I think its worth nothing, to "comply" with this ruling, it would have to be limited to music, and you would have to find songs that are not being otherwise offered as a "buy one", but rather come within the entire album.
In other words, if the judge said that its okay to scan and make available _parts_ of the book and this serves as "new income" for authors, then similarly you could weed off one song from entire album and make it available and try to fall under the judge reasoning, shall MAFIAA comes after you.
But if I were you I wouldn't try, unless you are Google/Apple/or Ebay too big to fail/jail.
IANAL tho.
Alternatively, envision torrent network that every person shares only part of a song. Noone, technically shares online entire song, but only lets say 25 seconds of it. This would completely fall under judge's reasoning :)
> Alternatively, envision torrent network that every person shares only part of a song. Noone, technically shares online entire song, but only lets say 25 seconds of it. This would completely fall under judge's reasoning
Probably not. The judges ruling is an application of fair use law to the particular case; one of the considerations expressly applied is the criteria (specified in the fair use statute) of effect on the commercial market for the work. Sharing parts of works as part of a network of people collaborating to, in combination, share the whole work can quite easily be argued to have a very different effect on the market for the work than what was at issue in this case, making your hypothetical readily distinguishable under the criteria applied.
In other words, if the judge said that its okay to scan and make available _parts_ of the book and this serves as "new income" for authors, then similarly you could weed off one song from entire album and make it available and try to fall under the judge reasoning, shall MAFIAA comes after you.
But if I were you I wouldn't try, unless you are Google/Apple/or Ebay too big to fail/jail.
IANAL tho.
Alternatively, envision torrent network that every person shares only part of a song. Noone, technically shares online entire song, but only lets say 25 seconds of it. This would completely fall under judge's reasoning :)