Corante

AUTHORS

Donna Wentworth
( Archive | Home | Technorati Profile)

Ernest Miller
( Archive | Home )

Elizabeth Rader
( Archive | Home )

Jason Schultz
( Archive | Home )

Wendy Seltzer
( Archive | Home | Technorati Profile )

Aaron Swartz
( Archive | Home )

Alan Wexelblat
( Archive | Home )

About this weblog
Here we'll explore the nexus of legal rulings, Capitol Hill policy-making, technical standards development, and technological innovation that creates -- and will recreate -- the networked world as we know it. Among the topics we'll touch on: intellectual property conflicts, technical architecture and innovation, the evolution of copyright, private vs. public interests in Net policy-making, lobbying and the law, and more.

Disclaimer: the opinions expressed in this weblog are those of the authors and not of their respective institutions.

What Does "Copyfight" Mean?

Copyfight, the Solo Years: April 2002-March 2004

COPYFIGHTERS
a Typical Joe
Academic Copyright
Jack Balkin
John Perry Barlow
Benlog
beSpacific
bIPlog
Blogaritaville
Blogbook IP
BoingBoing
David Bollier
James Boyle
Robert Boynton
Brad Ideas
Ren Bucholz
Cabalamat: Digital Rights
Cinema Minima
CoCo
Commons-blog
Consensus @ Lawyerpoint
Copyfighter's Musings
Copyfutures
Copyright Readings
Copyrighteous
CopyrightWatch Canada
Susan Crawford
Walt Crawford
Creative Commons
Cruelty to Analog
Culture Cat
Deep Links
Derivative Work
Detritus
Julian Dibbell
DigitalConsumer
Digital Copyright Canada
Displacement of Concepts
Downhill Battle
DTM:<|
Electrolite
Exploded Library
Bret Fausett
Edward Felten - Freedom to Tinker
Edward Felten - Dashlog
Frank Field
Seth Finkelstein
Brian Flemming
Frankston, Reed
Free Culture
Free Range Librarian
Michael Froomkin
Michael Geist
Michael Geist's BNA News
Dan Gillmor
Mike Godwin
Joe Gratz
GrepLaw
James Grimmelmann
GrokLaw
Groklaw News
Matt Haughey
Erik J. Heels
ICANNWatch.org
Illegal-art.org
Induce Act blog
Inter Alia
IP & Social Justice
IPac blog
IPTAblog
Joi Ito
Jon Johansen
JD Lasica
LawMeme.org
Legal Theory Blog
Lenz Blog
Larry Lessig
Jessica Litman
James Love
Alex Macgillivray
Madisonian Theory
Maison Bisson
Kevin Marks
Tim Marman
Matt Rolls a Hoover
miniLinks
Mary Minow
Declan McCullagh
Eben Moglen
Dan Moniz
Napsterization
Nerdlaw
NQB
Danny O'Brien
Open Access
Open Codex
John Palfrey
Chris Palmer
Promote the Progress
PK News
PVR Blog
Eric Raymond
Joseph Reagle
Recording Industry vs. the People
Lisa Rein
Thomas Roessler
Seth Schoen
Doc Searls
Seb's Open Research
Shifted Librarian
Doug Simpson
Slapnose
Slashdot.org
Stay Free! Daily
Sarah Stirland
Swarthmore Coalition
Tech Law Advisor
Technology Liberation Front
Teleread
Siva Vaidhyanathan
Vertical Hold
Kim Weatherall
Weblogg-ed
David Weinberger
Matthew Yglesias

LINKABLE + THINKABLE
AKMA
Timothy Armstrong
Bag and Baggage
Charles Bailey
Beltway Blogroll
Between Lawyers
Blawg Channel
bk
Chief Blogging Officer
Drew Clark
Chris Cohen
Crawlspace
Crooked Timber
Daily Whirl
Dead Parrots Society
Delaware Law Office
J. Bradford DeLong
Betsy Devine
Dispositive
Ben Edelman
EEJD
Ernie the Attorney
FedLawyerGuy
Foreword
How Appealing
Industry Standard
IP Democracy
IPnewsblog
IP Watch
Dennis Kennedy
Rick Klau
Wendy Koslow
Kuro5hin.org
Elizabeth L. Lawley
Jerry Lawson
Legal Reader
Likelihood of Confusion
Chris Locke
Derek Lowe
Misbehaving
MIT Tech Review
NewsGrist
OtherMag
Paper Chase
Frank Paynter
PHOSITA
Scott Rosenberg
Scrivener's Error
Jeneane Sessum
Silent Lucidity
Smart Mobs
Trademark Blog
Eugene Volokh
Kevin Werbach

ORGANIZATIONS
ARL
Berkman @ Harvard
CDT
Chilling Effects
CIS @ Stanford
CPSR
Copyright Reform
Creative Commons
DigitalConsumer.org
DFC
EFF
EPIC
FIPR
FCC
FEPP
FSF
Global Internet Proj.
ICANN
IETF
ILPF
Info Commons
IP Justice
ISP @ Yale
NY for Fair Use
Open Content
PFF
Public Knowledge
Shidler Center @ UW
Tech Center @ GMU
U. Maine Tech Law Center
US Copyright Office
US Dept. of Justice
US Patent Office
W3C


In the Pipeline: Don't miss Derek Lowe's excellent commentary on drug discovery and the pharma industry in general at In the Pipeline

Copyfight

« 53MB of Copyright Violations | Main | RIM Delay Denied »

October 26, 2005

A Copy Is As a Copy Does

Email This Entry

Posted by

William Patry: "If [a] defendant's 'fixation' is evanscent, as in buffering or caching, why, for infringement purposes, should it be deemed a 'copy'? Such copying is not being done for its own value, but rather to facilitate a non-infringing use, such as a licensed public performance. Might not the same be true for intermediate copying and other copying technologically necessary for non-infringing activity (like limited searching of books)?"

On that note, here's a snippet from a forthcoming Wired Magazine piece by Larry Lessig, courtesy of the Pho list (sorry there's no link; the article's evidently not online yet) :


Google creates value -- a lot of it -- by indexing existing content. But when it comes to books, the content owners want a slice of that value -- and who wouldn't? No publisher ever said, "I'll lose money on book sales, but I'll make it up from Internet searches." They therefore intone "grave misgivings" about copyright in order to demand a piece of the action: money. It's an old technique (the Motion Picture Association of America famously tried it against Sony Betamax). But the inspiration is not copyright, it's Tony Soprano.

Google wants to index content. Never in the history of copyright law would anyone have thought that you needed permission from a publisher to index a book's content. Imagine if a library needed consent to create a card catalog. But Google indexes by "copying." And since 1909, US copyright law has given copyright holders the exclusive right to control copies of their works. "Bingo!" say the content owners.

But the Congress that altered the copyright statutes in 1909 didn't have Google Print in mind. By copy, Congress meant the sort of act that would be in competition with the incentives that copyright law was (fittingly) meant to establish for authors. Nothing in what Google wants to do affects those incentives to creativity.


Much, much, much more discussion going on out there. Alas, I can't linger. Here, a set of links for following the ongoing blogalogue among those who can: Siva Vaidhyanathan, Derek Slater, and Michael Madison:

  • Siva: "Google can and should do what's best for its shareholders. The rest of us should worry about what's best for the culture, democracy, and the Internet."
  • Derek: "[The] potential injury to copyright holders is minute, the potential benefit to them is significant, and the potential public benefit is even greater. Can the market satisfy all our public policy concerns? No. But Google can be a private company and still fufill public policy objectives."
  • Michael: "It’s right to be perplexed by the idealization of Google, but it’s wrong, I think, to use that skepticism as a reason to reject Google Print."

Bonus: Paula Hane's blog notes from last night's Google-brary debate.

Update (Oct. 27): Providing balance to the more academic/theoretical musings, IP attorney/uber-blawger Denise Howell offers a typically sharp, street-savvy analysis of the challenges ahead for both sides in the legal battle(s) over the Google Print library project.

Comments (4) + TrackBacks (0) | Category: IP Use


COMMENTS

1. Seth Finkelstein on October 26, 2005 2:37 PM writes...

"Might not the same be true for intermediate copying ..."

I forget the technical name for this, but it's basically Slippery Slope.

Here, it's logically equivalent to the question under at issue - can a fair-use end application justify extensive copying of commercial results?
So the restatement doesn't help either way.

Permalink to Comment

2. Joseph Pietro Riolo on October 26, 2005 8:24 PM writes...

Publishers and authors don't realize or even admit
that the U.S. copyright law recognizes index as a
separate work, not a derivative work. So, if during
the process of creating index I need to copy a work,
I will not infringe the copyright holder's copyright.
Publishers and authors don't have absolute monopoly
over all forms and actions of copy.

Basically, all of the issues boil down to this:
Publishers and authors don't want to lose any control,
not even a teenie-weenie bit.


Joseph Pietro Riolo
<josephpietrojeungriolo@gmail.com>
<riolo@voicenet.com>

Public domain notice: I put all of my expressions in this
comment in the public domain.

Permalink to Comment

3. Mary on October 22, 2006 4:25 PM writes...


Permalink to Comment

4. Joyce on March 1, 2007 12:48 PM writes...


I wanted to thank you for the time you spent building this page.n

Permalink to Comment

POST A COMMENT




Remember Me?



EMAIL THIS ENTRY TO A FRIEND

Email this entry to:

Your email address:

Message (optional):




RELATED ENTRIES
Muddying the Natural (Patent) Waters
Congress Restores Bulk Unlock Rights
When is a Game a Clone?
Subscription Services for Books
Lest You Had Any Doubts, the ALA is on the Right Side Again
Deadly Effects of Unaffordable Medicines (TPP)
Planet Money on the Case Against Patents
FMC + Musicians vs FCC on Net Neutrality