Editing Fair use (section)

=== Text and data mining ===
The transformative nature of computer based analytical processes such as [[text mining]], [[web mining]] and [[data mining]] has led many to form the view that such uses would be protected under fair use. This view was substantiated by the rulings of Judge [[Denny Chin]] in ''[[Authors Guild, Inc. v. Google, Inc.]]'', a case involving mass digitisation of millions of books from research library collections. As part of the ruling that found the book digitisation project was fair use, the judge stated "Google Books is also transformative in the sense that it has transformed book text into data for purposes of substantive research, including data mining and text mining in new areas".<ref>{{cite news|last1=Rosati|first1=Eleonora|title=A Closer Look at the Google Books Library Project Decision|url=http://ipkitten.blogspot.co.uk/2013/11/a-closer-look-at-google-books-library.html|access-date=November 15, 2014|publisher=The IPKAT|date=November 17, 2013|archive-date=October 8, 2024|archive-url=https://web.archive.org/web/20241008080313/https://ipkitten.blogspot.com/2013/11/a-closer-look-at-google-books-library.html|url-status=live}}</ref><ref name=GoogleVictory>{{cite web|title=Google's Fair Use Victory|url=http://www.lawdownunder.com/google-books-project-covered-fair-use-doctrine/|website=Law Down Under|access-date=November 16, 2015|archive-url=https://web.archive.org/web/20151117031600/http://www.lawdownunder.com/google-books-project-covered-fair-use-doctrine/|archive-date=November 17, 2015|url-status=dead}}</ref>

Text and data mining was subject to further review in ''[[Authors Guild v. HathiTrust]]'', a case derived from the same digitization project mentioned above. Judge [[Harold Baer Jr.|Harold Baer]], in finding that the defendant's uses were transformative, stated that 'the search capabilities of the [HathiTrust Digital Library] have already given rise to new methods of academic inquiry such as text mining."<ref name=Hathi>{{cite court |litigants=Authors Guild, Inc. v. HathiTrust |vol=902 |reporter=F.Supp.2d |opinion=445 |court=S.D.N.Y. |date=October 10, 2012 |url=http://www.tc.umn.edu/~nasims/HathivAG10_10_12.pdf |access-date=November 16, 2015 |archive-url=https://web.archive.org/web/20140921185710/http://www.tc.umn.edu/~nasims/HathivAG10_10_12.pdf |url-status=live }}</ref><ref>{{cite news|last1=Anderson|first1=Rick|title=The Authors Guild Loses (Again), and HathiTrust Wins–But What Does It Mean?|url=http://scholarlykitchen.sspnet.org/2014/07/21/the-authors-guild-loses-again-and-hathitrust-wins-but-what-does-it-mean/|access-date=November 15, 2014|publisher=the scholarly kitchen|date=July 21, 2014|archive-date=October 8, 2024|archive-url=https://web.archive.org/web/20241008080204/https://scholarlykitchen.sspnet.org/2014/07/21/the-authors-guild-loses-again-and-hathitrust-wins-but-what-does-it-mean/|url-status=live}}</ref>