Sent: Thursday, October 11, 2012 10:21 AM
Subject: Judge rules on suit against HathiTrust, Cornell et al
The judge ruled yesterday in the Author’s Guild lawsuit against the HathiTrust and 5 universities (including Cornell, the only private institution among the group). He found for the defendants on all almost all issues and has dismissed the suit. He concluded “I cannot imagine a definition of fair use that would not encompass the transformative uses made by Defendants' MDP [mass digitization program] and would require that I terminate this invaluable contribution to the progress of science and cultivation of the arts that at the same time effectuates the ideals espoused by the ADA." There is an excellent detailed summary of the background and legal findings of the decision at http://blog.lib.umn.edu/copyrightlibn/2012/10/authors-guild-v-hathi-trust-a-win-for-copyrights-public-interest-purpose.html for those who want more details. You can read the actual opinion at http://www.tc.umn.edu/~nasims/HathivAG10_10_12.pdf or http://www.scribd.com/doc/109647049/HathiTrust-Opinion.
Needless to say, I am pleased with this decision. I believe it is in the public interest and will also benefit authors and publishers. And all CUL staff members should be proud that their university was willing to take on this important battle on behalf of fair use and the “progress of science and useful arts,” which is the purpose of copyright.
Anne
Anne R. Kenney
Carl A. Kroch University Librarian