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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.

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

Submitted by NewYorkCountryLawyer
NewYorkCountryLawyer (912032) 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."

Comment: Re:Wow (Score 1) 224

by Bruce Perens (#47232659) Attached to: Interviews: Bruce Perens Answers Your Questions
It actually is a bit different for the Republicans, in that they are caught in an internal party schism of a scale we've not seen on either side since desegregation, if even then. It's difficult for the less right to look good to the more right, undirected pushing against the Democrats is one of the few ways they have to do it.

Comment: Re:Wow (Score 1) 224

by Bruce Perens (#47232465) Attached to: Interviews: Bruce Perens Answers Your Questions

Do not forget that ObamaCare was rammed through without a single Republican vote in the House or Senate.

It's the unfortunate case that Republicans don't generally support Democratic bills. Witness the recent student loan bill. There is not much question that a better educated populance means a better economy and a stronger nation. It's a truism that we could just pay for college education in a number of fields and reap economic benefits of many times the spending. Indeed, we used to do more of that and the country was stronger when we did.

Comment: Re:I really dig the Obamacare comments Bruce made (Score 1) 224

by Bruce Perens (#47231747) Attached to: Interviews: Bruce Perens Answers Your Questions

You meant "you wouldn't approve" rather than "you wouldn't understand".

Positioned correctly, it isn't all that socially reprehensible to state the sentiment that you don't believe you should pay for people who drive their motorcycle without helmets, people who self-administer addictive and destructive drugs, people who engage in unprotected sex with prostitutes or unprotected casual sex with strangers, and people who go climbing without using all of the safety equipment they could.

You don't really even need to get into whether you hold human life sacred, etc., to get that argument across. It's mostly just an economic argument, you believe yourself to be sensible and don't want to pay for people who aren't.

The ironic thing about this is that it translates to "I don't want to pay for the self-inflicted downfall of the people who exercise the libertarian rights I deeply believe they should have."

OK, not a bad position as far as it goes. Now, tell me how we should judge each case, once these people present themselves for medical care, and what we should do if they don't meet the standard.

Comment: Re:citation needed (Score 1) 224

by Bruce Perens (#47227663) Attached to: Interviews: Bruce Perens Answers Your Questions

Citation needed.

I just looked for a minute and found This NIMH study. If you look at the percentages per year they are astonishingly high. 9% of people in any particular year just for mood disorders, and that's just the first on the list. Then they go down the list of other disorders. The implication is that everyone suffers some incident of mental illness in their lives. And given the number of psychiatrists, psychologists, and lay practitioners in practice, it seems like much of the population try to get help at times, if only from their priest or school guidance counselor.

You are not a rock. Can you honestly tell me that you haven't ever suffeed a moment of irrationality?

Comment: Re:I really dig the Obamacare comments Bruce made (Score 2) 224

by Bruce Perens (#47227629) Attached to: Interviews: Bruce Perens Answers Your Questions

Yes, seeing a doctor really is a human right.

Does that mean we should bear the burden of your bad lifestyle choices? Well, we do today. Either those folks are in our emergency rooms, or they are lying on our streets. Either way, we all pay a cost.

It's not clear to me what you propose to do with them. Perhaps you should explain that a bit more clearly.

Comment: AC, please stop trumpeting fake studies (Score 1) 224

by Bruce Perens (#47227611) Attached to: Interviews: Bruce Perens Answers Your Questions

Hi AC

One would hope that a real scientific study would shed light on the situation. Unfortunately, this isn't it. It's a paper published by a Harvard student club and written by a gun industry lobbyist and a gun enthusiast. No balanced perspective that could lead to a real scientific paper here. The first refutation I found of the paper is certainly not peer reviewed and published in a scientific journal either, but makes a pretty good case that the statistics are cooked. It's here.

Please find a real scientific paper from a researcher without bias and then we can discuss it. This one doesn't quite meet the standard.

Comment: Re:Wow (Score 1) 224

by Bruce Perens (#47227451) Attached to: Interviews: Bruce Perens Answers Your Questions

Actually, we would have had a much less expensive plan, but we couldn't get it by the conservatives. It's called single-payer, and I've used it in Canada. It has also been available to me in a dozen other countries that I've worked in, but fortunately I never needed it there. It works pretty well. So well indeed that most civilized countries have it.

I'm sorry that you didn't understand my presentation. Or that you understood it and can't accept it. I've thought about it for a very long time and I'm pretty sure of it.

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