Non-display uses of digital works: Google Books and beyond

With the advent of mass digitization projects, such as the Google Book Search, a peculiar shift has occurred in the way that copyright works are dealt with. Contrary to what has so far been the case, works are turned into machine-readable data to be automatically processed for various purposes without the expression of works being displayed to the public. In the Google Book Settlement Agreement, this new kind of usage is referred to as ‘non-display uses’ of digital works. The legitimacy of these uses has not yet been tested by Courts and does not comfortably fit in the current copyright doctrine, plainly because the works are not used as works but as something else, namely as data. Since non-display uses may prove to be a very lucrative market in the near future, with the potential to affect the way people use copyright works, we examine non-display uses under the prism of copyright principles to determine the boundaries of their legitimacy. Through this examination, we provide a categorization of the activities carried out under the heading of ‘non-display uses’, we examine their lawfulness under the current copyright doctrine and approach the phenomenon from the spectrum of data protection law that could apply, by analogy, to the use of copyright works as processable data.

Crocodiles in the regulatory swamp: navigating the dangers of outsourcing, SaaS and shadow IT

Corporates are entering the brave new world of the internet and digitization without much regard for the fine print of a growing regulation regime. More traditional outsourcing arrangements are already falling foul of the regulators as rules and supervision intensifies. Furthermore, ‘shadow IT’ is proliferating as the attractions of SaaS, mobile, cloud services, social media, and endless new ‘apps’ drive usage outside corporate IT. Initial cost-benefit analyses of the Cloud make such arrangements look immediately attractive but losing control of architecture, security, applications and deployment can have far reaching and damaging regulatory consequences. From research in financial services, this paper details the increasing body of regulations, their inherent risks for businesses and how the dangers can be pre-empted and managed. We then delineate a model for managing these risks specifically focused on investigating, strategizing and governing outsourcing arrangements and related regulatory obligations

Is the Google Book Decision an Unqualified Good?

Unless you’ve been living on a deserted island or stranded (or not?) like the pelagic castaway Jose Ivan (http://bit.ly/1fq6JsJ) for over a year, you could not possibly have missed the news thatGoogle’s mass digitization project, Google Books, won its case.

A Call to Arms

This month I’m using my column to issue a call to arms. No, it isn’t a call to arms for war, though it is going to be battle. It is a call to professional librarians who are interested in their jobs lasting more than a few more years. That sounds a bit hysterical but I don’t mean for it to. Yet is it hyperbolic? I don’t think so. We need to rethink, recast, redefine, and refresh our professional métier. I think the last twenty-four months make it imperative that we do so now

But a Whimper

In my last rustication, I opined the details of the 300-page Google Book Deal settlement made in late 2008 between Google and authors and publishers vis-à-vis Google’s massive digitization scheme (those cases, viz., Authors Guild et al v. Google and McGraw-Hill et al v. Google).

E-e-e-e-asy Does It

Is it just my e-magination, or are we in an e-lust for e-books? E-verywhere I look, now, I seem to e-ncounter something about eBooks. I have been ebombarded recently with a glut of eBook offers.

“The True University of these Days Is a Collection of …” eBooks?!

We do live in interesting times, don’t we? This is especially true of those of us who spend most of our working lives in libraries. The last ten years have been so filled with change that it’s almost become a byword: if you don’t like something, just wait a few hours and it will change. This isn’t a complaint, just an observation.

Don't Get Goggle-Eyed Over Google's Plan to Digitize

Digitization is big news; it's a good idea; and it's inevitable. But let's not get all goggle-eyed over Google right away. Here are five reasons not to tear up your library card quite yet.

Mapping digital media: Brazil

The impact of digitization was felt before it could be described and explained. The Mapping Digital Media project is a way of catching up, an ambitious attempt at depicting and understanding the progress and effects of digitization on media and communications systems across the world. The publication of over 50 country reports provides the most comprehensive picture to date on the changes undergone by journalism, news production, and the media as a result of the transition of broadcasting from analog to digital and the advent of the internet. These extensive reports, all sharing the same structure, cover issues such as media consumption, public media, changes in journalism, digital activism, new regulation, and business models. Reports have been published from nine Latin American countries: Mexico, Argentina, Colombia, Peru, Chile, Brazil, Guatemala, Nicaragua, and Uruguay. Given the recent evolution of Brazil’s media landscape and regulation, and its position as a regional reference, few reports have generated as much expectation as the Brazilian one. This excellent text is key to understanding digitization in Brazil, in Latin America, and in the world at large.

Processos digitais na prefeitura de Santos

O presente trabalho foi realizado com o intuito de identificar e acompanhar os principais desafios que a Prefeitura Municipal de Santos, por intermédio de sua Secretaria de Gestão, encontrou na implantação de seu programa de digitalização de processos administrativos. Realizaram-se entrevistas em campo com quatro visitas à cidade de Santos para verificar a formulação e aplicação concreta do programa, pesquisa de material legal, especialmente do Decreto e da Portaria Municipal que criaram efetivamente a obrigação para que todos os servidores do Município elaborem determinados processos administrativos de maneira unicamente digital. Ainda, outra base de pesquisa foi a comparação da experiência com as de outros entes, poderes e órgãos públicos brasileiros que já adotaram os processos administrativos eletrônicos. A metodologia utilizada para realizar o trabalho deu-se por meio de visitas in loco e entrevistas com os gestores responsáveis e, também, com os usuários do sistema, visando coletar informações a respeito do programa – inclusive seu histórico referente à fase de formulação –, bem como perceber as impressões e expectativas dos servidores. Devido à relevância e atualidade do tema, analisou-se se o programa poderia ser considerado uma política pública, o que resultou numa conclusão positiva, com desdobramentos potenciais para a discussão da implantação e modernização de processos no âmbito da administração pública. Buscou-se, por fim, contribuir com o município para a construção de uma metodologia de avaliação mediante a utilização de indicadores, por meio dos quais torna-se possível medir a eficiência e o impacto da nova sistemática.

Diagnostic agreement of conventional and inverted scanned panoramic radiographs in the detection of the mandibular canal and the mental foramen.

The aim of this study was to evaluate the diagnostic agreement of conventional panoramic radiographs and their inverted scanned images in the detection of the mandibular canal and mental foramen. A total of 77 panoramic radiographs obtained from the files of totally edentulous patients were used. Digitization was done by means of a scanner with brightness and contrast adjustment, as well as image inversion. The extension of mandibular canal was divided into anterior, middle, and posterior regions, and the presence of a radiopaque line that characterized the mandibular canal was classified according to a 5-point confidence scale. The mental foramen was classified in 4 types: continuous, separated, diffuse, and unidentified. Both conventional and inverted scanned panoramic radiographs were evaluated by 3 calibrated implantologists at 2 distinct moments with a minimum interval of 10 days between them. Intraexaminer agreement was evaluated by Kappa statistics by point and by 95% confidence interval. Because the intraexaminer level of agreement was low, interexaminer agreements could not be carried out. The results showed a substantial (in 2 situations), moderate (in 16 situations), and fair (in 18 situations) intraexaminer agreement for mandibular canal and a substantial (in 1 situation), fair (in 1 situation), and moderate (in 10 situations) intraeaminer agreement for mental foramen. There were no statistically significant differences in most instances. In conclusion, the diagnostic agreement of conventional and inverted scanned panoramic radiographs for detection of mandibular canal and mental foramen was low.

Comparison between inverted and unprocessed digitized radiographic imaging in periodontal bone loss measurements

The advances in digital imaging technology in dentistry have provided an alternative to film-based radiography and have given new options to detect periodontal bone loss. The purpose of this study was to compare inverted and unprocessed digitized radiographic imaging in periodontal bone loss measurements. Thirty-five film-based periapical radiographs of patients suffering from moderate to advanced untreated periodontal bone loss associated to lower premolar and molars was selected from the department files, with 40 bone loss areas. The film-based radiographs were digitized with a flatbed scanner with a transparency and radiograph adapter used for transilluminating the radiograph imaging. Digitization was performed at 600 dpi and in gray scale. The images were digitized using Image Tool software by applying image inversion, that is, transformation of radiopaque structures into radiolucent structures and vice-versa. The digital data were saved as JPEG files. The images were displayed on a 15-inch and 24-bit video monitor under reduced room lighting. One calibrated examiner performed all radiographic measurements, three times, from the cementoenamel junction to the most apical extension of the bone loss, in both types of image (inverted and unprocessed). Brightness and contrast were adjusted according to the examiner's individual demand. Intraclass correlation coefficient was used to compare the measurements from both types of images. The means of radiographic measurements, in mm, for inverted and unprocessed digitized imaging were 6.4485 and 6.3790, respectively. The intraclass correlation coefficient was significant (0.99) The inverted and unprocessed digitized radiographic images were reliable and there was no difference in the diagnostic accuracy between these images regarding periodontal bone loss measurements.

Two stops in today's new global geographies: shaping novel labor supplies and employment regimes

Includes bibliography