Quote of the Day - Since when is public safety the root password to the Constitution?
Add to the online equation access limited by a username and password, compared to open access on the library shelves. Library reserves are considered fair use. When professors limit access to their class, internet access is more restrictive than libraries.
Publishers, however, want to challenge online use of published works. Looks like we're headed for a court fight.
So what is fair?
Use is the key word. It's not whether it's on a shelf or on a hard drive. It's how it's used. If the use is limited, as it is when it takes either a library card or a username and password to get to the published work, then it's limited, and the use is fair.
That rationale isn't a tautology, it's hopefully the way the courts will see it when they get there a year from now. Any other predictions out there?