Jessica said:
As for the 2nd part about using much larger if not entire works if they are not 
available to be licensed, this is where among others I think the judge went off 
the deep end and is likely to be struck down on appeal.
I agree this is quite a radical argument. She implied that to say there is 
market damage the publisher has to show that it are actually making money from 
the material in question, i.e. that this material is on the market.  I kind of 
like that, but it seems circular: if schools can copy limited amounts as fair 
use, then how can one develop a market to license those amounts? That is to 
say, fair use could replace whole segments of potential markets.
It will be interesting to follow the case through the courts.
Judy

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