Google Books and Fair Use: A Tale of Two Copyrights?

On 14 November 2013, the US District Court of the Southern District of New York issued a major ruling in favour of the Google Books project, concluding that Google’s unauthorized scanning and indexing of millions of copyrighted books in the collections of participating libraries and subsequently making snippets of these works available online through the “Google Books” search tool qualifies as a fair use under section 107 USCA. After assuming that Google’s actions constitute a prima facie case of copyright infringement, Judge Chin examined the four factors in section 107 USCA and concluded in favour of fair use on the grounds that the project provides “significant public benefits,” that the unauthorized use of copyrighted works (a search tool of scanned full-text books) is “highly transformative” and that it does not supersede or supplant these works. The fair use defence also excluded Google’s liability for making copies of scanned books available to the libraries (as well as under secondary liability since library actions were also found to be protected by fair use): it is aimed at enhancing lawful uses of the digitized books by the libraries for the advancement of the arts and sciences. A previous ruling by the same court of 22 March 2011 had rejected a settlement agreement proposed by the parties, on the grounds that it was “not fair, adequate, and reasonable”. The Authors Guild has appealed the ruling.

Walter Friedländer (1891-1984) – Between Social Democracy and Social Darwinism

If the profession of social work is to have a future we must know where it came from, and the series of portraits of our pioneers is one of the paths into the origins of that profession. I feel grateful to the publishers for this online-journal and also honoured to be asked to continue the series on pioneers in social work. I gladly comply because, in connection with my research on Alice Salomon and other social workers who were expelled from Germany and other Nazi-occupied territories (Wieler1989 and 1995) I had the pleasure and privilege of meeting and interviewing Walter Friedländer shortly before he passed away. It is years ago that I visited him in his home among stacks of books and piles of papers. My memories are vivid. I still see his sparkling eyes and hear his soft voice with a very heavy German accent. I was most impressed by his memory of historical events and people which, it seemed, only a large hard-drive could retain these days. Now, I wish I had asked more questions but instead, we will have to rely largely on primary and secondary literature and box upon box of archival materials. I draw heavily on the comprehensive German and Jewish Intellectual Emigré Collection (http://library.albany.edu/speccoll/findaids/ger003.htm) which consists of nearly 50 cubic feet and another collection of the German Central Institute („Deutsches Zentralinstitut für Soziale Fragen-DZI“) in Berlin (www.dzi.de). Some of the more current archival materials were lost in a flood, and much of Friedländer’s early memorabilia up to 1933 was lost in Germany. There are also internet resources with widely differing information. I hope that I will not have overlooked too much in order to do justice to this remarkable pioneer and colleague. In order to appreciate and pay tribute to Walter Friedländer and his contributions we will have to reconsider the historical and international context of more than the 93 years of his life span: the German Monarchy, the Weimar Republic, Nazi-Fascism, Swiss, French and American exile and numerous visits to other countries.

Igbo Nationalism and Biafra

When I was living in Igboland in 1993 and from 1994 to 1996, there was not much talk about Biafra, the secessionist republic that had been defeated by the Nigerian army in 1970. Not one Igbo politician suggested that his or her people in the southeast of Nigeria should secede again and proclaim a second Biafra. Since 1984, Nigeria had been ruled by the military, and political hopes focused on a return to democracy. Democracy did come in 1999, but it proved a big disappointment. It did not end the marginalisation of the Igbo but led to an increase in the number of ethnic and religious clashes, with Igbo 'migrants' in northern Nigeria as the main victims. It was Nigeria's fourth transition to democracy, and the Igbo lost out again. When I returned to Igboland for brief visits between 2000 and 2007, the option of a new Biafra was widely discussed. Many of my former colleagues at the University of Nsukka seemed to be in favour of the secession project. I talked to supporters of the main separatist organisation, Movement for the Actualisation of a Sovereign State of Biafra (MASSOB), and I discussed the project with members of Ohanaeze, a loose association of Igbo politicians, most of whom had distanced themselves from radical secessionism. In order to learn more about the resurgence of Igbo nationalism, I collected Igbo periodicals. A few of them, such as the New Republic, resembled newspapers; others, like News Round, Eastern Sunset or Weekly Hammer (with eight pages in A4 size), looked more like political pamphlets. Street vendors used back issues as wrapping paper, so they were easy to get. Most of them had been edited not in Igboland, but in Lagos, Nigeria's commercial centre and former capital which is home to a huge Igbo diaspora. Though written in English, these publications are addressed exclusively to an Igbo readership, discussing global and domestic affairs from a nationalist point of view. Articles printed here, no matter their topic, are nationalist in the sense that they assess things from the standpoint of Igbo interests. The same is true of many articles on Igbo websites and of some books and brochures written for an Igbo audience. Another source of information on Igbo nationalism are statements by Igbo governors, ministers, members of parliament and other professional politicians who are quoted in newspapers, such as Vanguard or Guardian, and in weekly magazines such as Newswatch, Tell or The News – all with a Nigeria-wide circulation and a multi-ethnic readership. Nigeria's papers and magazines are among the best in Africa. They try to be balanced in their coverage of ethnic conflicts, and they give reliable information. The same cannot be said of periodicals produced by Igbo nationalists. They provide space for Igbo all over the world to voice their opinions, and they tolerate much controversy, but they are not accurate when reporting facts.