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Paul Merrell

Google book-scanning project legal, says U.S. appeals court | Reuters - 0 views

  • A U.S. appeals court ruled on Friday that Google's massive effort to scan millions of books for an online library does not violate copyright law, rejecting claims from a group of authors that the project illegally deprives them of revenue.The 2nd U.S. Circuit Court of Appeals in New York rejected infringement claims from the Authors Guild and several individual writers, and found that the project provides a public service without violating intellectual property law.
  • Google argued that the effort would actually boost book sales by making it easier for readers to find works, while introducing them to books they might not otherwise have seen.A lawyer for the authors did not immediately respond to a request for comment.Google had said it could face billions of dollars in potential damages if the authors prevailed. Circuit Judge Denny Chin, who oversaw the case at the lower court level, dismissed the litigation in 2013, prompting the authors' appeal.Chin found Google's scanning of tens of millions of books and posting "snippets" online constituted "fair use" under U.S. copyright law.A unanimous three-judge appeals panel said the case "tests the boundaries of fair use," but found Google's practices were ultimately allowed under the law. "Google’s division of the page into tiny snippets is designed to show the searcher just enough context surrounding the searched term to help her evaluate whether the book falls within the scope of her interest (without revealing so much as to threaten the author’s copyright interests)," Circuit Judge Pierre Leval wrote for the court.
  • The 2nd Circuit had previously rejected a similar lawsuit from the Authors Guild in June 2014 against a consortium of universities and research libraries that built a searchable online database of millions of scanned works.The case is Authors Guild v. Google Inc, 2nd U.S. Circuit Court of Appeals, No. 13-4829.
Paul Merrell

Hyperlinking is Not Copyright Infringement, EU Court Rules | TorrentFreak - 0 views

  • Does publishing a hyperlink to freely available content amount to an illegal communication to the public and therefore a breach of creator's copyrights under European law? After examining a case referred to it by Sweden's Court of Appeal, the Court of Justice of the European Union has ruled today that no, it does not.
  • One such case, referred to the CJEU by Sweden’s Court of Appeal, is of particular interest to Internet users as it concerns the very mechanism that holds the web together. The dispute centers on a company called Retriever Sverige AB, an Internet-based subscription service that indexes links to articles that can be found elsewhere online for free. The problem came when Retriever published links to articles published on a newspaper’s website that were written by Swedish journalists. The company felt that it did not have to compensate the journalists for simply linking to their articles, nor did it believe that embedding them within its site amounted to copyright infringement. The journalists, on the other hand, felt that by linking to their articles Retriever had “communicated” their works to the public without permission. In the belief they should be paid, the journalists took their case to the Stockholm District Court. They lost their case in 2010 and decided to take the case to appeal. From there the Svea Court of Appeal sought advice from the EU Court. Today the Court of Justice published its lengthy decision and it’s largely good news for the Internet.
Paul Merrell

Wyden Amendments to House's JOBS Act Would Halt ACTA, Force TPP Transparency | Bloomber... - 0 views

  • An amendment to the Jumpstart Our Business Startups Act, H.R. 3606, submitted by Sen. Ronald L. Wyden (D-Ore.) March 19 was aimed at preventing the Anti-Counterfeiting Trade Agreement from going into force in the United States without first getting formal approval from Congress.Another amendment would require the Office of the U.S. Trade Representative to disclose its position regarding to the ongoing Trans-Pacific Partnership Agreement negotiations.The amendments were introduced a day before the Senate was scheduled to take a procedural vote on whether it would consider the House's controversial JOBS bill.
  • As a condition to the United States putting forward any official instrument that accepts ACTA, Wyden asked in his earlier letter that Obama “formally declare that ACTA does not create any international obligations for the U.S.—that ACTA is not binding.” If Obama declined to make such a statement, then Wyden requested a “legal rationale for why ACTA should not be considered by Congress.”
  • Wyden's first March 19 amendment JOBS Act amendment, S.A. 1868, would prevent the president from accepting, and the United States from entering into, any “legally binding trade agreement that imposes obligations on the United States … including the Anti-Counterfeiting Trade Agreement, without the formal and express approval of Congress.”
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