News & Information for Technology Purchasers NewsFactor Sites:       NewsFactor.com     Enterprise Security Today     CRM Daily     Business Report     Sci-Tech Today  
   
This ad will display for the next 20 seconds. Click for more information, or
Home Enterprise I.T. Cloud Computing Applications Hardware More Topics...
World Wide Web
Is your endpoint data protected?
Average Rating:
Rate this article:  
Court: Searchable Books Database Is 'Fair Use'

Court: Searchable Books Database Is 'Fair Use'
By Larry Neumeister

Share
Share on Facebook Share on Twitter Share on Linkedin Share on Google Plus

A massive searchable database is "fair use" of copyrighted works, a three-judge panel says. The decision came in a suit brought by authors after research universities agreed in 2004 to let Google electronically scan their books and create a repository for over 10 million books published over many centuries and written in numerous languages.
 



The creation of a full-text searchable database of millions of books is a fair use of copyrighted works, a federal appeals court ruled Tuesday, saying it also is permissible to distribute the books in alternative forms to people with disabilities.

The 2nd U.S. Circuit Court of Appeals' decision came in a lawsuit brought by authors and several authors' groups after several research universities agreed in 2004 to let Google Inc. electronically scan their books and then created a repository for more than 10 million books published over many centuries and written in numerous languages.

In a decision written by Circuit Judge Barrington Parker, the three-judge panel said it concluded that the creation of a full-text searchable database was a "quintessentially transformative use" of a copyrighted work, a legal principle necessary to be established before the court could find that it was lawful to copy and store the books electronically without the permission of the authors and publishers.

"There is no evidence that the authors write with the purpose of enabling text searches of their books," Parker wrote. He added that enabling the full-text search "adds to the original something new with a different purpose and a different character."

The lawsuit was filed after colleges, universities and other nonprofit institutions in October 2008 created an organization they called the HathiTrust Digital Library. The group has at least 80 member institutions, including named defendants the University of Michigan, the University of California at Berkeley, Cornell University, the University of Wisconsin and Indiana University.

The library lets the general public search for particular terms but shows only page numbers where the term is found, unless the copyright owner has authorized more extensive information.

It also permits anyone who is able to prove that he or she cannot read printed material to access full books in alternative forms, such as through software that converts text into spoken words or that magnifies text.

Jeremy S. Goldman, a lawyer for authors, said he had no immediate comment Tuesday.

Joseph E. Petersen, an attorney for HathiTrust and the schools, said his clients were "grateful that the court recognized the immense public value of the HathiTrust Digital Library and the fact that the project entirely comports with copyright law."

Attorney Daniel F. Goldstein, who argued the case on behalf of those with disabilities, praised the ruling.

"Today the Second Circuit radically changed for the better the lives of print-disabled Americans, that is, those who cannot readily access printed text, whether because of blindness, arthritis, dyslexia, cerebral palsy, upper spinal cord injury or a host of other conditions," he said in an email. "Those of us without a print disability take for granted our easy access to our collective intellectual capital stored in libraries. Now that same access will be available to those with a disability."

In court papers, lawyers for the authors argued that digital libraries were uniquely susceptible to cybertheft and called upon Congress on intervene.

"As the self-appointed custodians of the world's largest database of digitized copyright-protected books, the libraries wield tremendous power and responsibility in ensuring the security of the intellectual property they amassed without authorization," they said.

The appeals court also returned issues raised over so-called orphan works to the lower court for further proceedings.
 


© 2014 Associated Press under contract with NewsEdge. All rights reserved.
 

Tell Us What You Think
Comment:

Name:



AdvertisementToday's CIO needs to adopt an "Everyone's IT" approach to leadership, embracing technology to increase enterprise agility & collaboration. View the free Gartner research report to learn how to adapt your IT leadership style to today's business standards.


 World Wide Web
1.   Twitter May Remove Pics of Deceased
2.   Google IPO Began Decade of Big Bets
3.   Assange Talks of Leaving Embassy
4.   Russian Hacker To Be Held Until Trial
5.   Online Sites vs. Retailing in India


advertisement
OkCupid Experiments with Daters
Unethical without user consent?
Average Rating:
Twitter May Remove Pics of Deceased
Balancing privacy and public interest.
Average Rating:
Online Retailers Ponder Actual Stores
'Click-and-mortar' shops popping up.
Average Rating:


advertisement
Product Information and Resources for Technology You Can Use To Boost Your Business

Network Security Spotlight
Researchers Find Malicious Android Apps Can Hack Gmail
A new study shows that a weakness in the Android mobile operating system can be used to steal sensitive, personal info from unwitting users. Gmail proved to be the easiest app to attack; Amazon, the hardest.
 
UPS Stores in 24 States Hit by Data Breach
Big Brown has been breached. UPS said that about 105,000 customer transactions at 51 of its UPS Store locations in 24 states could have been compromised between January and August.
 
Cost of Target Data Breach: $148 Million Plus Loss of Trust
The now infamous Target data breach is still costing the company -- and its shareholders -- plenty. In fact, the retailing giant forecast the December 2013 incident cost shareholders $148 million.
 

Enterprise Hardware Spotlight
Acer's New Desktop Box Rides the Chrome OS Wave
Filling out its Chrome OS line, Acer is following the introduction of a larger Chromebook line earlier this month with a new tiny $180 desktop Chromebox and also a smaller Chromebook.
 
Feds OK $2.3 Billion IBM-Lenovo x86 Server Deal
IBM and Lenovo are celebrating U.S. approval of their x86-based server deal, having cleared some major security hurdles. The deal makes Lenovo a major player for enterprise data centers.
 
Three New Lenovo PCs Aimed at Business Users
With businesses wanting computing solutions that do more for less money, Lenovo has unveiled three new desktop PCs that it says offer solid computing at a budget-minded price.
 

Mobile Technology Spotlight
Screen Shortage Briefly Puts Brakes on iPhone 6
RAM? Check. Antenna switch? Check. Screen? Oops. Parts suppliers for Apple have found themselves facing a shortage of screens for the new iPhone 6 as next month's release date for the new smartphone looms.
 
Bounty Offered to Coders for Oculus Rift Bugs
Coders who find bugs in software for the Oculus Rift VR immersive headset could receive a reward of at least $500 under Facebook's White Hat bounty program. Facebook acquired Oculus in March.
 
Google Glass Adds Voice Access to Phone Contacts
The latest update to Google Glass will let users access their top 20 phone contacts with voice commands alone. A user can then choose a phone call, Google hangouts, e-mail or text messaging.
 

Navigation
NewsFactor Network
Home/Top News | Enterprise I.T. | Cloud Computing | Applications | Hardware | Mobile Tech | Big Data | Communications
World Wide Web | Network Security | Data Storage | CRM Systems | Microsoft/Windows | Apple/Mac | Linux/Open Source | Personal Tech
Press Releases
NewsFactor Network Enterprise I.T. Sites
NewsFactor Technology News | Enterprise Security Today | CRM Daily

NewsFactor Business and Innovation Sites
Sci-Tech Today | NewsFactor Business Report

NewsFactor Services
FreeNewsFeed | Free Newsletters

About NewsFactor Network | How To Contact Us | Article Reprints | Careers @ NewsFactor | Services for PR Pros | Top Tech Wire | How To Advertise

Privacy Policy | Terms of Service
© Copyright 2000-2014 NewsFactor Network. All rights reserved. Article rating technology by Blogowogo. Member of Accuserve Ad Network.