B2fxxx: Carl Malamud at the Open University

“Without asking publishers’ permission, Malamud has put a lot of stuff online via a project at Jawaharlal Nehru University (JNU) in India – 125 million journal articles from many sources, from the mid 19th century up to the present.

The storage facility is air-gapped and not connected to the internet. Researchers who want access can bring their computers to the facility and text & data mine the materials there. Without having to read or download the articles which is not permitted, they can, nevertheless, draw scientific insights, thereby circumventing any potential copyright problems. The terms and conditions are modeled on those of the HathiTrust and the store specialises in bioinformatics. The access model is 3-tiered:

Tier 0 is air-gapped and pdfs of the articles

Tier 1 is extracted texts and is also air-gapped

Tier 2 is facts. As there is no copyright on facts, this can be made available openly to everyone….

In 2016 the US Supreme Court rejected the Authors Guild’s request to further appeal the decision, ending the more than a decade long litigation. The Authors Guild also tried suing the HathiTrust but were unsuccessful in that case too. The technicalities of the case were different.  One interesting angle was that the court made a point of noting the value of the HathiTrust approach to making the books available to print disabled and visually impaired.

The bottom line was that Google Books and the HathiTrust were given the ok by the US courts.

In the UK text and data mining is permitted only for non-commercial use. …”