From: Kevin Smith <[log in to unmask]>
Date: Fri, 17 Oct 2014 21:00:11 +0000

In the original decision favoring fair use, the District Court also
said the copying was not transformative. And like the district court,
the Court of Appeals held that the first fair use factor still favored
fair use, even though transformation was not found. On this point the
two courts seem to agree.

It looks to me, and I am also still reading, like the fair use
analysis has gotten stricter under the Eleventh Circuit's rules on
remand, but there is still room for fair use. The Court did not grant
the injunction the publishers were asking for, and on remand I would
still except a "split decision". Still, the split between fair uses
and infringing ones will probably be less tilted toward fair use.

Kevin L. Smith, J.D.
Director of Scholarly Communication
Duke University Libraries
Durham, NC 27708


> On Oct 17, 2014, at 4:47 PM, "LIBLICENSE" <[log in to unmask]> wrote:
>
> From: Joseph Esposito <[log in to unmask]>
> Date: Fri, 17 Oct 2014 16:19:28 -0400
>
> I understand that the courts have found that the GSU use of
> copyrighted material was "not transformative."  I am still reading the
> opinion and will welcome thoughtful discussion on this list:
>
> https://www.dropbox.com/s/mcrxq0ec2vc6t2u/GSU%20Decision.pdf?dl=0
>
> HT to Rob Richards for the link.
>
> Joe Esposito
>
> --
> Joseph J. Esposito
> Processed Media
> [log in to unmask]
> @josephjesposito
> +Joseph Esposito