Hooray for Fair Use, but I’m more than a little nervous about Google being a step closer to controlling the world’s recorded knowledge.
Derrik, similar sentiments were expressed by someone on Facebook earlier today, to which I responded that I would ultimately rather have a fair use win, with the good/bad Google factor, than a loss or narrow ruling. Someone else responded further, pointing out that because this case was dismissed/decided on fair use, and not a settlement between AG and Google, there’s actually greater opportunity for others to make similar uses, because a settlement giving Google a deal with the AG would have automatically excluded anyone else attempting a similar project without securing a separate deal themselves, which likely would have been prohibitively expensive, if not downright impossible given AG’s hard-line stance. The end of the NYTimes piece I linked to addresses this, too. While it’s likely the Google will remain in the lead – it has such a large head start, and SO MUCH MONEY! – at least this ruling doesn’t prohibit others from creating similar archives.
Right. And, remember the Elephant. With libraries owning Hathi Trust, Google’s control over the books they scanned is not complete.