use of electronic materials

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Date: Fri, 24 Sep 93 18:40:08 -0400
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• message follows ------------------------------
  >From thardy[_at_]mail.wm.edu Fri Sep 24 18:40:04 1993
  Message-Tag: 1094 Received: by a.cni.org id <AA27664[_at_]a.cni.org>; Fri, 24 Sep 93 18:37:12 -0400 Received: by mail.wm.edu (AIX 3.2/UCB 5.64/4.03) id AA11075; Fri, 24 Sep 1993 18:38:59 -0400 From: thardy[_at_]mail.wm.edu (Trotter Hardy) Message-Id: <9309242238.AA11075[_at_]mail.wm.edu>

>This message is from Trotter Hardy .
>.
>You know, come to think of it, when Mary Brandt Jensen asks
>about a laptop in an airport ...

> > If I had a paper copy of that manual, I could read it at home, in
> > my office, in the library, in an airport terminal or at a meeting.
> > There is no need to display or perform the manual. But if it is
> > electronic, I have to display it on my screen to read it. And if
> > I am located in a public place (as defined by the copyright law), that
> > is a public display which must be authorized by the copyright law.

>.. she worries that the laptop image might constitute a "public
>display." If that were true, wouldn't it also be true that
>reading a *printed* book would be a public display? What's the
>difference? A "display" doesn't imply only electronic displays;
>printed materials can be "displayed" as well.

>It looks to me as though if the one is a problem, so is the
>other.

Trotter,

    I should know better than to try to answer you from home when I don't have my trusty code in hand, but there is a difference. The book is a direct display. That is covered either by section 109 or by section 110 (I think). The computer is not a direct display. It is a display by means of a "device" or an indirect display which is not covered by the section I am thinking of. That is the heart of how the law treats a book and electronic material differently. Direct display works just fine with print techology and is expressly provided for. Directly looking at a disk or magnetic tape isn't much good, and I have yet to figure out how to look directly at something on a machine some distance away on the net.

Mary Brandt Jensen       	   "The definition is pursued to its logical
Professor of Law                   conclusion in a long series of cases. 
University of South Dakota         ... We do not pause to consider whether
School of Law			   a statute differently conceived and 
414 E. Clark St.		   framed would yield results more 
Vermillion, SD 57069-2390	   consonant with fairness and reason.
(605) 677 6363			   We take the statute as we find it."
(605) 677 6357 fax		   Benjamin Cardozo, Anderson v. Wilson
CNICOPY[_at_]CHARLIE.USD.EDU		   289 U.S. 20, 27 (1933)
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