case .

Here's an excerpt:

On every substantive copyright issue, HathiTrust won:

  • Section 108 on library privileges doesn't limit the scope of fair use.
  • A search index and access for the print-disabled are both fair uses.
  • Search indexing is a transformative use.
  • The libraries aren't making commercial uses, even though they partnered with Google to get the scans.
  • The plaintiffs haven't proven that HahiTrust is creating any security risks.
  • There is no market for scanning and print-disabled access, nor is one likely to develop.
  • UM is required under the ADA to provide equal access to the print-disabled, and is allowed to under Section 121 of the Copyright Act.

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