Open Access. Powered by Scholars. Published by Universities.®
Social and Behavioral Sciences Commons™
Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Social and Behavioral Sciences
The New Legal Landscape For Text Mining And Machine Learning, Matthew Sag
The New Legal Landscape For Text Mining And Machine Learning, Matthew Sag
Faculty Articles
Now that the dust has settled on the Authors Guild cases, this Article takes stock of the legal context for TDM research in the United States. This reappraisal begins in Part I with an assessment of exactly what the Authors Guild cases did and did not establish with respect to the fair use status of text mining. Those cases held unambiguously that reproducing copyrighted works as one step in the process of knowledge discovery through text data mining was transformative, and thus ultimately a fair use of those works. Part I explains why those rulings followed inexorably from copyright's most …
The Google Book Settlement And The Fair Use Counterfactual, Matthew Sag
The Google Book Settlement And The Fair Use Counterfactual, Matthew Sag
Faculty Articles
The sprawling Google Book Search litigation began as a dispute between the search engine colossus and a variety of authors and publishers over the legality of Google’s book digitization effort, the Google Book Search project (“GBS” or “Google Book Search”), for the purpose of indexing paper collections and making them searchable on the Internet. However, through the metamorphic power of class action litigation, a dispute over mere indexing and searching has been transformed into a comprehensive agreement over the future of the book as a digital commodity. Understanding this transformation and its implications is the central ambition of this article. …
God In The Machine: A New Structural Analysis Of Copyright's Fair Use Doctrine, Matthew Sag
God In The Machine: A New Structural Analysis Of Copyright's Fair Use Doctrine, Matthew Sag
Faculty Articles
Recognition of the structural role of fair use has the potential to mitigate some of the uncertainty of current fair use jurisprudence. The statutory framework for fair use both mitigates and causes uncertainty. It mitigates uncertainty by providing a consistent framework of analysis the four statutory factors. However, when judges apply the statutory factors without articulating or justifying their own assumptions, they increase uncertainty. The statutory factors mean nothing without certain a priori assumptions as to the scope of the copyright owner's rights. A more stable and predictable fair use jurisprudence would begin to emerge if those assumptions were made …