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.

Conceptual and Theoretical Frameworks for Organised Violence

The possibility of violence is ubiquitous in human social relations, its forms are manifold and its causes complex. Different types of violence are interrelated but in complex ways, and they are studied within a wide range of disciplines, so that a general theory, while possible, is difficult to achieve. This paper acknowledges that violence can negate power and that all forms of social power can entail violence, proceeds on the assumption that the organisation of violence is a particular source of social power. It therefore explores the general relationships of violence to power, the significance of war as the archetype of organised violence, the relationships of other types (revolution, terrorism, genocide) to war, and the significance of civilian-combatant stratification for the understanding of all types of organised violence. It then discusses the problems of applying conceptual types in analysis, and the necessity of a historical framework for theorising violence. The paper concludes by offering such a framework in the transition from industrialised total war to global surveillance war.

Wortlautgrenze und Wörterbuch

Kriterien für die Angemessenheit einer Interpretation gibt es in vielen textbezogenen Wissenschaften. Die Juristen sind auf eine angemessene Interpretation des Gesetzes sogar von der Verfassung her verpflichtet. Die Gesetzesbindung soll eingelöst werden mit dem Kriterium der Wortlautgrenze. Wenn man diese Grenze im Wörterbuch finden will, überschätzt man seine Leistung. Wenn man sie ohne Wörterbuch finden will, unterschätzt man diese. Erst wenn man sich klar macht, dass die Wortlautgrenze nicht im Buch steht, sondern im Streit, kann man die Leistung der Wörterbücher richtig schätzen.

Disrupted Turn Adjacency and Coherence Maintenance in Instant Messaging Conversations

This article reports on a study of coherence in text-based log files from 120 two-party Instant Messaging (IM) conversations among a group of international students at a design school. The goals of the study were to investigate whether disrupted turn adjacency was an obstacle to coherence and to identify the linguistic strategies employed to maintain coherence. Additional signs of problematic coherence creation were also investigated, focusing on explicit signs of miscommunication. In this particular context, disrupted turn adjacency was not found to be a problem. Whereas devices for textual cohesion can be important, links between utterances can also be identified based on timing and distinctions between different types of feedback, as well as sequencing. The additional signs of miscommunication were all related to different aspects of problematic grounding. The article concludes with suggestions for design improvements to the IM tool.