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[IP] Google Print And Fair Use



Begin forwarded message:

From: Seth Finkelstein <sethf@xxxxxxxxx>
Date: October 25, 2005 2:26:38 PM EDT
To: David Farber <dave@xxxxxxxxxx>
Cc: Ip Ip <ip@xxxxxxxxxxxxxx>, lauren@xxxxxxxxxx
Subject: Google Print And Fair Use


Dave, there's a particularly extensive and provocative analysis of
these issues at the following site:
http://scrivenerserror.blogspot.com/2005/09/procedure-geek-looks-at- authors-guild.html http://scrivenerserror.blogspot.com/2005/09/authors-guild-v- google-2.html http://scrivenerserror.blogspot.com/2005/10/authors-guild-v-google-3- still-more.html http://scrivenerserror.blogspot.com/2005/09/authors-guild-v- google-4.html http://scrivenerserror.blogspot.com/2005/10/ignoring-that-fifth-fair- use-factor.html http://scrivenerserror.blogspot.com/2005/10/authors-guild-v-google-5- fair-use.html http://scrivenerserror.blogspot.com/2005/10/authors-guild-v-google-6- was-there.html http://scrivenerserror.blogspot.com/2005/10/authors-guild-v-google-7- way-things.html http://scrivenerserror.blogspot.com/2005/10/authors-guild-v-google-8- other-shoe.html http://scrivenerserror.blogspot.com/2005/10/authors-guild-v-google-9- of-chickens.html 

[Hat tip: http://blogs.law.harvard.edu/cmusings/2005/10/20#a1444 ]

    Some excerpts:

 "Admittedly, this doesn't look a whole lot like the analysis [of
  thumbnail images]. That is primarily because, as I've tried to make
  clear, this case isn't [about thumbnail images]. ... it is not based
  on materials merely gathered, but for which substantial and
  conscious copying must occur for any of the three "uses"; it is not
  based upon reuse of materials in exactly the same form, medium, and
  purpose/function as provided by the copyright holder; and does not
  concern a well-delineated final use and presentation."

 "The real problem here is inherent market failure at the boundaries
  of intellectual property, which itself has several dimensions. ...
  Throw in grossly unbalanced initial power and economic resource
  allocations and information asymmetries that would be laughed off a
  law-school final exam as completely implausible, stir in the
  disjuncture between copyright (and, for that matter, patent and
  trademark) duration and both the perceived rate of Progress and
  lengthening lifespans, and we have the ingredients for a swirling
  brew of conflicts troubled by hotspots no amount of stirring seems
  able to disspell."

--
Seth Finkelstein  Consulting Programmer  http://sethf.com
Infothought blog - http://sethf.com/infothought/blog/
Interview: http://sethf.com/essays/major/greplaw-interview.php


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