From: David Hansen <[log in to unmask]>
Date: Tue, 20 Aug 2013 08:47:23 -0400
I thought some of you might be interested in this lawsuit. I haven’t
seen it on the blogs anywhere yet –
The gravamen on the complaint is that ISCE library has made
unauthorized copies of the full text of plaintiff’s works and has
displayed/distributed them to ISCE members, who pay a fee for access
(though it is dubbed a “membership fee” by ISCE) . In both the
Plaintiffs’ complaint and the Defendants’ answer, it sounds as if
there are some important access limitations: 1) the complaint
acknowledges that only one person may access a work at a time, 2) in
Defendants’ answer, they claim that the full text can only be “checked
out” for two hours at a time, and 3) the answer also claims that only
two pages can be browsed at a time.
This statement, I think, sums up what ISCE is trying to do “The ISCE
Library is the closest possible digital analogue to a traditional
specialized research library – providing temporary and controlled
access one borrower at a time to lawfully-purchased copies of works
maintained at the library’s leased physical premises at AWS – and with
a unique digital reference librarian.” (Answer at para 15).
The case raises a number of significant issues about the applicability
of library privileges (Sec. 108), fair use (Sec. 107), first sale
(Sec. 109)., 110 (non-profit educational displays), and Sec. 117
(designed to facilitate necessary copying for computer programs). All
are raised in the complaint or answer.
Case citation and copies of the complaint and answer/counterclaims below:
Harvard Business School Publishing Corp., John Wiley & Sons, Inc.,
and Univ. of Chicago v. Institute for the Study of Coherence and
Emergence, Inc., et al., Case No. 13-cv-11450(GAO), (D. Mass., June
17, 2013)
http://isce-library.org/suit.pdf
http://isce-library.org/answer.pdf
Does anyone know more about this?
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David R. Hansen
Digital Library Fellow
UC Berkeley School of Law
[log in to unmask]
http://law.berkeley.edu/librarycopyright.htm
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