Comments on: Lessig’s Uncompromising Position http://acrlog.org/2005/11/08/lessigs-uncompromising-position/ Blogging by and for academic and research librarians Sat, 04 Feb 2012 22:32:54 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: K. Matthew Dames http://acrlog.org/2005/11/08/lessigs-uncompromising-position/comment-page-1/#comment-133 K. Matthew Dames Tue, 08 Nov 2005 20:22:37 +0000 http://acrlblog.org/2005/11/08/lessigs-uncompromising-position/#comment-133 My urge to have these issues adjudicated at trial has more to do with wanting some guidance in the emerging area of digitization than whether or not Google's actions qualify as fair use. I would like to see Google win any case that turns on a fair use analysis; I'd like more just to see fair use issues get a full hearing in court. As I wrote in October [ http://www.copycense.com/2005/10/google_shouldnt.html ], the parties in these lawsuits settle out of court too often, depriving other interested parties the opportunity to benefit from the direction a court decision may bring. Even if a court decision is adverse to Google and its supporters, such a decision provides some guidance to those who wish to engage in similar projects. A confidential settlement would deprive libraries, archives, and other parties the chance to act appropriately. K. Matthew Dames Executive Editor, CopyCense www.copycense.com My urge to have these issues adjudicated at trial has more to do with wanting some guidance in the emerging area of digitization than whether or not Google’s actions qualify as fair use.

I would like to see Google win any case that turns on a fair use analysis; I’d like more just to see fair use issues get a full hearing in court. As I wrote in October [ http://www.copycense.com/2005/10/google_shouldnt.html ], the parties in these lawsuits settle out of court too often, depriving other interested parties the opportunity to benefit from the direction a court decision may bring.

Even if a court decision is adverse to Google and its supporters, such a decision provides some guidance to those who wish to engage in similar projects. A confidential settlement would deprive libraries, archives, and other parties the chance to act appropriately.

K. Matthew Dames
Executive Editor, CopyCense
http://www.copycense.com

]]> By: John Overholt http://acrlog.org/2005/11/08/lessigs-uncompromising-position/comment-page-1/#comment-132 John Overholt Tue, 08 Nov 2005 18:08:43 +0000 http://acrlblog.org/2005/11/08/lessigs-uncompromising-position/#comment-132 Fair use has been dying the death of a thousand cuts for ages now, because all the financial and lobbying muscle has been on the side of those who see copyright as an absolute (and seemingly divinely inspired) good. Although the reason I value fair use is for its noncommercial uses, I couldn't be more pleased that someone with a financial interest is stepping up as its defender. So often individuals surrender their fair use rights because they can't hope to stare down the legal team of a major corporation. I hope Google won't follow that path, so that fair use has a chance at a fair fight this time. Fair use has been dying the death of a thousand cuts for ages now, because all the financial and lobbying muscle has been on the side of those who see copyright as an absolute (and seemingly divinely inspired) good. Although the reason I value fair use is for its noncommercial uses, I couldn’t be more pleased that someone with a financial interest is stepping up as its defender. So often individuals surrender their fair use rights because they can’t hope to stare down the legal team of a major corporation. I hope Google won’t follow that path, so that fair use has a chance at a fair fight this time.

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