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The Intersection of Law and Technology at the University of Virginia
Read our current issue: Volume 12, Issue 2 - Spring 2007

Opting Out: Procedural Fair Use
By Michael R. Mattioli
This article explores the advantages of opt-out plans and identifies a critical shortcoming in Copyright’s doctrine of Fair Use. The discussion is fueled by a current controversy: In December of 2004, Google, Inc. announced its plan to digitally scan thousands of copyrighted books as part of a massive new digital indexing service. Hedging against possible litigation, ...
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