Appeal denied in Turnitin case

Not much on the web about this: Fourth Circuit’s Ruling Brings More Trouble for Plaintiffs.

The fourth circuit’s opinion is fairly short, but given that I haven’t read the original decision, I can’t make heads or tails of it. Anyone?

One thing that bugs me from the summary: “The court said it didn’t need to address the plaintiff’s challenge to the click contract in view of its ruling on the fair use question.” For me, this contract is the most problematic element of Turnitin.

Update 4/20: Some coverage in the Chronicle, though it doesn’t add much. I’ve read the opinion and I agree the ruling is a much-needed boost for fair use, which I enthusiastically advocate–particularly the nods to transformative use via indexing and searching.

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