Subscribe free to our newsletters via your
. Solar Energy News .




INTERNET SPACE
US judge weighs Google book copyright case
by Staff Writers
New York City (AFP) Sept 23, 2013


A federal judge Monday pointedly questioned attorneys for the Authors Guild in a long-running case on whether Google's book-scanning project violates copyright law.

The two sides presented oral arguments in a hearing on whether the case should be dismissed, or whether the authors can maintain their challenge to the massive digitization project.

US District Judge Denny Chin said a core question in determining the case is whether there is "benefit to society" in helping users find information from books, facilitating inter-library loans or permitting data mining. All of these functions have been cited by proponents of Google's "Library Project" in legal briefs, Chin said.

An attorney for the guild said that while some uses may benefit society in some instances, it should not override authors' rights to control the content they created.

"Then there's a question of whether Google has to pay for it," Edward Rosenthal, an attorney representing the Authors Guild, told the court.

The back-and-forth between Rosenthal and Chin dominated a 45-minute hearing on the eight-year old proceeding.

Google has asked the court for summary judgement, a ruling that would gut the heart of the guild's case. The authors' group, in turn, has asked the court to deny Google's defense that the copying is a "fair use" that allows a deviation from normal copyright protections.

Google has scanned more than 20 million books so far in the project. Books in the public domain -- without current copyrights -- are made available online to the public for free. For copyrighted books Google offers a searchable database that displays snippets of text.

The guild has argued that content creators should control their work and that Google's display of the excerpts violates copyright norms.

The guild argues further that Google's objectives are purely commercial since Google's main goal in the endeavor is to boost use of its search engine, which generates advertising revenue. While some users of Google's project may have worthy aims, Google's use of the material are not fair use, the guild argues.

Google counters that its book-scanning program provides a valuable societal benefit that can provide much sought-after information to users, permit innovative ways to analyze texts and generally enhance knowledge. Google argues its use of the material is only "indirectly commercial."

Chin focused most of his questions on the guild's contentions about Google's objectives. Chin said Google's use of the material can be fair use, even if there are commercial benefits to the company.

Another question Chin fixated on was the guild's argument that the Google service harms authors by diverting business away from Amazon and other booksellers once consumers realize they can find excerpts on the Google site for free.

Chin conceded that it is possible that a reader might decide to abandon a possible purchase because of the Google site, but questioned whether such an outcome was a "reasonable" possibility.

Rosenthal told the court readers will stop buying books on Amazon because of the Google site. Excerpts available on Amazon's site differ from the Google snippets because authors get to decide, he said.

"Authors have a right to decide whether they want their books not only displayed, but also stored," Rosenthal said.

Google meanwhile contends that there is no evidence the service harms book sales.

Daralyn Durie, an attorney representing the tech giant, said there was only the tiniest of chances of a user could cobble together enough content from the snippets to avoid buying a book.

"There's no reason to think Google Books is being used for a purpose other than what it was designed for," Durie said.

The two sides reached a tentative $125 million settlement in the case in 2008, but Chin rejected the agreement in a March 2011 ruling, concluding it was not "fair, adequate and reasonable." That opened up the litigation to a new phase, culminating in Monday's one-day hearing.

.


Related Links
Satellite-based Internet technologies






Comment on this article via your Facebook, Yahoo, AOL, Hotmail login.

Share this article via these popular social media networks
del.icio.usdel.icio.us DiggDigg RedditReddit GoogleGoogle








INTERNET SPACE
Asia snaps up Apple's first gold-coloured iPhone
Singapore (AFP) Sept 20, 2013
Asian consumers have snapped up Apple's first gold-coloured iPhone, but many were left disappointed and frustrated at missing out during Friday's highly anticipated global launch of the 5S. From Japan to Singapore, China and Hong Kong, there was a particular clamour for the gold-coloured version, closely associated with wealth in Asian cultures. It was not clear how many of the golden 5 ... read more


INTERNET SPACE
Algae Biofuel Can Cut CO2 Emissions by up to 68 Percent Compared to Petrol

Stanford scientists use 'wired microbes' to generate electricity from sewage

Sharing the risks/costs of biomass crops

Indy 500 race cars showcase green fuels

INTERNET SPACE
Robots take over

A swarm on every desktop: Robotics experts learn from public

European researchers envision wearable exoskeleton for factory workers

Ultra-fast trading robots can send markets out of control

INTERNET SPACE
Trump's suit to halt wind farm project to be heard in November

Ireland connects first community-owned wind farm to grid

Moventas significantly expands wind footprint

No evidence of residential property value impacts near US wind turbines

INTERNET SPACE
AllCell's Self-Cooling 48V Micro-Hybrid Battery Solves Hot Parking Lot Problem

California's low-carbon fuel standard to stay

Innovative Auto Steering Device Could Save Lives

Bicycle built by Dutch students sets speed record of 83.13 mph

INTERNET SPACE
Oil thieves cripple Nigeria's production, cost state $5B a year

Venezuelan president in China after US airspace row

Clean Energy, Ferus Natural Gas Fuels, and GE Join Forces To Jointly Deliver LNG

Russia tows Greenpeace ship to port, activists risk charges

INTERNET SPACE
Iran to take control of Russian-built reactor 'Monday'

Iran assumes control of Bushehr nuclear plant

Japan PM Abe at Fukushima in PR push

Over 1,000 tons of Fukushima water dumped after typhoon

INTERNET SPACE
Lithuania to focus on external suppliers at EU Energy Council meeting

US to limit emissions at new power plants

New Australian PM abolishes climate watchdog

Cyberattacks threaten electrical grid

INTERNET SPACE
31 percent of timber, mining, agriculture concessions in 12 nations overlap with local land rights

Tropical forest carbon absorption may hinge on an odd couple

Heavily logged forests still valuable for tropical wildlife

Mangroves bring wildlife back to Senegal coast




The content herein, unless otherwise known to be public domain, are Copyright 1995-2014 - Space Media Network. AFP, UPI and IANS news wire stories are copyright Agence France-Presse, United Press International and Indo-Asia News Service. ESA Portal Reports are copyright European Space Agency. All NASA sourced material is public domain. Additional copyrights may apply in whole or part to other bona fide parties. Advertising does not imply endorsement,agreement or approval of any opinions, statements or information provided by Space Media Network on any Web page published or hosted by Space Media Network. Privacy Statement