From: Laura Quilter <[log in to unmask]> Date: Tue, 12 Aug 2014 15:15:28 -0400 FYI, y'all -- This case settled last month. (I hadn't seen an update in a while so I checked PACER, which lists settlement as approved July 10, 2014, and case finally dismissed on July 15, 2014.) ---------------------------------- Laura Markstein Quilter / [log in to unmask] Attorney, Geek, Militant Librarian, Teacher Copyright and Information Policy Librarian University of Massachusetts, Amherst [log in to unmask] Lecturer, Simmons College, GSLIS [log in to unmask] On Tue, Aug 20, 2013 at 7:01 PM, LIBLICENSE <[log in to unmask]> wrote: > > 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? > > ---------- > > David R. Hansen > Digital Library Fellow > UC Berkeley School of Law > [log in to unmask] > http://law.berkeley.edu/librarycopyright.htm