Archive for the 'Digital Copyright Wars' Category

"The Economics of Book Digitization and the Google Books Litigation"

Posted in Copyright, Digital Copyright Wars, Google and Other Search Engines, Mass Digitizaton on June 14th, 2016

Hannibal Travis has self-archived "The Economics of Book Digitization and the Google Books Litigation."

Here's an excerpt from the announcement:

This piece explores the digitization and uploading to the Internet of full-text books, book previews in the form of chapters or snippets, and databases that index the contents of book collections. Along the way, it will describe the economics of copyright, the "digital dilemma," and controversies surrounding fair use arguments in the digital environment. It illustrates the deadweight losses from restricting digital libraries, book previews, copyright litigation settlements, and dual-use technologies that enable infringement but also fair use.

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    "After Copyright Win, GSU Seeks $3.3 Million from Publishers "

    Posted in Copyright, Digital Copyright Wars, Research Libraries on May 3rd, 2016

    Andrew Albanese has published "After Copyright Win, GSU Seeks $3.3 Million from Publishers" in Publishers Weekly.

    Here's an excerpt:

    After winning a key copyright decision, attorneys for Georgia State University want the publishers who brought the suit to pay more than $3.3 million dollars in fees and costs.

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      "Policy: Google Books: The Final Chapter?"

      Posted in Copyright, Digital Copyright Wars, Google and Other Search Engines, Publishing on April 29th, 2016

      Walt Crawford has published "Policy: Google Books: The Final Chapter?" in Cites & Insights: Crawford at Large.

      Here's an excerpt:

      On Monday, April 18, 2016, the U.S. Supreme Court declined to hear the Authors Guild appeal of a district court decision finding, once again, that Google Books Search is fair use. . . .

      That should be the final chapter in this decade-long epic case, and maybe I should stop right here.

      But let's look at a couple of the early commentaries after the denial (two of many), then go back for the usual chronological citations and notes on items since the last coverage of this legal marathon. The question mark in the essay's title? Well, the Authors Litigation Guild (the middle word isn't part of the name, but maybe it should be) seems as incapable of admitting defeat as it apparently is of recognizing that it only represents the interests of a few hundred or few thousand writers. And, of course, there's the enticing if unlikely counter possibility: what if Google asked to recover its legal costs, which must surely be in the millions of dollars?

      See also: “Google Case Ends, but Copyright Fight Goes On.”

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        Developments in the Authors Guild v. Google and Cambridge University Press v. Patton (GSU E-Reserves) Cases

        Posted in Copyright, Digital Copyright Wars on April 19th, 2016

        The Supreme Court has declined to hear an appeal of the Authors Guild v. Google case, leaving in place the 2015 ruling by the United States Court of Appeals 2nd Circuit in favor of Google.

        See: "Supreme Court Rejects Google Books Appeal."

        Judge Orinda Evans has issued a remand decision in the Cambridge University Press v. Patton case that significantly reduces the number counts that the plaintiffs prevailed on.

        See: "Publishers' Loss in GSU Copyright Case Just Got a Little Worse."

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          "A Spiritual Successor to Aaron Swartz Is Angering Publishers All Over Again"

          Posted in Copyright, Digital Copyright Wars, Open Access, Publishing on April 7th, 2016

          David Kravets has published "A Spiritual Successor to Aaron Swartz Is Angering Publishers All Over Again" in Ars Technica.

          Here's an excerpt:

          Meet Alexandra Elbakyan, the developer of Sci-Hub, a Pirate Bay-like site for the science nerd. It's a portal that offers free and searchable access "to most publishers, especially well-known ones."

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            Cambridge Press v. Georgia State University: "Here We Go Again: Latest GSU Ruling an Odd Victory for Libraries"

            Posted in Copyright, Digital Copyright Wars, Publishing, Research Libraries, Scholarly Journals on April 6th, 2016

            Kevin Smith has published "Here We Go Again: Latest GSU Ruling an Odd Victory for Libraries" in Scholarly Communications @ Duke.

            Here's an excerpt:

            So this ruling, like each ruling in the case, is clearly a disaster for the plaintiff publishers. Once again it establishes that there is significant space for fair use in higher education, even when that use is not transformative. Nevertheless, it is a difficult victory for libraries, in the sense that the analysis it uses is not one we can replicate; we simply do not have access to the extensive data about revenue, of which Judge Evans makes such complex use.

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              "Digital Piracy Debunked: A Short Note on Digital Threats and Intermediary Liability"

              Posted in Copyright, Digital Copyright Wars on March 29th, 2016

              The Center for Internet and Society has released "Digital Piracy Debunked: A Short Note on Digital Threats and Intermediary Liability."

              Here's an excerpt:

              This short paper shows that the "digital threat" discourse is based on shaky grounds. Two related arguments might run against this approach. First, market conditions might incentivise piracy. Additionally, there are raising doubts over the argument that piracy is a threat to creativity, especially in the digital environment.

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                Authors Guild vs. Google on Supreme Court Calendar for April 1

                Posted in Copyright, Digital Copyright Wars, Mass Digitizaton on March 24th, 2016

                According to an article by Andrew Albanese in Publishers Weekly, the Authors Guild vs. Google case is on the Supreme Court's calendar for its April 1 conference.

                See also: "After Latest Filings, Google Case Now in Supreme Court's Hands."

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                  "Google Asked to Remove 100,000 ‘Pirate Links’ Every Hour"

                  Posted in Copyright, Digital Copyright Wars on March 7th, 2016

                  Ernesto Van der Sar has published "Google Asked to Remove 100,000 'Pirate Links' Every Hour" in TorrentFreak.

                  Here's an excerpt:

                  Copyright holders are continuing to increase the number of pirate links they want Google to remove from its search results, which have now reached a record-breaking 100,000 reported URLs per hour. This remarkable milestone is more than double the number of pirated links that were reported around the same time last year.

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                    White Paper on Remixes, First Sale, and Statutory Damages

                    Posted in Copyright, Digital Copyright Wars, Reports and White Papers on February 1st, 2016

                    The Department Of Commerce Internet Policy Task Force has released White Paper on Remixes, First Sale, and Statutory Damages.

                    Here's an excerpt:

                    The U.S. Department of Commerce has played a key role in addressing Internet policy-related issues since it launched the Internet Policy Task Force in April 2010. Two years ago, the Task Force published a Green Paper on Copyright Policy, Creativity and Innovation in the Digital Economy—the most comprehensive assessment of digital copyright policy issued by any Administration since 1995. The review process that culminated in this White Paper serves as a testament to the importance the Administration has placed on the development of updated and balanced copyright law in the digital environment.

                    Read more about it at "The Commerce Department Has Good Recommendations for Fixing Copyright Law —But More Is Needed."

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                      "Fair Use in the Digital Age: Reflections on the Fair Use Doctrine in Copyright Law"

                      Posted in Copyright, Digital Copyright Wars, Google and Other Search Engines on November 16th, 2015

                      The Program on Information Justice and Intellectual Property at the American University Washington College of Law has released a digital video of Judge Pierre N. Leval's "Fair Use in the Digital Age: Reflections on the Fair Use Doctrine in Copyright Law" lecture.

                      Here's an excerpt from the announcement:

                      At the Fourth Annual Peter A. Jaszi Distinguished Lecture in Intellectual Property, Judge Pierre N. Leval of the United States Court of Appeals for the Second Circuit will present a lecture on the role of the fair use doctrine within the structure of copyright law. Judge Leval is responsible for introducing the concept of transformative use to United States fair use jurisprudence and will discuss the development of the doctrine to date. He is the author of the court's opinion in Authors Guild Inc., et al. v. Google, Inc. (October 16, 2015) in which the court held that Google's digitization of copyright-protected works, creation of a search functionality, and display of snippets from those works are non-infringing fair uses. Judge Leval also authored Toward a Fair Use Standard, 103 HARV. L. REV. 1105 (1990).

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                        "Trade Officials Announce Conclusion of TPP—Now the Real Fight Begins"

                        Posted in Copyright, Digital Copyright Wars, Legislation and Government Regulation on October 6th, 2015

                        The EFF has released "Trade Officials Announce Conclusion of TPP—Now the Real Fight Begins" by Maira Sutton.

                        Here's an excerpt:

                        Trade officials have announced today that they have reached a final deal on the Trans-Pacific Partnership (TPP). Their announcement came after a drawn out round of negotiation in Atlanta, Georgia, which was mainly held up around disagreements over medicine patent rules and tariffs over autos and dairy.

                        We have no reason to believe that the TPP has improved much at all from the last leaked version released in August, and we won't know until the U.S. Trade Representative releases the text. So as long as it contains a retroactive 20-year copyright term extension, bans on circumventing DRM, massively disproportionate punishments for copyright infringement, and rules that criminalize investigative journalists and whistleblowers, we have to do everything we can to stop this agreement from getting signed, ratified, and put into force.

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