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Full-Text Articles in Intellectual Property Law
Muddy Waters: Fair Use Implications Of Google Llc V. Oracle America, Inc., Gary Myers
Muddy Waters: Fair Use Implications Of Google Llc V. Oracle America, Inc., Gary Myers
Northwestern Journal of Technology and Intellectual Property
Ooh
In the muddy water we’re falling
Ooh In the muddy water we’re crawling
Holds me down
Hold me now
Sold me out
In the muddy waters we’re falling
— Laura Pergolizzi (LP) - “Muddy Waters,” Lost On You (Vagrant Records 2016)
The United States Supreme Court ruling in Google LLC v. Oracle America, Inc. ended a long-running dispute between two giant technology companies. The case, which first began in 2010, has received considerable attention and commentary with regard to the scope of copyright protection for software and then about the contours of the fair use defense. The Court ultimately …
The Internet Archive’S National Emergency Library: Is There An Emergency Fair Use Superpower?, Aaron Schwabach
The Internet Archive’S National Emergency Library: Is There An Emergency Fair Use Superpower?, Aaron Schwabach
Northwestern Journal of Technology and Intellectual Property
On March 24, 2020, the Internet Archive announced that it would create a National Emergency Library offering no-waitlist borrowing of all of the books in its collection. In effect, this allowed unlimited, if temporary, downloads of copyrighted works. The National Emergency Library was presented as a response to the current national and global public health crisis; however, nothing in either the Copyright Act, 17 U.S.C. § 108 or the aspirational documents of ControlledDigitalLending.org provides a legal basis for a library to lend out more copies of a work at one time than it actually owns. Nor does the case law …