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Comment Re:Key Point Missing (Score 2) 34

by NewYorkCountryLawyer (#47234405) Attached to: Appeals Court Finds Scanning To Be Fair Use

The summary misses a key point. Yes they scan and store the entire book, but they are _NOT_ making the entire book available to everyone. For the most part they are just making it searchable.

Agreed that it's not in the summary, but as you correctly note, it's just a "summary". Anyone who reads the underlying blog post will read this among the facts on which the court based its opinion: "The public was allowed to search by keyword. The search results showed only the page numbers for the search term and the number of times it appeared; none of the text was visible."

So those readers who RTFA will be in the know.

Submission + - Appeals Court finds scanning to be fair use in Authors Guild v Hathitrust

Submitted by NewYorkCountryLawyer
NewYorkCountryLawyer writes: In Authors Guild v Hathitrust, the US Court of Appeals for the Second Circuit has found that scanning whole books and making them searchable for research use is a fair use. In reaching its conclusion, the 3-judge panel reasoned, in its 34-page opinion (PDF), that the creation of a searchable, full text database is a "quintessentially transformative use", that it was "reasonably necessary" to make use of the entire works, that maintaining maintain 4 copies of the database was reasonably necessary as well, and that the research library did not impair the market for the originals. Needless to say, this ruling augurs well for Google in Authors Guild v. Google, which likewise involves full text scanning of whole books for research.

Submission + - Councilman/Open Source Developer submits Open Source bill (gothamgazette.com)

Submitted by NewYorkCountryLawyer
NewYorkCountryLawyer writes: New York City Council Member Ben Kallos (KallosEsq), who also happens to be a Free and Open Source Software (FOSS) developer, just introduced legislation to mandate a government preference for FOSS and creating a Civic Commons website to facilitate collaborative purchasing of software. He argues that NYC could save millions of dollars with the Free and Open Source Software Preferences Act 2014, pointing out that the city currently has a $67 million Microsoft ELA. Kallos said: "It is time for government to modernize and start appreciating the same cost savings as everyone else."

Comment A little late, but welcome (Score 1) 136

by NewYorkCountryLawyer (#47119749) Attached to: Federal Court Pulls Plug On Porn Copyright Shakedown
A cynic might argue that the key difference in this case was that, for a change, the ISP's, and not merely defendants, were challenging the subpoenas; but of course we all know that justice is 'blind'.

An ingrate might bemoan the Court's failure to address the key underlying fallacy in the "John Doe" cases, that because someone pays the bill for an internet account that automatically makes them a copyright infringer; but who's complaining over that slight omission?

A malcontent like myself might be a little unhappy that it took the courts ten (10) years to finally come to grips with the personal jurisdiction issue, which would have been obvious to 9 out of 10 second year law students from the get go, and I personally have been pointing it out and writing about it since 2005; but at least they finally did get there.

And a philosopher might wonder how much suffering might have been spared had the courts followed the law back in 2004 when the John Doe madness started; but of course I'm a lawyer, not a philosopher. :)

Bottom line, though: this is a good thing, a very good thing. Ten (10) years late in coming, but good nonetheless. - R.B. )
Businesses

Exxon Mobile CEO Sues To Stop Fracking Near His Texas Ranch 317

Posted by samzenpus from the hoisting-with-his-own-petard dept.
Hugh Pickens DOT Com writes "Exxon Mobile's CEO Rex Tillerson's day job is to do all he can to protect and nurture the process of hydraulic fracturing—aka 'fracking'—so that his company can continue to rake in billions via the production and sale of natural gas. 'This type of dysfunctional regulation is holding back the American economic recovery, growth, and global competitiveness,' said Tillerson in 2012 of attempts to increase oversight of drilling operations. But now Rick Unger reports at Forbes that Tillerson has joined a lawsuit seeking to shut down a fracking project near his Texas ranch. Why? Because the 160 foot water tower being built next to Tillerson's house that will supply the water to the near-by fracking site, means the arrival of loud trucks, an ugly tower next door, and the general unpleasantness that will interfere with the quality of his life and the real estate value of his sizeable ranch. The water tower is being built by Cross Timbers Water Supply Corp., a nonprofit utility that has supplied water to the region for half a century. Cross Timbers says that it is required by state law to build enough capacity to serve growing demand. In 2011, Bartonville denied Cross Timbers a permit to build the water tower, saying the location was reserved for residences. The water company sued, arguing that it is exempt from municipal zoning because of its status as a public utility. In May 2012, a state district court judge agreed with Cross Timbers and compelled the town to issue a permit. The utility resumed construction as the town appealed the decision. Later that year, the Tillersons and their co-plaintiffs sued Cross Timbers, saying that the company had promised them it wouldn't build a tower near their properties. An Exxon spokesman said Tillerson declined to comment. The company 'has no involvement in the legal matter' and its directors weren't told of Mr. Tillerson's participation, the spokesman said."

Submission + - Slashdot beta sucks 9

Submitted by Anonymous Coward
An anonymous reader writes: Maybe some of the slashdot team should start listening to its users, most of which hate the new user interface. Thanks for ruining something that wasn't broken.

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