Re: Hathitrust Answers Authors Guild Lawsuit; Trial Schedule Set

On 06/12/2011 16:34, Lee Passey wrote:
> 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."
>
>    
I thought this a very similar approach to that of Google's, which is now 
coming unstuck. It seems to me any judge is likely to follow Chin's 
stern line with the Google case, since Chin has moved up the judicial 
feeding chain. Also Hathi is a creation of several libraries, and not 
itself a library. Claims of this and that, as with the manoeuvering, are 
standard lawyer action. I do not agree with Lee about which is the real 
substance; the status of Hathi Trust is not resolved and the issues may 
change as opposition builds. That will repeat the slow start that 
eventually led to blocking the Google Agreement.

Joseph


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