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Submission + - Google Books case dismissed on Fair Use Grounds

NewYorkCountryLawyer writes: In a case of major importance, the long simmering battle between the Authors Guild and Google has reached its climax, with the court granting Google's motion for summary judgment, dismissing the case, on fair use grounds. In his 30-page decision (PDF), Judge Denny Chin — who has been a District Court Judge throughout most of the life of the case but is now a Circuit Court Judge — reasoned that, although Google's own motive for its "Library Project" (which scans books from libraries without the copyright owners' permission and makes the material publicly available for search), is commercial profit, the project itself serves significant educational purposes, and actually enhances, rather than detracts from, the value of the works, since it helps promote sales of the works. Judge Chin also felt that it was impossible to use Google's scanned material, either for making full copies, or for reading the books, so that it did not compete with the books themselves.

Comment Re:Don't forget Ananias (Score 2) 537

And Zeus lives in Olympus, Odin in Valhalla (when he's not wandering amongst us), Horus is in the sky (at least we can see His presence) and Russell's teapot is in orbit. We have as much evidence for each of these as we do for Yahweh, Jehovah, Jesus etc. Why do you believe in the version of God you do? Is it just a matter of needing to believe in something and that Christianity is 'good enough'?

You are correct, I cannot disprove the existence of your god. Or of Lugh, Coyote or Quetzalcoatl. You do believe in them, too, right?

Submission + - Aereo required to testify about non-public patent info

NewYorkCountryLawyer writes: In ABC v Aereo, a copyright infringement action against Aereo, the Magistrate Judge has overruled Aereo's attorney/client privilege objection to being forced to divulge non-public details about its patented technology. In his 15 page decision (PDF) he ordered the continued deposition of the company's CTO and CEO about their patent applications. My gut reaction is that this sets a very dangerous precedent, giving the big copyright plaintiffs yet another 'in terrorem' device to use against technology startups — the power to use the lawsuit as a chance to delve into a defendant's non-public tech secrets.

Comment Re:Hysteria! (Score 1) 274

And you believe your *inset nation* will handle things any differently ...?

Australia. Poisonous insect, you say? That'll make a change from the poisonous spiders, reptiles and monotremes. Oh, and jellyfish. And octopus. And toads (although they are an import and more dangerous to pets than humans) ...

Comment Re:Backstory? (Score 4, Informative) 51

It does seem insane. I mean how can the court not see that this case is clearly about killing vimeo and by extension video sharing sites. How can they expect all employees to be 100% diligent. It's never going to happen. If the only option to adhere to Safe Harbor is to have google class content filter Youtube is going to be the only game in town in the US.

The legal fees alone are the killer. Veoh won every round, but had to go out of business due to the legal fees.

Comment Re:Backstory? (Score 4, Insightful) 51

Maybe it's not about killing Vimeo, but rather making it "play nice" the way YouTube has: Pay for sync licensing of the music and support the licensing costs with ads.

In my experience, their primary goal in every instance is to put people out of business, if at all possible. YouTube has been 'playing nice' with them for many years, but they haven't dropped the pending case.

Comment Re:Backstory? (Score 1, Informative) 51

The blog post linked from TFS is a brief (~70 word) summary of the recent development with no links to other posts on your blog for the background on the story, only the big PDF of the decision.

The decision, IMHO, gives you what you need to know about the facts of the case in order to understand the significance of the decision. 56 pages is enough reading in my view, for our purposes. If you want more you can go on PACER and get hundreds of additional pages from the case file.

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