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Big Content in worldwide "whisper campaign" against Fair Use
The counter-reformation in question takes the form of a "whispering campaign" in which ministries in different countries are told that plans to expand fair use rights might well run afoul of the Berne Convention's "three-step test." The Convention, which goes back to the late 1800s, was one of the earliest international copyright treaties and is now administered by the World Intellectual Property Organization (WIPO).
Turnitin wins important victory in fight to combat plagiarism (and the bloat of copyright) (©ollectanea)
To the relief of many a high school, college and university administrator, Turnitin's system for helping teachers identify possible cases of plagiarism got a pass from the judge earlier this month. AV v. iParadigms (District Court, Eastern District of Virginia).
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Thus, while I would hesitate to cite this analysis, it does give us some insight into how this court views the 4-part test. The analysis leans heavily on recent cases like Perfect 10 v. Google, that compare speculative harms to copyright owners with the enormous public benefit of transformative uses like indexing and come to the entirely unremarkable conclusion that such uses are pretty much exactly what fair use is supposed to be all about.
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