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The Courts

Fair Use Affirmed In Turnitin Case 315

Hugh Pickens writes "The Fourth Circuit Court of Appeals has issued an opinion affirming a ruling that will be cheered by digital fair use proponents for allowing a fair use of students' work when their teachers electronically file students' written work with the Web site so that newly submitted work can be compared against Turnitin's database of existing student work to assess whether the new work is the result of plagiarism. The court stepped through the fair use analysis, dropping positive notes that affirm commercial uses can be fair uses, that a use can be transformative 'in function or purpose without altering or actually adding to the original work,' and that the entirety of a work can be used without precluding a finding of fair use. Techdirt suggests that all of these points could have been helpful to Google in defending its book scanning efforts, 'since it could make pretty much the identical arguments on all points.' Unfortunately Google caved in that lawsuit and settled, 'denying a strong fair use precedent and making Google look like an easy place for struggling industries to demand cash.'"
The Internet

Report Says 36.4% of World's Computers Infringe on IP 331

I Don't Believe in Imaginary Property writes "According to a new report by Digital Music News, 36.4% of the world's computers have LimeWire installed. Given their claim that filling an iPod legally would cost about $40,000, they're pretty sure that most of those computers are infringing upon at least a few imaginary property rights. BitTorrent shouldn't feel left out, though. BitTorrent actually uses more bandwidth, but the article suggests that this is because it is used to share larger files, like movies."

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