Re: Hathitrust Answers Authors Guild Lawsuit; Trial Schedule Set

On Tue, December 6, 2011 5:25 am, joseph harris wrote:

> Hathitrust Answers Authors Guild Lawsuit; Trial Schedule Set
>
> http://www.booktrade.info/i.php/35953-37591
> http://www.publishersweekly.com/pw/by-topic/digital/copyright/article/49742-hathitrust-answers-authors-guild-lawsuit-trial-schedule-set.html
>
> '... HathiTrust claim the Authors Guild suit should be dismissed because
> the libraries are protected by state sovereign immunity, and also that
> the HathiTrust is in fact “a service” of the University of Michigan, and
> not a “distinct legal entity that can be sued."...'

The quote relates only to the procedural maneuvering that is inevitable at the
beginning of any lawsuit; if a party can get a lawsuit dismissed on procedural
grounds it doesn't resolve any of the real issues, it just makes the process
more expensive for the opposing party.

The quote that Mr. Harris /should/ have used, because it relates to the
substance of the legal issues, is:

"On the merits, meanwhile, lawyers claim the libraries’ activity are
permissible under fair use, section 107 of the Copyright Act, as well as
sections 108, the library exemption, and sections 109, 110, and 121."



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