Apply fair use to burned area

Via Five Useful Articles, this deposition excerpt from HathiTrust is nearly priceless–what takes it beyond the usual snark is the very last dig the HT lawyer gets in at the Authors Guild’s theory of the case.

So, HT’s lawyer snarks about multiple litigation copies of HT witness’s book the AG’s lawyer has made in preparation for the deposition; AG lawyer rises to the bait (even though the book is, according to another AG lawyer, CC/noncommercial licensed) and suggests he’ll destroy the extra copies before reading.  HT’s lawyer: “I guess if no one else looks at something, it’s not infringement? That’s an interesting theory.”

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