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	<title>Comments on: More Perspectives on Google Books</title>
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	<link>http://www.dancohen.org/2007/11/06/more-perspectives-on-google-books/</link>
	<description>Covering the intersection of digital technology and research, teaching, and learning in the humanities, including search, data mining, website development and design, and programming.</description>
	<pubDate>Sat, 30 Aug 2008 01:17:15 +0000</pubDate>
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		<title>By: Television Archiving &#187; Blog Archive &#187; links for 2007-11-08</title>
		<link>http://www.dancohen.org/2007/11/06/more-perspectives-on-google-books/#comment-1085</link>
		<dc:creator>Television Archiving &#187; Blog Archive &#187; links for 2007-11-08</dc:creator>
		<pubDate>Thu, 08 Nov 2007 22:20:54 +0000</pubDate>
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		<description>[...] Dan Cohen’s Digital Humanities Blog » Blog Archive » More Perspectives on Google Books (tags: googlebooks digitization partnerships) [...]</description>
		<content:encoded><![CDATA[<p>[...] Dan Cohen’s Digital Humanities Blog » Blog Archive » More Perspectives on Google Books (tags: googlebooks digitization partnerships) [...]</p>
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		<title>By: Siva Vaidhyanathan</title>
		<link>http://www.dancohen.org/2007/11/06/more-perspectives-on-google-books/#comment-1067</link>
		<dc:creator>Siva Vaidhyanathan</dc:creator>
		<pubDate>Tue, 06 Nov 2007 18:27:27 +0000</pubDate>
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		<description>Hey, thanks for the props.

To explain my full-text postings: For a variety of reasons that would take too long to explain in comments, posting of entire Web-based articles about which one is commenting on a not-for-profit Web site is almost never an infringement. And posting them on a for-profit site is rarely and infringement.

The reason is the "self-help" or "notice-and-takedown" provisions of the Digital Millennium Copyright Act. This and the landmark case Kelly v. ArribaSoft made clear that different copyright norms exist for the Web world and the real world. 

That said, Google has built its entire Web search empire on the act of copying Web sites into its index in total, without permission, without compensation. And that's good.

But in Book Search, Google is reaching into the real world and forcing it to comply with the norms of the Web world. And that's not necessarily good. Or, at least, it's likely to cause more trouble than it solves because courts will recoil.

This is all in the context of Hollywood and Microsoft trying to undermine the "notice-and-takedown" provisions of the DMCA.

As I said. Long story.</description>
		<content:encoded><![CDATA[<p>Hey, thanks for the props.</p>
<p>To explain my full-text postings: For a variety of reasons that would take too long to explain in comments, posting of entire Web-based articles about which one is commenting on a not-for-profit Web site is almost never an infringement. And posting them on a for-profit site is rarely and infringement.</p>
<p>The reason is the &#8220;self-help&#8221; or &#8220;notice-and-takedown&#8221; provisions of the Digital Millennium Copyright Act. This and the landmark case Kelly v. ArribaSoft made clear that different copyright norms exist for the Web world and the real world. </p>
<p>That said, Google has built its entire Web search empire on the act of copying Web sites into its index in total, without permission, without compensation. And that&#8217;s good.</p>
<p>But in Book Search, Google is reaching into the real world and forcing it to comply with the norms of the Web world. And that&#8217;s not necessarily good. Or, at least, it&#8217;s likely to cause more trouble than it solves because courts will recoil.</p>
<p>This is all in the context of Hollywood and Microsoft trying to undermine the &#8220;notice-and-takedown&#8221; provisions of the DMCA.</p>
<p>As I said. Long story.</p>
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