From: Joseph Esposito <[log in to unmask]>
Date: Sat, 16 Jul 2016 15:08:15 -0400

I was puzzling over some of the copyright issues concerning text and
data mining (TDM) this week and wonder if anyone on this list can
offer some guidance. Basically, I have two questions:

1.  My understanding is that there is a growing body of court rulings
to the effect that TDM is not protected by copyright. That is,
machines/robots/spiders can mine full-text databases without
triggering a copyright claim. Are there any summary articles/blog
posts that lay out the current view of this?

2.  Related to this is a question that came up concerning SciHub and
other sites that reproduce scholarly content. While it may be a breach
of contract or illegal to upload content to SciHub and its brethren,
and it may be illegal for SciHub to display that content, there is no
legal restriction on downloading that content. The downloader, on the
other hand, cannot redisplay that content. If this is true, could a
TDM robot download articles from SciHub (or, for that matter, from
ResearchGate or Academia.edu) with impunity?

Can anybody help me here?

Joe Esposito

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Joseph J. Esposito
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