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Google Books. Diritto di copiare

15 Novembre 2013 23 commenti

copyright

Storica vittoria giudiziaria, che segna la strada per una nuova interpretazione sociale del diritto d’autore.

NEW YORK CITY, NY (USA). Dalla Grande Mela si possono ottenere nuove indicazioni giudiziarie per il fair use e il copyright.
Nel caso deciso dal Giudice federale newyorkese Denny Chin, si è risolta la questione delle accuse di violazione al copyright rivolte a Google.
Nello specifico, Google con il suo progetto Books aveva iniziato a scansionare milioni di libri, mettendo a disposizione degli utenti della Rete piccole anteprime, senza rendere, ovviamente, visionabile interamente le opere. Tale prepotenza nei confronti degli editori (e del copyright in generale) ha portato l’associazione statunitense Authors Guild a citare in giudizio (ben otto anni fa) il gigante di Mountain View.
Secondo il giudice, che ha dato ragione a Google, “il servizio Google Books porta significati benefici pubblici”, oltre a permettere di accedere a numerosi nuovi dati “che aprono la strada a nuovi possibili campi di ricerca”.
In precedenza Google era uscito indenne anche da una class action intentata sempre da quell’associazione di autori, che chiedeva un risarcimento miliardario (2 miliardi di dollari). La vicenda si è chiusa a luglio scorso con la revoca (da parte del giudice) della forma giuridica di class action, poiché molti autori si erano schierati a favore del progetto Books.
Questa recente decisione pone solide fondamenta a un filone giurisprudenziale, che aumenta notevolmente l’ambito di azione del fair use, cioè dell’utilizzo non commerciale, ma per finalità culturali o di ricerca, di opere protette dal diritto d’autore.

Scritto da Gerardo Antonio Cavaliere

23 Commenti »

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