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.

Democracy Concepts of the Fundamentalist Parties of Algeria and Tunisia – Claim and Reality

This article discusses democratic elements in early Islamic sources and in the programs of the Algerian FIS (Front Islamique du Salut) and ANNAHDA in Tunesia. According to historic writings, Islam includes the principles of democratic consensus, consultation, and freedom of opinion, and an understanding that the sources of Islamic jurisdiction are subject to interpretation, that the sharia can be changed, and that religious authorities’ power to issue instructions on worldly matters is limited. These are the type of expectations that fundamentalist parties arouse when they speak of an Islamic caliphate as a state system. Against this background, an examination of the political system proposed until 1992 by the Algerian FIS shows that this system would have resulted in a very restrictive form of Islam. An investigation of the political system of the Tunisian fundamentalist leader Rached al-Ghannouchi reveals that the system he proposes may be designated as an Islamic democracy, since it takes into account separation of powers and pluralism of political parties. The head of state would be subject to the law in the same manner as the people. However, it is no liberal democracy, as he categorically rejects secularism, intends to punish apostates, and is only willing to allow political parties that are based on the religion of Islam. His state would only be a state of those citizens who follow Islam, completely neglecting secularist groups. Social conflicts and unrest are thus predetermined.