Archive talk:Notes on Response to HR 4137/Draft
Dean's suggestion: The highlighted section seems to be a somewhat confusing non-sequitur. When I re-read the paragraph, without this sentence, it parses much more smoothly. It might also work better if it were re-worded, without the "Of all the data that..."
Secondly, because the sentence mixes the notion of completely legit stuff (public domain) with possibly illegal material (copyrighted), it seems even more difficult to quickly understand.
Unfortunately, this type of monitoring is technically impracticable, unreasonably costly, and, most important, beyond the scope of an institution of higher education. Of all the data that is copied across a university network, one will find works from the public domain, large data experimental sets, works whose license permits copying, and those creative works protected by copyright for use in research or the classroom. To date, computer programs have not been able to match the nuanced manner in which a U.S. judge applies the balancing test of Fair Use to a particular instance of copying.