Spam detection software, running on the system "avery.infomotions.com", has identified this incoming email as possible spam. The original message has been attached to this so you can view it or label similar future email. If you have any questions, see eric_morgan_at_infomotions.com for details. Content preview: On 3/7/17 4:18 PM, Harper, Cynthia wrote: > Perhaps scanning the indexes would > be legally defensible because they constitute less than 10% of the > work... Do keep in mind that figures like 10% as a maximum threshold for a Fair Use come from various consensus documents developed by groups of stakeholders related to certain media formats, but they have no actual legal standing. There are many factors that play into Fair Use, and proportion of the work is just one of them. [...] Content analysis details: (1.3 points, -1.5 required) pts rule name description ---- ---------------------- -------------------------------------------------- -0.0 RCVD_IN_DNSWL_NONE RBL: Sender listed at http://www.dnswl.org/, no trust [66.175.211.245 listed in list.dnswl.org] -0.6 RP_MATCHES_RCVD Envelope sender domain matches handover relay domain -0.0 SPF_HELO_PASS SPF: HELO matches SPF record -0.0 SPF_PASS SPF: sender matches SPF record 0.0 T_HEADER_FROM_DIFFERENT_DOMAINS From and EnvelopeFrom 2nd level mail domains are different 0.0 HEADER_FROM_DIFFERENT_DOMAINS From and EnvelopeFrom 2nd level mail domains are different -1.9 BAYES_00 BODY: Bayes spam probability is 0 to 1% [score: 0.0000] 3.7 FAKE_REPLY_A1 No description available.
attached mail follows:
On 3/7/17 4:18 PM, Harper, Cynthia wrote: > Perhaps scanning the indexes would > be legally defensible because they constitute less than 10% of the > work... Do keep in mind that figures like 10% as a maximum threshold for a Fair Use come from various consensus documents developed by groups of stakeholders related to certain media formats, but they have no actual legal standing. There are many factors that play into Fair Use, and proportion of the work is just one of them. That said, if you had a collection of OCRd indexes and built a search engine told you which works contain a mention of a term in the digitized index, a court might well consider this a transformative fair use -- akin to HathiTrust's digitization of in-copyright works -- and not find you guilty of infringement. But I'm not an attorney, so this should not be construed as legal advice. KevinReceived on Wed Mar 08 2017 - 14:24:31 EST