Kevin Smith, a scholarly-communications officer at Duke University, argued in a blog post that even though the publishers had revived their case, the appeals court had ruled against them on several important points:
The court agreed that potential copyright violations should be addressed on an “item by item” basis, rather than a “big picture” approach that would probably require Georgia State to purchase a “blanket license” to post e-reserve materials.
The court agreed that when evaluating whether e-reserve copying counts as fair use, it should be relevant that university libraries are nonprofit, educational institutions.
The court rejected the lower court’s “10 percent rule,” which drew a bright line on how much of a copyrighted work the university could make available free. The appellate judges instead advocated for “a more flexible approach that takes into account the amount appropriate for the pedagogical purpose.”
The court agreed that if a publisher had not made it possible for libraries to license excerpts of a copyrighted work, then libraries do not harm the market for the publisher’s products by copying the desired excerpts and making them freely available.
“These losses, which constitute the heart of what the publishers were hoping to achieve when they brought the lawsuit, are probably final,” wrote Mr. Smith.
“When intellectual property law experts cannot agree, we should not expect our history and math faculty to do justice to the fair use analysis each time. Instead, faculty will divide into two camps. One group will “throw caution to the wind” and use whatever content they wish in whatever form they desire, hoping never to raise the ire of the publishing companies. The other, out of an abundance of caution, will self-censor, and fail to make fair use of content for fear that they might step over a line they cannot possibly identify, and can never be certain of until a judge rules one way or the other. Either way, our students and the publishers lose out.”
“Over the next twenty years the earth is predicted to add another two billion people. Having nearly exhausted nature’s ability to feed the planet, we now need to discover a new food system. The global climate will continue to change. To save our coastlines, and maintain acceptable living conditions for more than a billion people, we need to discover new science, engineering, design, and architectural methods, and pioneer economic models that sustain their implementation and maintenance. Microbiological threats will increase as our traditional techniques of anti-microbial defense lead to greater and greater resistances, and to thwart these we must discover new approaches to medical treatment, which we can afford, and implement in ways that incite compliance and good health. The many rich and varied human cultures of the earth will continue to mix, more rapidly than they ever have, through mass population movements and unprecedented information exchange, and to preserve social harmony we need to discover new cultural referents, practices, and environments of cultural exchange. In such conditions the futures of law, medicine, philosophy, engineering, and agriculture – with just about every other field – are to be rediscovered. Americans need to learn how to discover.”
“We wanted to say to parents: ‘No one’s going to sell your kids’ data; nobody’s going to track your child around the Internet; no one’s going to compile a profile that is used against your child when they apply for a job 20 years later,’ ” said Jules Polonetsky, executive director of the Future Privacy Forum, which has received financing from technology companies, including some of the signatories to the privacy pledge. “We hope this is a useful way for companies that want to be trusted partners in schools to make it clear they are on the side of responsible data use.”
“The authors suggest that the large increases in borrowing rates by middle- and high-income college graduates might be explained by a number of factors. They cite, for example, policy changes that made it easier for students to access federal student loans regardless of need. In addition, they said, the recession’s impact on families’ wealth as well as the lack of other sources of borrowing in the wake of the financial crisis may also have pushed high-income families to take out student loans. Historically, many middle- and upper-income families have relied on home equity to pay for college, and declining housing values may have made that difficult or impossible.”
“Many university libraries have at least tried to imitate Google and other search providers’ design, greeting visitors with a single search box on an otherwise uncluttered page, but those similarities are often skin-deep. While university libraries are able to link that search box to a number of scholarly databases, the search experience is often identical for the graduate student of philosophy and the tenured professor of physics. Google, however, uses data collected from past searches to build user profiles and recommend personalized results.
Schonfeld said he generally supports more search engine personalization, but he recognized that many researchers still have qualms about that sort of data collection and the privacy issues it raises. “I think that tradeoff is a very real one for a lot of librarians — tradeoffs that the Googles of the world have accepted,” he said.”
“We send students to spend half a day at a testing center to take the SAT. We ought to invest equal time in sending them to assessment centers to gauge their values and their social, emotional and creative capabilities. If colleges did this, they would gain a much better picture of their prospective students. More students would have a fair chance to demonstrate their distinctive talents and qualifications, and colleges might be less likely to reject the next Walt Disney.”
“Even as many schools financially sputter, some districts are buying often-expensive football toys. In Texas, the El Paso Independent School District dipped nearly $10 million into its reserve fund and cut 172 teaching positions in June. This fall, that district is paying $10,000 for an online, video-compilation subscription called Hudl, allowing coaches and players at 10 local high schools to film, edit and add music to replays of scoring runs and catches — and to view opponents’ Hudl highlights. “It was determined that this is valuable and necessary product for our programs,” district spokesperson Vanessa Monsisvais wrote in an email to NBC News.”