Hathitrust Wins
Some more great news for fair use, HT to The Laboratorium.
I remain perplexed that the plaintiffs argued that the Section 108 exception for libraries and archives precluded a fair use argument, when the plain text of the statute states otherwise. Anyway, that got shut down quickly (pp. 12-13). The judge performed a great fair use evaluation, and examined whether the decision to allow or not allow these uses would promote progress. Awesome.
More from Kevin Smith.