The fair use doctrine permits the unauthorized digitization of copyrighted works in order to create a full-text searchable database, the U.S. Court of Appeals for the Second Circuit ruled June 10.Affirming summary judgment in favor of a consortium of university libraries, the court also ruled that the fair use doctrine permits the unauthorized conversion of those works into accessible formats for use by persons with disabilities, such as the blind.
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2nd Cir. Affirms That Creation of Full-Text Searchable Database of Works Is Fair Use | ... - 0 views
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The dispute is connected to the long-running conflict between Google Inc. and various authors of books that Google included in a mass digitization program. In 2004, Google began soliciting the participation of publishers in its Google Print for Publishers service, part of what was then called the Google Print project, aimed at making information available for free over the Internet.Subsequently, Google announced a new project, Google Print for Libraries. In 2005, Google Print was renamed Google Book Search and it is now known simply as Google Books. Under this program, Google made arrangements with several of the world's largest libraries to digitize the entire contents of their collections to create an online full-text searchable database.The announcement of this program triggered a copyright infringement action by the Authors Guild that continues to this day.
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Part of the deal between Google and the libraries included an offer by Google to hand over to the libraries their own copies of the digitized versions of their collections.In 2011, a group of those libraries announced the establishment of a new service, called the HathiTrust digital library, to which the libraries would contribute their digitized collections. This database of copies is to be made available for full-text searching and preservation activities. Additionally, it is intended to offer free access to works to individuals who have “print disabilities.” For works under copyright protection, the search function would return only a list of page numbers that a search term appeared on and the frequency of such appearance.
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The digital open source library of tomorrow Posted 20 Nov 2014 by Nicole C. Engard | ... - 0 views
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"Phil Shapiro's vision for the libraries of tomorrow Phil Shapiro, one of my fellow Opensource.com Community Moderators, gave a talk at All Things Open 2014 about open source and libraries. This is a recap of that talk."
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"Phil Shapiro, one of my fellow Opensource.com Community Moderators, gave a talk at All Things Open 2014 about open source and libraries. This is a recap of that talk."
Cocoa for Windows + Flash RiA Killer = SproutCore JavaScript Framework - RoughlyDrafted... - 0 views
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SproutCore brings the values of Leopard’s Cocoa to the web, domesticating JavaScript into a functional application platform with lots of free built-in support for desktop features. Being based on open web standards and being open source itself means SproutCore will enable developers to develop cross platform applications without being tied to either a plugin architecture or its vendor. Sitting on top of web standards will also make it easy for Apple and the community to push SproutCore ahead without worrying about incompatible changes to the underlying layers of Windows, a significant problem for the old Yellow Box or some new Cocoa analog. SproutCore also lives in a well known security context, preventing worries about unknown holes being opened up by a new runtime layer.
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The story of Javascript and the browser as a RiA competitor continues to unfold. This lengthy summation from roughlydrafed is perhaps the best discussion 'i've ever seen of technologies that will drive the Future of the Open Web. Roughly believes that Apple and Google are fighting for an Open Web Future, with Adobe and Microsoft RiA jousting for a broken web where they dominate the application development. For usre the web is moving to become an application platform. The question is one of who will own the dominant API, and be in position to impose a global platform tax. This is a great summary demanding a careful read. It also confirms my belief that the WebKit layout and document model is the way forward. It's by far and away the best (X)HTML-CSS-DOM-JavaScript model out there. The W3C alternatives do not include JavaScript, and that pretty much seals their fate. And while there are many JavaScript libraries and frameworks to chose from, i would pay close attention to three initiatives: WebKit SproutCore, Gecko jQuery, and Google GWT. ~ge~
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Activists send the Senate 6 million faxes to oppose cyber bill - CBS News - 0 views
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Activists worried about online privacy are sending Congress a message with some old-school technology: They're sending faxes -- more than 6.2 million, they claim -- to express opposition to the Cybersecurity Information Sharing Act (CISA).Why faxes? "Congress is stuck in 1984 and doesn't understand modern technology," according to the campaign Fax Big Brother. The week-long campaign was organized by the nonpartisan Electronic Frontier Foundation, the group Access and Fight for the Future, the activist group behind the major Internet protests that helped derail a pair of anti-piracy bills in 2012. It also has the backing of a dozen groups like the ACLU, the American Library Association, National Association of Criminal Defense Lawyers and others.
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CISA aims to facilitate information sharing regarding cyberthreats between the government and the private sector. The bill gained more attention following the massive hack in which the records of nearly 22 million people were stolen from government computers."The ability to easily and quickly share cyber attack information, along with ways to counter attacks, is a key method to stop them from happening in the first place," Sen. Dianne Feinstein, D-California, who helped introduce CISA, said in a statement after the hack. Senate leadership had planned to vote on CISA this week before leaving for its August recess. However, the bill may be sidelined for the time being as the Republican-led Senate puts precedent on a legislative effort to defund Planned Parenthood.Even as the bill was put on the backburner, the grassroots campaign to stop it gained steam. Fight for the Future started sending faxes to all 100 Senate offices on Monday, but the campaign really took off after it garnered attention on the website Reddit and on social media. The faxed messages are generated by Internet users who visit faxbigbrother.com or stopcyberspying.com -- or who simply send a message via Twitter with the hashtag #faxbigbrother. To send all those faxes, Fight for the Future set up a dedicated server and a dozen phone lines and modems they say are capable of sending tens of thousands of faxes a day.
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Fight for the Future told CBS News that it has so many faxes queued up at this point, that it may take months for Senate offices to receive them all, though the group is working on scaling up its capability to send them faster. They're also limited by the speed at which Senate offices can receive them.
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From an Fight For the Future mailing: "Here's the deal: yesterday the Senate delayed its expected vote on CISA, the Cybersecurity Information Sharing Act that would let companies share your private information--like emails and medical records--with the government. "The delay is good news; but it's a delay, not a victory. "We just bought some precious extra time to fight CISA, but we need to use it to go big like we did with SOPA or this bill will still pass. Even if we stop it in September, they'll try again after that. "The truth is that right now, things are looking pretty grim. Democrats and Republicans have been holding closed-door meetings to work out a deal to pass CISA quickly when they return from recess. "Right before the expected Senate vote on CISA, the Obama Administration endorsed the bill, which means if Congress passes it, the White House will definitely sign it. "We've stalled and delayed CISA and bills like it nearly half a dozen times, but this month could be our last chance to stop it for good." See also http://tumblr.fightforthefuture.org/post/125953876003/senate-fails-to-advance-cisa-before-recess-amid (;) http://www.cbsnews.com/news/activists-send-the-senate-6-million-faxes-to-oppose-cyber-bill/ (;) http://www.npr.org/2015/08/04/429386027/privacy-advocates-to-senate-cyber-security-bill (.)
The Open Web: Next-Generation Standards Support in WebKit/ Safari - 0 views
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Apple has posted an interesting page describing Safari technologies. Innovations and support for existing standards as well as the ACID3 test are covered.
Many people think that the Apple WebKit-Safari-iPhone innovations are pushing Open Web Standards beyond beyond the limits of "Open", and deep into the verboten realm of vendor specific extensions. Others, myself included, believe that the WebKit community has to do this if Open Web technologies are to be anyway competitive with Microsoft's RiA (XAML-Silverlight-WPF).
Adobe RiA (AiR-Flex-Flash) is also an alternative to WebKit and Microsoft RiA; kind of half Open Web, half proprietary though. Adobe Flash is of course proprietary. While Adobe AiR implements the WebKit layout engine and visual document model. I suspect that as Adobe RiA loses ground to Microsoft Silverlight, they will open up Flash. But that's not something the Open Web can afford to wait for.
In many ways, WebKit is at the cutting edge of Ajax Open Web technologies. The problems of Ajax not scaling well are being solved as shared JavaScript libraries continue to amaze, and the JavaScript engines roar with horsepower. Innovations in WebKit, even the vendor-device specific ones, are being picked up by the JS Libraries, Firefox, and the other Open Web browsers.
At the end of the day though, it is the balance between the ACiD3 test on one side and the incredible market surge of WebKit smartphones, countertops, and netbook devices at the edge of the Web that seem to hold things together.
The surge at the edge is washing back over the greater Web, as cross-browser frustrated Web designers and developers roll out the iPhone welcome. Let's hope the ACiD3 test holds. So far it's proving to be a far more important consideration for maintaining Open Web interop, without sacrificing innovation, than anything going on at the stalled W3C.
"..... Safari continues to lead the way, implementing
PATRIOT Act spying programs on death watch - Seung Min Kim and Kate Tummarello - POLITICO - 0 views
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With only days left to act and Rand Paul threatening a filibuster, Senate Republicans remain deeply divided over the future of the PATRIOT Act and have no clear path to keep key government spying authorities from expiring at the end of the month. Crucial parts of the PATRIOT Act, including a provision authorizing the government’s controversial bulk collection of American phone records, first revealed by Edward Snowden, are due to lapse May 31. That means Congress has barely a week to figure out a fix before before lawmakers leave town for Memorial Day recess at the end of the next week. Story Continued Below The prospects of a deal look grim: Senate Majority Leader Mitch McConnell on Thursday night proposed just a two-month extension of expiring PATRIOT Act provisions to give the two sides more time to negotiate, but even that was immediately dismissed by critics of the program.
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A must-read. The major danger is that the the Senate could pass the USA Freedom Act, which has already been passed by the House. Passage of that Act, despite its name, would be bad news for civil liberties. Now is the time to let your Congress critters know that you want them to fight to the Patriot Act provisions expire on May 31, without any replacement legislation. Keep in mind that Section 502 does not apply just to telephone metadata. It authorizes the FBI to gather without notice to their victims "any tangible thing", specifically including as examples "library circulation records, library patron lists, book sales records, book customer lists, firearms sales records, tax return records, educational records, or medical records containing information that would identify a person." The breadth of the section is illustrated by telephone metadata not even being mentioned in the section. NSA going after your medical records souand far fetched? Former NSA technical director William Binney says they're already doing it: "Binney alludes to even more extreme intelligence practices that are not yet public knowledge, including the collection of Americans' medical data, the collection and use of client-attorney conversations, and law enforcement agencies' "direct access," without oversight, to NSA databases." https://consortiumnews.com/2015/03/05/seeing-the-stasi-through-nsa-eyes/ So please, contact your Congress critters right now and tell them to sunset the Patriot Act NOW. This will be decided in the next few days so the sooner you contact them the better.
More WebKit Goodies - CSS Transforms and Transitions - the OSX Dock example | theChrisW... - 0 views
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Chris Walker provides some interactive demonstrations of the powerful webkit-transforms that are placed in CSS. So, what can we do with all this magic? Well, the culmination of the Chris Walker demo is a Mac OSX style Dock menu, using no Javascript...
".....Yes, that's right a bulging docked menu, with no javascript. Just so you remember, there no javascript in the demo. Check out the Javascript free OSX Dock Menu Demo.
This demo actually proves an important point Tom Yager made earlier about Ajax; Will JavaScript inconsistencies break the Web?
Taking AJAX literally makes lousy Web apps: "As little as possible should be the rule for JavaScript, which must play a supporting role to CSS and HTML". Tom concludes that it's best to follow the WebKit model, putting everything possible into first CSS4, then HTML5, and then JavaScript. I would argue that the proliferation of JavaScript libraries is a good hedge against the non interoperable future Yager warns of. But hey, why stop the guy when he's on a roll. CSS4! I guess the webkit-transforms have been officially christened. Thanks Tom.
~ge~
Most Agencies Falling Short on Mandate for Online Records - 1 views
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Nearly 20 years after Congress passed the Electronic Freedom of Information Act Amendments (E-FOIA), only 40 percent of agencies have followed the law's instruction for systematic posting of records released through FOIA in their electronic reading rooms, according to a new FOIA Audit released today by the National Security Archive at www.nsarchive.org to mark Sunshine Week. The Archive team audited all federal agencies with Chief FOIA Officers as well as agency components that handle more than 500 FOIA requests a year — 165 federal offices in all — and found only 67 with online libraries populated with significant numbers of released FOIA documents and regularly updated.
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Congress called on agencies to embrace disclosure and the digital era nearly two decades ago, with the passage of the 1996 "E-FOIA" amendments. The law mandated that agencies post key sets of records online, provide citizens with detailed guidance on making FOIA requests, and use new information technology to post online proactively records of significant public interest, including those already processed in response to FOIA requests and "likely to become the subject of subsequent requests." Congress believed then, and openness advocates know now, that this kind of proactive disclosure, publishing online the results of FOIA requests as well as agency records that might be requested in the future, is the only tenable solution to FOIA backlogs and delays. Thus the National Security Archive chose to focus on the e-reading rooms of agencies in its latest audit. Even though the majority of federal agencies have not yet embraced proactive disclosure of their FOIA releases, the Archive E-FOIA Audit did find that some real "E-Stars" exist within the federal government, serving as examples to lagging agencies that technology can be harnessed to create state-of-the art FOIA platforms. Unfortunately, our audit also found "E-Delinquents" whose abysmal web performance recalls the teletype era.
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E-Delinquents include the Office of Science and Technology Policy at the White House, which, despite being mandated to advise the President on technology policy, does not embrace 21st century practices by posting any frequently requested records online. Another E-Delinquent, the Drug Enforcement Administration, insults its website's viewers by claiming that it "does not maintain records appropriate for FOIA Library at this time."
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The Latest Rules on How Long NSA Can Keep Americans' Encrypted Data Look Too Familiar |... - 0 views
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Does the National Security Agency (NSA) have the authority to collect and keep all encrypted Internet traffic for as long as is necessary to decrypt that traffic? That was a question first raised in June 2013, after the minimization procedures governing telephone and Internet records collected under Section 702 of the Foreign Intelligence Surveillance Act were disclosed by Edward Snowden. The issue quickly receded into the background, however, as the world struggled to keep up with the deluge of surveillance disclosures. The Intelligence Authorization Act of 2015, which passed Congress this last December, should bring the question back to the fore. It established retention guidelines for communications collected under Executive Order 12333 and included an exception that allows NSA to keep ‘incidentally’ collected encrypted communications for an indefinite period of time. This creates a massive loophole in the guidelines. NSA’s retention of encrypted communications deserves further consideration today, now that these retention guidelines have been written into law. It has become increasingly clear over the last year that surveillance reform will be driven by technological change—specifically by the growing use of encryption technologies. Therefore, any legislation touching on encryption should receive close scrutiny.
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Section 309 of the intel authorization bill describes “procedures for the retention of incidentally acquired communications.” It establishes retention guidelines for surveillance programs that are “reasonably anticipated to result in the acquisition of [telephone or electronic communications] to or from a United States person.” Communications to or from a United States person are ‘incidentally’ collected because the U.S. person is not the actual target of the collection. Section 309 states that these incidentally collected communications must be deleted after five years unless they meet a number of exceptions. One of these exceptions is that “the communication is enciphered or reasonably believed to have a secret meaning.” This exception appears to be directly lifted from NSA’s minimization procedures for data collected under Section 702 of FISA, which were declassified in 2013.
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While Section 309 specifically applies to collection taking place under E.O. 12333, not FISA, several of the exceptions described in Section 309 closely match exceptions in the FISA minimization procedures. That includes the exception for “enciphered” communications. Those minimization procedures almost certainly served as a model for these retention guidelines and will likely shape how this new language is interpreted by the Executive Branch. Section 309 also asks the heads of each relevant member of the intelligence community to develop procedures to ensure compliance with new retention requirements. I expect those procedures to look a lot like the FISA minimization guidelines.
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Tucked into a budget authorization act in December without press notice. Section 309 (the Act is linked from the article) appears to be very broad authority for the NSA to intercept any form of telephone or other electronic information in bulk. There are far more exceptions from the five-year retention limitation than the encrypted information exception. When reading this, keep in mind that the U.S. intelligence community plays semantic games to obfuscate what it does. One of its word plays is that communications are not "collected" until an analyst looks at or listens to partiuclar data, even though the data will be searched to find information countless times before it becomes "collected." That searching was the major basis for a decision by the U.S. District Court in Washington, D.C. that bulk collection of telephone communications was unconstitutional: Under the Fourth Amendment, a "search" or "seizure" requiring a judicial warrant occurs no later than when the information is intercepted. That case is on appeal, has been briefed and argued, and a decision could come any time now. Similar cases are pending in two other courts of appeals. Also, an important definition from the new Intelligence Authorization Act: "(a) DEFINITIONS.-In this section: (1) COVERED COMMUNICATION.-The term ''covered communication'' means any nonpublic telephone or electronic communication acquired without the consent of a person who is a party to the communication, including communications in electronic storage."
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What would happen if pt moved from targeting the not so open OpenOffice, to target governments and enterprises trying to set future information system requirements?
NY State is next up on this endless list. Most likely they will follow the lessons of exhaustive pilot studies conducted by Massachusetts, California, Belgium, Denmark and England, and end up mandating the use of both open standard "XML" formats, ODF and OOXML.
The pilots concluded that there was a need for both XML formats; depending on the needs of different departments and workgroups. The pilot studies scream out a general rule of thumb; if your department has day-to-day business processes bound to MSOffice workgroups, then it makes sense to use MSOffice OOXML going forward. If there is no legacy MSOffice bound workgroup or workflow, it makes sense to move to OpenOffice ODF.
One thing the pilots make clear is that it is prohibitively costly and disruptive to try to replace MSOffice bound workgroups.
What NY State might consider is that the Web is going to be an important part of their informations systems future. What a surprise. Every pilot recognized and indeed, emphasized this fact. Yet, they fell short of the obvious conclusion; mandating that desktop applications provide native support for Open Web formats, protocols and interfaces!
What's wrong with insisting that desktop applciations and office suites support the rapidly advancing HTML+ technologies as well as the applicat