Document Type

Article

Publication Title

Columbia Science and Technology Law Review

Abstract

In looking at this topic, I originally thought that I would focus largely on the question of fair use to sort out the Google dispute, given its centrality to the present litigation. That defense may determine whether the company succeeds or fails in litigation, an issue which I think is really very much open to doubt. But on reflection fair use is only one of a cluster of related issues that the Google project raises. The first issue asks whether or not the various opt-out programs that Google creates are sufficient to create consent to the project, which would obviate the need to consider the fair use defense at all. Yet once the consent issue is injected into any discussion, the discussion will quickly turn to the structure of property rights more generally. One small dispute therefore covers many corners of the intellectual property universe.

First Page

1

Volume

7

Publication Date

2006

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