Publishers Face No-Win Situation In University Spat
from the take-a-chill-pill dept
Ever since the Napster brouhaha of yore, and perhaps before that, a consistent theme has cropped up in cases where content publishers take aim at those who distribute said content without paying for it: although their claims often have merit, their litigious actions potentially harm their cause more than help it. This could happen to the Association of American Publishers, which is making bellicose moves against University of California schools making reserve course material available online. The publishers say this violates fair use because -- even though college libraries have long copied and distributed such materials -- electronic downloads make wide distribution too easy. The publishers could be right, and not enough case law exists to interpret the fuzziness that typically surrounds fair use. However, a lawsuit could result in a Pyrrhic victory, as the case would no doubt bring publishers much negative PR. Moreover, what's to stop academics from choosing different content? Talk about limited distribution.
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