Here are some important observations before we go on: (1) Ancestry’s IBC is operationally unlike Google’s search engine. “Fair use” and direct infringement cases are highly fact-specific. (2) Whether Google’s search engine is or is not “fair use” has yet to be considered adequatelyby a court because: The Field case involves unique facts (i.e., the [...]
Continue reading about Did Ancestry Violate Copyright Law?. . . . It Depends. . . .Part 4 of 4
We’ve explored the Field v. Google, Inc., case thus far and learned about the facts of that case and some of the holdings. A number of commenters have insisted (and still insist) that because the court found Google’s caching to be “fair use,” the same result would obtain with respect to Ancestry’s Internet Biographical Collection. [...]
Continue reading about Did Ancestry Violate Copyright Law? . . . . Part 3of 4: Fair Use
It’ll be here later today. I have to add a few things and I got busy with my first priority–my students!
Continue reading about Part 3 of Legal Analysis Temporarily Delayed
Before we get to the heart of the legal analysis, here are some additional facts which may be legally significant. They were provided in the Comments to yesterday’s post by Janice Brown of Cow Hampshire. Janice first called my attention to this issue in late August. Ancestry also provided an option (to subscribers only, and [...]
Continue reading about Did Ancestry Violate Copyright Law? . . . . Part 2 of 4
Part I of A Legal Analysis of the Late Controversy By now, the brouhaha over Ancestry.com’s “Internet Biographical Collection” has largely blown over. Ancestry has said that they will permanently remove the database and the genealogical community is ready to move on. The passage of a little time and the cooling of passion on the [...]
Continue reading about Did Ancestry Violate the Copyright Law? . . . Prologue
Ladies and Gentlemen, Boys and Girls, Meine Damen und Herren, Senores y Senoras! We proudly present the 31st, and one of the most interesting editions of the Carnival of Genealogy! The topic is Confirm or Debunk: Family Myths, Legends, and Lore. Several writers submitted two posts! So let’s go see what’s on the midway! In [...]
Continue reading about 31st Edition of The Carnival of Genealogy Comes to Town!
I feel like I’ve been running a day late and a dollar short as they say. I’ve spent a lot of time on the legal stuff–looks like we’ll post that on Saturday, September 8. Then, of course, there’s been all the hammering and nailing around here as the Carnival goes up. . . . And, [...]
I’ve written about this before, but it fits this topic exactly, so I’ve reached into the archives and dusted this one off. Matilda Manson is listed in the 1850 census of Talbot County, Georgia, with her mother, Jane Manson and her sister, Mary Manson. Matilda’s age is given as 6 years old; Mary is reported [...]
I have a host of family legends that I have not been able to entirely confirm or debunk. Legend #1: My gg-grandmother, Sarah Gilbert Johnson, was an Indian. I haven’t found any evidence that she was, mainly because I’ve found no evidence of her except an entry in the Clay County (Mo.) marriage records and [...]
Continue reading about Confirming & Debunking Family Myths, Legends and Lore
Ancestry.com has now permanently pulled its “Internet Biographical Collection.” This statement was released yesterday. Additionally, Ancestry has apologized to Janice Brown for what they call“the inadvertant [sic] use of your blog.” I’ve previously said that Ancestry needs to take a consultative approach with the genealogical community when it wants use the efforts of this community. [...]
Continue reading about Ancestry Apologizes; WVR Shows the Way (Maybe)
