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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