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NET Framework , are used by developers to output data dynamically using information from files and databases. When data is available in one of these formats, another website can use it to integrate a portion of that site’s functionality. As such, Web 2. Standards-oriented Web browsers may use plug-ins and software extensions to handle the content and user interactions. It includes discussions of self-service IT, the long tail of enterprise IT demand, and many other consequences of the Web 2.

A third important part of Web 2. The social Web consists of a number of online tools and platforms where people share their perspectives, opinions, thoughts and experiences. As such, the end user is not only a user of the application but also a participant by:. The popularity of the term Web 2. For example, in the Talis white paper “Library 2. Blogs, wikis and RSS are often held up as exemplary manifestations of Web 2.

A reader of a blog or a wiki is provided with tools to add a comment or even, in the case of the wiki, to edit the content. Talis believes that Library 2. Here, Miller links Web 2. Many of the other proponents of new 2. The meaning of Web 2. For example, some use Web 2. There is a debate over the use of Web 2.

A growing number of marketers are using Web 2. Companies can use Web 2. Among other things, company employees have created wikis—Websites that allow users to add, delete, and edit content — to list answers to frequently asked questions about each product, and consumers have added significant contributions.

Another marketing Web 2. Saturating media hubs—like The New York Times , PC Magazine and Business Week — with links to popular new Web sites and services, is critical to achieving the threshold for mass adoption of those services.

In a recent article for Bank Technology News, Shane Kite describes how Citigroup’s Global Transaction Services unit monitors social media outlets to address customer issues and improve products. In tourism industries, social media is an effective channel to attract travellers and promote tourism products and services by engaging with customers. The brand of tourist destinations can be built through marketing campaigns on social media and by engaging with customers.

The campaign used social media platforms, for example, Facebook and Twitter, to promote this competition, and requested the participants to share experiences, pictures and videos on social media platforms. The tourism organisation can earn brand royalty from interactive marketing campaigns on social media with engaging passive communication tactics. Korean Airline Tour created and maintained a relationship with customers by using Facebook for individual communication purposes.

Travel 2. The travel 2. For example, TripAdvisor is an online travel community which enables user to rate and share autonomously their reviews and feedback on hotels and tourist destinations. Non pre-associate users can interact socially and communicate through discussion forums on TripAdvisor.

Social media, especially Travel 2. The user-generated content on social media tools have a significant impact on travelers choices and organisation preferences. User-generated content became a vital tool for helping a number of travelers manage their international travels, especially for first time visitors. In addition, an autonomous review feature on social media would help travelers reduce risks and uncertainties before the purchasing stages.

Therefore, the organisations should develop strategic plans to handle and manage the negative feedback on social media. Although the user-generated content and rating systems on social media are out of a business’ controls, the business can monitor those conversations and participate in communities to enhance customer loyalty and maintain customer relationships.

For example, blogs give students a public space to interact with one another and the content of the class. A study by researchers at the University of Wisconsin-Madison notes that ” This increase could then lead to better communication between researchers and the public, more substantive discussion, and more informed policy decision.

Ajax has prompted the development of Web sites that mimic desktop applications, such as word processing , the spreadsheet , and slide-show presentation. No longer active. They mimic the user experience of desktop operating systems, offering features and applications similar to a PC environment, and are able to run within any modern browser.

However, these so-called “operating systems” do not directly control the hardware on the client’s computer. Numerous web-based application services appeared during the dot-com bubble of — and then vanished, having failed to gain a critical mass of customers.

Many regard syndication of site content as a Web 2. Syndication uses standardized protocols to permit end-users to make use of a site’s data in another context such as another Web site, a browser plugin , or a separate desktop application. Observers have started to refer to these technologies as Web feeds.

Specialized protocols such as FOAF and XFN both for social networking extend the functionality of sites and permit end-users to interact without centralized Web sites. Servers often expose proprietary Application programming interfaces API , but standard APIs for example, for posting to a blog or notifying a blog update have also come into use.

Critics of the term claim that “Web 2. Second, many of the ideas of Web 2. Amazon also opened its API to outside developers in Tim Berners-Lee , who developed the initial technologies of the Web, has been an outspoken critic of the term, while supporting many of the elements associated with it. Sharing a file or publishing a web page was as simple as moving the file into a shared folder.

Perhaps the most common criticism is that the term is unclear or simply a buzzword. For many people who work in software, version numbers like 2. The web does not have a version number. If Web 2. But that was what the Web was supposed to be all along That was what it was designed to be Other critics labeled Web 2.

For example, The Economist has dubbed the mid- to lates focus on Web companies as “Bubble 2. In terms of Web 2. Keen’s book, Cult of the Amateur , argues that the core assumption of Web 2. They can make themselves available, but if nobody wants to look at their site, that’s fine.

To be honest, most people who have something to say get published now. There is also a growing body of critique of Web 2. Others have noted that Web 2. When looking at Web 2. For instance, Twitter offers online tools for users to create their own tweet, in a way the users are doing all the work when it comes to producing media content. From Wikipedia, the free encyclopedia. World Wide Web sites that use technology beyond the static pages of earlier Web sites.

Main article: History of the World Wide Web. Main article: Web API. Cloud computing Collective intelligence Connectivity of social media Crowd computing Enterprise social software Mass collaboration New media Office suite Open source governance Privacy issues of social networking sites Social commerce Social shopping Web 2.

Sci-Mate Business 2. S2CID Archived from the original on Retrieved Archived PDF from the original on I first heard the phrase ‘Web 2. O’Reilly Network. BBC News. California: Corwin Press. ISBN Webopedia Definition”. Scientific American. Bibcode : SciAm.

PMID Archived PDF from the original on October 1, Retrieved October 1, First Monday. Archived from the original on 25 October Retrieved 23 September New Media: An Introduction 3rd ed. Melbourne: Oxford University Press. IndiaHCI Conference. Retrieved 20 February January 28, Archived from the original on February 22, Retrieved February 15, Blog Data Space.

August 21 OpenLinkSW. Jeff Bezos Comments about Web Services. September The year of Web services. CIO, December Opening Welcome: State of the Internet Industry. In San Francisco, California, October 5. Person of the Year: You. December Web Services. Rochester, NY. SSRN Ames: “Experiments on the Provision of Public Goods. The American Journal of Sociology , Vol. Lecture Web Information Systems. Techni sche Universiteit Eindhoven.

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The idea has no connection to the statutory or judicial development of the rationale for first sale, and it fails to account for how digital storage and transmission do encounter degradation that is consistent with if not more severe than physical degradation.

Finally, the third market-harm concern is that digital distribution raises greatly increased risks of piracy. In its report addressing digital first sale, the U. Courts have taken security concerns seriously.

HathiTrust , for example, the Second Circuit gave considerable attention to the security precautions HathiTrust had put into place for the digitized volumes in its collection.

Digital distribution of copyrighted works is exceedingly common. For CDL, we see the risks as no greater than any other digital transaction. Publishers regularly license electronic books for digital distribution without any discernable market premium added to account for the additional risk of impermissible downstream copying. For libraries, security issues should be taken seriously, which they are by design through the six CDL controls described above.

Like the approach taken by HathiTrust, the repository of digital copies must be secured from unintended access. Going even beyond the HathiTrust case, CDL would require physical access to works be restricted as well, while digital copies are lent. In addition, the files lent must be controlled in some significant way e. Many publishers use and are comfortable with security implemented through systems like Overdrive, or using Adobe Digital Editions.

For CDL, the most effective and defensible approach may be to use those very same copy and piracy controls that publishers themselves employ for distribution of their licensed e-book content. Finally, a secondary but important reason why CDL would fare well under the market harm analysis is because it addresses a broad market failure, particularly with respect to the 20 th century books that are generally not available in digital formats.

For these 20 th century books, we believe the fair use argument is strongest. The most significant market failure for these books is with truly orphaned works—i. But the 20 th century book market suffers from market failure even when owners are known. Failure of rightsholders to exploit the e-book market likely has many causes.

Some of those are production-related transaction costs, some are due to the complex thickets of rights associated with each work, [] and some are likely due just to competing priorities.

In all such cases, books are not commercially available in digital form. High transaction costs make it economically unviable for a willing rightsholder and a willing user to negotiate for a sale. For example, in Cambridge University Press v. The Eleventh Circuit found this significant in weighing the fourth factor:. The prohibition of such noncommercial uses would merely inhibit access to ideas without any countervailing benefit.

So, for books published in this time period as a whole, there is a strong argument that they collectively represent a market failure. Part of that failure is due to high costs of determining commercial availability for any given work. The costs of searching and identifying which works are out of print, orphaned, or not available in e-book format is costly itself.

However, we believe that there is sufficient data for assessment of commercial availability that can be leveraged for CDL to maximize the case that these particular titles within this 20 th century focus are unavailable either in print or electronically. Those, we believe, present the very best case for CDL uses. Libraries thinking about CDL will encounter risk, both positive and negative. On the positive side, we believe there is a significant upside: CDL helps libraries fulfill their missions in the broadest sense, using technology to increase effective, non-discriminatory access to collections for our users, and the world.

For negative risk, there are three primary types we worry about: 1 the risk that a library is sued in the first place, 2 the risk that the library loses the lawsuit, and 3 the risk of consequences in the face of defeat in a lawsuit. For each aspect of risk, libraries should make an honest assessment of their risk tolerance, accompanied by advice from legal counsel about how to match some of the ideas presented above and below with that risk profile.

The issues are actually about time, resources, and reputational harm in defending a lawsuit. A lawsuit can take a tremendous amount of time. Patton has now entered its 10 th year of litigation. There can be years of pre-trial action after the complaint is filed. There could be challenges to the pleadings through the motion process, which add additional delay.

Answering questions, producing documents, or taking testimony can often take months or years, even before you get to trial. Although the reality is that most lawsuits do not go to trial, [] the cost of litigation can be high, and these costs often depend on the issues involved and the location of the trial. Second, the risk that the library loses in court is primarily addressed by the strength of the legal position under fair use, the framework of which is addressed in Part III.

And again, we caution that there are no fair use cases that square precisely with this use scenario, and so libraries entering this space must embrace a certain degree of legal ambiguity. But, the analysis above shows that there is a good faith, reasonable basis for concluding that such uses constitute fair uses.

Typically, the plaintiff would request that the court enter an order for an injunction or damages, or, on occasion, both against the losing party. Statutory damages are the major concern. However, for libraries there is some good news to limit risk exposure.

First, Congress created a special provision to protect for teachers, librarians, archivists, public broadcasters and the nonprofit institutions with which they are associated from liability when they believed and had reasonable grounds for believing that the use they were making was a fair use. Second, some institutions may benefit from sovereign immunity, a doctrine that protects states from federal court interference, derived in part from the Eleventh Amendment to the United States Constitution.

Presently, state and tribal governments and their related departments such as state university libraries, museums, or archives, are immune from damage awards.

Of course, plaintiffs could still bring a suit. Sovereign immunity also lowers the risk of such a suit because the outcome may have little reward—there is no money in it for litigants. While some risks such as exposure to damages may be minimized by sovereign immunity or the statutory damages exception, libraries can also be proactive to minimize risk with CDL by implementing some additional system design and library policies, as well as selecting materials to be lent using CDL with an eye toward risk.

We conclude with several practical ideas about how to do so:. The six basic system design elements identified in the Statement and introduced at the outset of this paper are, we believe, all that are necessary to make a compelling legal case for CDL. These design elements attempt to make CDL mimic even more closely the physical environment and attendant friction reuse, as well as the security limitations that physical lending currently requires.

For books that would typically take 24 hours to make their way back on to the shelves after being returned, that might be an appropriate waiting time for digital copies as well. For reserve materials that rapidly move in and out of the shelves with little wait, a shorter period may be appropriate to mimic the realities of a physical lend. Libraries may even want to take in user geography—if a user borrows a book while located further away, add more time in between the next loan than if the user is located next door—or other factors that have historically slowed the flow of physical works.

A conservatively designed CDL system could also introduce characteristics that mimic physical degradation. For example, a library might introduce lending limits based on library experience with physical lending. If a physical book could be expected to circulate 2, times before it degrades, the library could place the same limit on circulation of the digital copy. For many books, this could pose little practical challenge. Large research libraries hold many books that have circulated very seldom in print, [] and so for many obscure materials ever hitting a maximum loan threshold may be unlikely though we recognize, digital availability may itself drive lending.

For such an implementation, it would be important for libraries to develop good data on how long an average book actually circulated before it degrades to the point it can no longer be used. Libraries may also pay special attention to controlling both digital and physical copies. While all applications of CDL should restrict access to physical copies while the digital is lent, some practical strategies may ensure that such restrictions are especially rigorously followed. For libraries with open stacks, this may mean rapidly removing books from open circulation if they are digitized and lent.

For others, a more reliable method may be to only lend books whose physical manifestations are already tightly controlled, either in closed stacks or off-site storage. Libraries may also limit who they will lend digital copies to as an additional way to limit the overall reach of the copy and therefore the potential market effect. Libraries serve particular communities of users—an academic library primarily serves its students and faculty, a public library serves its local residents—and so the rationale would be that digital lending should be made equivalent to the same group of users who would have access to the physical materials.

While many libraries make their collections available broadly to many users, user-group considerations may mean that libraries will want to think carefully about issues such as who their core users are and, for example, how lending to partner libraries in local or regional consortia with deeply integrated print collections may work, as opposed to users at libraries with more distant interlibrary loan arrangements.

In any case, the aim would be to make collections more accessible for those who would ordinarily, already be entitled to access. In addition, libraries may apply more or less restrictive controls on what users can do with copies while they are lent to them. Ordinarily, a borrower of a physical book can make photocopies, scans, or other basic reproductions, usually for private study or minimal further sharing. Practicality usually limits users from reproducing the entire physical work over again.

While all CDL systems should implement some type of technological protection measures to prevent wholesale copying, libraries that seek to take a conservative approach to CDL may seek to limit any copying at all, while others may allow users to reproduce or print a small selection from the work.

Finally, libraries may choose to limit access to books based on feedback from rightsholders about specific materials loaned through CDL. Many libraries already employ such policies with digitized collections, particularly those that include materials from unknown or unlocatable owners.

For CDL, extending those policies may be a natural and simple way to defuse risk before it culminates in a potentially costly dispute.

The choice in what books are selected for CDL can also play a significant role in risk mitigation. Book candidates with the lowest risk—and the strongest fair use argument, though those analyses are not necessarily tied together—are generally those with the lowest likelihood of market exploitation. Our analysis above pays special attention to 20th century books generally, but there are several subcategories of works that libraries may select for CDL that would yield further reduction of risk.

There is some practical risk mitigation in selecting older titles for digitization. Because the public domain analysis can be time consuming and costly, [] for libraries that are unable to undertake a full public domain analysis to each work, using older works as a proxy in combination with a CDL strategy may be an effective way to minimize copyright-related risks. For published books, there are a few ways to approximate which works are more likely to be in the public domain than others.

Copyright for U. Copyright Office to have continued protection. Very few rightsholders filed for renewal. When Congress extended copyright protection by 20 years in the Copyright Term Extension Act, it granted libraries special rights to use works in that extended term under Section h. However, the out of print status of a book is meaningful for the fair use analysis. A key, though not necessarily determinative factor in fair use is whether or not the work is available to the potential user.

If the work is out of print and unavailable for purchase through normal channels, the user may have more justification for reproducing it.

How to actually determine which books are not currently commercially exploited requires some investment of time and resources. For older books, especially those without ISBNs, searches are more challenging. Determining which works may be orphaned is potentially hard. However, it is clear that librarians, information professionals who are experts at searching for materials and determining provenance, are among the best suited to conduct such searches.

And, most recently, the U. After holding the interest rate for more than two years during the pandemic, the Monetary Policy Committee MPC on Wednesday decided to raise the policy rate by 25 basis points to 0.

The Thai Restaurant Association has introduced a mouthwatering project to provide rice and curry meals for just 25 baht at 59 PT stations in Bangkok and its vicinity.

A special House committee has finished vetting the fiscal budget bill and has reallocated 7. An expert virologist talked about how Covid has changed Thailand in the past two-and-a-half years. High-quality robotic-assisted surgery facilities in Thailand are increasing the country’s attractiveness as a global medical tourism destination.

 

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Show and hide more. The status bar appears as After Effects renders the frames, caching them in RAM; during this time, the preview may not play in real-time. Instead, draw additional strokes to teach Roto Brush how to recognize the region. Typically, however, a digital master file is exported and archived, the original raw footage is stored on tapes, and an Edit Decision List EDL is saved.

 
 

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It’s a story about community and collaboration on a scale never seen before. It’s about the cosmic compendium of knowledge Wikipedia and the million-channel people’s network YouTube and the online metropolis MySpace. It’s about the many wresting power from the few and helping one another for nothing and how that will not only change the world but also change the way the world changes.

Instead of merely reading a Web 2. By increasing emphasis on these already-extant capabilities, they encourage users to rely more on their browser for user interface , application software “apps” and file storage facilities. This has been called “network as platform” computing. Users can provide the data and exercise some control over what they share on a Web 2. Amazon and eBay , news websites e. YouTube and Instagram and collaborative-writing projects.

The impossibility of excluding group members who do not contribute to the provision of goods i. According to Best, [32] the characteristics of Web 2. Further characteristics, such as openness, freedom, [33] and collective intelligence [34] by way of user participation, can also be viewed as essential attributes of Web 2. Some websites require users to contribute user-generated content to have access to the website, to discourage “free riding”.

The key features of Web 2. The client-side Web browser technologies used in Web 2. To allow users to continue interacting with the page, communications such as data requests going to the server are separated from data coming back to the page asynchronously. Otherwise, the user would have to routinely wait for the data to come back before they can do anything else on that page, just as a user has to wait for a page to complete the reload.

This also increases the overall performance of the site, as the sending of requests can complete quicker independent of blocking and queueing required to send data back to the client.

Since both of these formats are natively understood by JavaScript, a programmer can easily use them to transmit structured data in their Web application. When this data is received via Ajax, the JavaScript program then uses the Document Object Model to dynamically update the Web page based on the new data, allowing for rapid and interactive user experience.

In short, using these techniques, web designers can make their pages function like desktop applications. For example, Google Docs uses this technique to create a Web-based word processor. Of Flash’s many capabilities, the most commonly used was its ability to integrate streaming multimedia into HTML pages. With the introduction of HTML5 in and the growing concerns with Flash’s security, the role of Flash became obsolete, with browser support ending on December 31, However, frameworks smooth over inconsistencies between Web browsers and extend the functionality available to developers.

Many of them also come with customizable, prefabricated ‘ widgets ‘ that accomplish such common tasks as picking a date from a calendar, displaying a data chart, or making a tabbed panel. On the server-side , Web 2. NET Framework , are used by developers to output data dynamically using information from files and databases. When data is available in one of these formats, another website can use it to integrate a portion of that site’s functionality.

As such, Web 2. Standards-oriented Web browsers may use plug-ins and software extensions to handle the content and user interactions. It includes discussions of self-service IT, the long tail of enterprise IT demand, and many other consequences of the Web 2.

A third important part of Web 2. The social Web consists of a number of online tools and platforms where people share their perspectives, opinions, thoughts and experiences. As such, the end user is not only a user of the application but also a participant by:.

The popularity of the term Web 2. For example, in the Talis white paper “Library 2. Blogs, wikis and RSS are often held up as exemplary manifestations of Web 2. A reader of a blog or a wiki is provided with tools to add a comment or even, in the case of the wiki, to edit the content. Talis believes that Library 2. Here, Miller links Web 2.

Many of the other proponents of new 2. The meaning of Web 2. For example, some use Web 2. There is a debate over the use of Web 2. A growing number of marketers are using Web 2. Companies can use Web 2. Among other things, company employees have created wikis—Websites that allow users to add, delete, and edit content — to list answers to frequently asked questions about each product, and consumers have added significant contributions.

Another marketing Web 2. Saturating media hubs—like The New York Times , PC Magazine and Business Week — with links to popular new Web sites and services, is critical to achieving the threshold for mass adoption of those services. In a recent article for Bank Technology News, Shane Kite describes how Citigroup’s Global Transaction Services unit monitors social media outlets to address customer issues and improve products.

In tourism industries, social media is an effective channel to attract travellers and promote tourism products and services by engaging with customers. The brand of tourist destinations can be built through marketing campaigns on social media and by engaging with customers.

The campaign used social media platforms, for example, Facebook and Twitter, to promote this competition, and requested the participants to share experiences, pictures and videos on social media platforms. The tourism organisation can earn brand royalty from interactive marketing campaigns on social media with engaging passive communication tactics. Korean Airline Tour created and maintained a relationship with customers by using Facebook for individual communication purposes.

Travel 2. The travel 2. For example, TripAdvisor is an online travel community which enables user to rate and share autonomously their reviews and feedback on hotels and tourist destinations.

Non pre-associate users can interact socially and communicate through discussion forums on TripAdvisor. Social media, especially Travel 2. The user-generated content on social media tools have a significant impact on travelers choices and organisation preferences. Business bilingual secretary available to all types of businesses – Special business package November 16, Whatever your need in getting your projet done, or documents, we are experienced enough to provide you with the business communication level suitable to your need.

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A virtual multimedia exhibition early this month proved a big hit, earning commitments of more than million baht for the country, Deputy Prime Minister and Commerce Minister Jurin Laksanawisit reported on Wednesday. Grand Star Co. The Statement identifies six specific requirements to do so. It states that for CDL, libraries should:. The first sale doctrine, codified in Section of the Copyright Act , provides that anyone who legally acquires a copyrighted work from the copyright holder receives the right to sell, display, or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner.

This is how libraries loan books. Controlled digital lending as we conceive it is premised on the idea that libraries can embrace their traditional lending role to the digital environment. For decades, libraries and cultural institutions have sought to provide greater access to their collections with the hope of reaching a broader and more diverse set of readers. Attempting to clearly answer those questions on a title-by-title basis has proven costly, [14] making full digital access for large numbers of works based on rightsholder permission difficult.

Particularly for books and other published materials for which there was once an active market, libraries have not yet been able to provide broad full-text access online. Many 20th Century books are not available for purchase as new copies in print or as digital versions online. The morass of rights management, combined with the orphan works problem and the ever-increasing copyright length, has made it complicated to see a path forward to broad digital access.

For modern libraries with users whose research and information use patterns mean they look to digital access first, [17] this means that a whole world of research is effectively invisible to a variety of types of users.

For some, the inability to physically travel to a library because of their remote physical location, economic wherewithal, or homebound limitations means that physical lending is not practical.

For others, physical access is a matter of great inefficiency in their research and learning. For a large research library, this means holdings of millions of volumes, already purchased at a cost of hundreds of millions of dollars, are not accessible in a format that is more meaningful and easier to use for many researchers today. For books primarily from the mid th Century, presumptively still protected by copyright, but not currently available in electronic form from their rightsholders, we believe CDL holds significant promise.

We also believe the legal rationale for lending these works is among the strongest of all types of works. Others may have identifiable owners, but are in practice neglected, unavailable in the digital marketplace and with no plan for revitalization in modern formats. So, how can libraries provide access?

First, we start with a detailed look at the two fundamental copyright law doctrines that already empower libraries to fulfill their missions: first sale and fair use. Section of the Copyright Act enumerates the basic bundle of rights granted to copyright owners: the exclusive right to control reproduction of the work, public distribution of the work, public performances, public displays, and creation of derivative works. But, the rights granted in Section are limited by a number of statutory exceptions.

Section , the statutory first sale doctrine, is one such provision. Entire industries and enterprises are built upon the first sale doctrine. Libraries were built on it. The first sale doctrine balances the rights of copyright owners to distribute with those of purchasers to dispose of their copies as they wish.

With distribution of physical copies, such as lending a print book to a library user, that framework works well enough.

Much of the literature on first sale applied in the digital environment recognizes that library lending raises unique concerns requiring special treatment. Indeed, several libraries have already engaged in limited CDL for years without issue, indicating perhaps a tacit acknowledgement of the strength of their legal position. We limit our analysis to non-commercial, controlled, digital lending by U.

That brings us next to fair use. All are to be explored, and the results weighed together, in light of the purposes of copyright. The basic concept of applying first sale principles to digital transactions is not new, either as justified under the first sale doctrine alone, as fair use, or through some combination of the two together.

The U. ReDigi, LLC , has raised the question of how these doctrines apply to a commercial, digital resale market for mp3s.

Again, the literature on digital first sale recognizes that library most likely will require special treatment. And we also believe that these library uses, of all the varying digital uses, are among the most likely to be justified under a fair use rationale.

Several libraries have already engaged in limited CDL for years without issue. Our focus is on these narrow and specialized use by libraries. Again, we limit our analysis to non-commercial, controlled, digital lending by U.

In applying fair use, not every factor in the analysis will be highly relevant in every situation. The core concept with CDL is that it closely mimics the economic transaction that Congress has already provided for through the first sale doctrine under Section The purpose of the use with CDL is to fulfill the statutory objectives and balance of rights already identified by Congress in Section , effectuating that balance considering a new technological use not contemplated at the time Section was enacted.

When raised, courts have largely rejected that argument. For example, in Sega Enterprises Ltd. Accolade, Inc. As a matter of copyright policy, the presence of a specific copyright exception or, in some cases, other provisions of federal law provides persuasive evidence of the kinds of purposes that should be favored in the fair use assessment. While not extensively litigated, a number of cases indicate that this is the right approach, which we review here to give a sense of the strength of this position.

In Authors Guild v. Some courts have pointed to broader policy objectives, both within and outside of the copyright act, as influencing the purpose and character analysis. Bloomberg, L. Indeed, as Bloomberg points out, the SEC has mandated that when American companies disclose this kind of material nonpublic information, they must make it available to the public immediately. See Regulation FD, 17 C. Copyright Office has also cited specific copyright exceptions as positively influencing the fair use assessment.

Those include looking to Section exceptions for interoperability, Section exceptions for nonprofit public performances and teaching, and Section exceptions for computer program adaptation. For CDL, the purpose of the use is one that intends to mirror the basic purpose of first sale as embodied in Section In Kirtsaeng v. As technology and markets have shifted, libraries employing CDL seek to use technology to hold up that same balance of rights while allowing users to access materials in formats that are most meaningful to them today.

CDL promotes consumer choice in formats and platforms, while avoiding dragging courts into the thicket of restrictions and rights conflicts that would require extensive litigation to resolve.

Under CDL, if one copy is purchased, a library can only lend one copy—either print or physical—out to a user at a time. There are a few cases in the commercial context that come close, however.

Those cases are primarily negative, though as we explain below we believe they are distinguishable from CDL applications, and one case is currently on appeal. ReDigi Inc. Upon sale through the ReDigi marketplace, the file would be downloaded to the purchaser and simultaneously deleted from the Cloud Locker. It did not, however, assess the two provisions together. For fair use, the ReDigi court was fairly dismissive of the purpose factor, focusing almost exclusive on the commerciality of the program.

The analysis was brief and considered almost none of the arguments laid out above. In honing in on the commerciality of the use, the court found that the purpose and character of the use weighed against a fair use finding. For instance, in Wall Data Inc. More recently, in Disney Enterprises, Inc.

VidAngel, Inc. For each user, VidAngel would purchase a physical DVD on behalf of the user, which VidAngel then copied, edited and streamed to the user online. VidAngel conceded that its use was commercial, and the court did not consider the use to be transformative. Like with Wall Data , the streams were provided for videos with known copyright owners who themselves license rights to competing streaming services.

One way these cases are distinguished is just that the issue was not raised; except for ReDigi where the issue was only obliquely argued , first sale and the purpose and character assessment were not raised by the litigants or addressed by the court.