In a Flood Tide of Digital Data, an Ark Full of Books

David Streitfeld:

RICHMOND, Calif. — In a wooden warehouse in this industrial suburb, the 20th century is being stored in case of digital disaster.

Forty-foot shipping containers stacked two by two are stuffed with the most enduring, as well as some of the most forgettable, books of the era. Every week, 20,000 new volumes arrive, many of them donations from libraries and universities thrilled to unload material that has no place in the Internet Age.

Destined for immortality one day last week were “American Indian Policy in the 20th Century,” “All New Crafts for Halloween,” “The Portable Faulkner,” “What to Do When Your Son or Daughter Divorces” and “Temptation’s Kiss,” a romance.

A Lawyer Who Is Also A Photographer Just Deleted All Her Pinterest Boards Out Of Fear

Alyson Shontell:

Kirsten turned to federal copyright laws and found a section on fair use. Copyrighted work can only be used without permission when someone is criticizing it, commenting on it, reporting on it, teaching about it, or conducting research. Repinning doesn’t fall under any of those categories.

The one glimmer of hope for Pinterest, Kirsten writes, is the outcome of Kelly v. Arriba Soft Corporation. In that case, a photographer sued a search engine. The search engine won because it used thumbnail images in its results, not the entire work.

Thumbnails aren’t always fair use, however. They’re only fair use if the necessary portion of the work is copied and nothing more. Pinterest, however, lifts the entire image from the original source which is not ok.

If that didn’t scare Kirsten enough, the all caps section of Pinterest’s Terms of Use did.

Pinterest writes:

“YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND SITE CONTENT REMAINS WITH YOU.”

What’s more, Pinterest places all blame and potential legal fees on its users. It writes:

“You agree to defend, indemnify, and hold Cold Brew Labs, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site, Application, Services or Site Content, (ii) your Member Content, or (iii) your violation of these Terms.”