Archive for the 'Digital Copyright Wars' Category

"The Authors Guild v. Hathitrust: A Way Forward for Digital Access to Neglected Works in Libraries"

Posted in Copyright, Digital Copyright Wars, E-Books, Mass Digitizaton, Publishing on January 30th, 2013

James Aaron has self-archived "The Authors Guild v. Hathitrust: A Way Forward for Digital Access to Neglected Works in Libraries" in SSRN.

Here's an excerpt:

This Comment begins by describing the HathiTrust Orphan Works Project and what it renames the neglected works problem. Next, it examines the legality of the project under current copyright law, focusing mainly on fair use under section 107, and concludes that it is unclear whether the project violates copyright law. Finally it analyzes whether this result fits the policy goals of copyright, and because it does not, proposes both legislative and judicial changes to copyright law to make it clear that in the proper circumstances, nonprofit, educational uses of neglected works do not violate copyright law.

| Google Books Bibliography (XHTML website; over 320 entries) | Digital Scholarship |

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    "Open-Sourcing the Global Academy: Aaron Swartz’s Legacy"

    Posted in Copyright, Digital Copyright Wars, Open Access, Publishing on January 30th, 2013

    Rebecca Gould has self-archived "Open-Sourcing the Global Academy: Aaron Swartz's Legacy" in SSRN.

    Here's an excerpt:

    This essay examines Swartz's Open Access vision, and traces the challenges he faced in carrying out his dream. Arguing that Open Access is the future of scholarship in the digital age, I outline concrete strategies for bringing Swartz's dream to fruition.

    | Scholarly Electronic Publishing Weblog | Digital Scholarship |

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      "SOPA, PIPA, ACTA, TPP: An Alphabet Soup of Innovation-Stifling Copyright Legislation and Agreements"

      Posted in Copyright, Digital Copyright Wars on January 21st, 2013

      Michael A. Carrier has published "SOPA, PIPA, ACTA, TPP: An Alphabet Soup of Innovation-Stifling Copyright Legislation and Agreements" in the Northwestern Journal of Technology and Intellectual Property.

      Here's an excerpt:

      In this article, I discuss the effects of four copyright proposals on innovation: the Stop Online Piracy Act (SOPA), PROTECT IP Act (PIPA), Anti-Counterfeiting Trade Agreement (ACTA), and Trans-Pacific Partnership Agreement (TPP). These proposals contain provisions that would impose copyright liability in a vague and far-reaching manner that would harm innovators, dissuade venture capitalists, and ultimately stifle innovation.

      | Digital Scholarship's Digital/Print Books | Digital Scholarship |

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        "The U.S. Proposal for an Intellectual Property Chapter in the Trans-Pacific Partnership Agreement"

        Posted in Copyright, Digital Copyright Wars, Legislation and Government Regulation on December 12th, 2012

        Sean M. Flynn et al. have self-archived "The U.S. Proposal for an Intellectual Property Chapter in the Trans-Pacific Partnership Agreement" in SSRN.

        Here's an excerpt:

        Our ultimate conclusion is that the U.S. proposal, if adopted, would upset the current international framework balancing the interests of rights holders and the public. It would heighten standards of protection for rights holders well beyond that which the best available evidence or inclusive democratic processes support. It contains insufficient balancing provisions for users, consumers, and the public interest.

        | Digital Scholarship's 2012 Publications | Digital Scholarship |

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          Authors Guild et al. v. Google: "Brief of Amici Curiae Academic Authors in Support of Defendant-Appellant and Reversal"

          Posted in Copyright, Digital Copyright Wars, E-Books, Google and Other Search Engines, Mass Digitizaton, Publishing on November 20th, 2012

          Pamela Samuelson and David R. Hansen have self-archived "Brief of Amici Curiae Academic Authors in Support of Defendant-Appellant and Reversal" in SSRN.

          Here's an excerpt:

          Summary of argument: Class certification was improperly granted below because the District Court failed to conduct a rigorous analysis of the adequacy of representation factor, as Rule 23(a)(4) requires. The three individual plaintiffs who claim to be class representatives are not academics and do not share the commitment to broad access to knowledge that predominates among academics. . . .

          Academic authors desire broad public access to their works such as that which the Google Books project provides. Although the District Court held that the plaintiffs had inadequately represented the interests of academic authors in relation to the proposed settlement, it failed to recognize that pursuit of this litigation would be even more adverse to the interests of academic authors than the proposed settlement was. . . .

          In short, a "win" in this case for the class representatives would be a "loss" for academic authors. It is precisely this kind of conflict that courts have long recognized should prevent class certification due to inadequate representation. The District Court failed to adequately address this fundamental conflict in its certification order, though it was well aware of the conflict through submissions and objections received from the settlement fairness hearing through to the hearings on the most recent class certification motions. Because of that failure, the order certifying the class should be reversed

          | Google Books Bibliography | Digital Scholarship |

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            Republican Study Committee Released Progressive Copyright Brief Then Withdrew It

            Posted in Copyright, Digital Copyright Wars, Reports and White Papers on November 19th, 2012

            The Republican Study Committee released “Three Myths about Copyright Law and Where to Start to Fix it,” which attracted immediate attention due to its progressive view of copyright. Now, the brief's PDF is blank.

            However, in “Republican Report: 3 Myths of Copyright, Quashed by MPAA and RIAA,” Ash McGonigal provides a working link to the full text in addition to a recap of the situation.

            | Digital Scholarship |

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              Digital Copyright: Google Asks Court to Reverse Class Certification Decision in The Authors Guild et al. v. Google Inc.

              Posted in Copyright, Digital Copyright Wars, E-Books, Google and Other Search Engines, Mass Digitizaton, Publishing on November 13th, 2012

              In a brief, Google has asked the U.S. Second Circuit Court of Appeals to reverse the class certification decision by the United States District Court for the Southern District of New York in The Authors Guild et al. v. Google Inc. case.

              Here's the brief.

              Read more about it at "Google Asks Court to Ax Book-Scanning Suit from Authors Guild."

              | Scholarly Electronic Publishing Bibliography 2010 | Digital Scholarship |

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                Copyright: Authors Guild Appeals HathiTrust Ruling

                Posted in Copyright, Digital Copyright Wars, E-Books, Mass Digitizaton, Publishing on November 12th, 2012

                The Authors Guild is appealing the Authors Guild, Inc. et al. v. HathiTrust et al. ruling.

                Here's an excerpt from the "LCA Issues Statement on Authors Guild's Appeal of HathiTrust Decision":

                We are deeply disappointed by the Authors Guild's decision to appeal Judge Baer's landmark opinion acknowledging the legality, and the extraordinary social value, of the HathiTrust Digital Library. Libraries have a moral and a legal obligation to provide the broadest possible access to knowledge for all of our users, and the HathiTrust and its partners have assembled an invaluable digital resource that will ensure for the first time that library print collections can be made available on equitable terms to our print-disabled users. The database also facilitates preservation and cutting-edge scholarship, all with no harm to authors or publishers. As we predicted, Judge Baer did not look kindly on the Guild's shortsighted and ill-conceived lawsuit, saying, "I cannot imagine a definition of fair use that . . . would require that I terminate this invaluable contribution to the progress of science and cultivation of the arts that at the same time effectuates the ideals espoused by the ADA." If there is an upside to this misguided appeal, it is that the Second Circuit will now have the opportunity to affirm that powerful insight.

                Read more about it at "Google Scanning Is Fair Use Says Judge" and "Unintended Consequences in the HathiTrust Case"

                | Digital Scholarship's Digital/Print Books | Digital Scholarship |

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