No Analog Analogue

This paper begins with an overview of Amazon’s prior experiments with e-books, the way in which the Search Inside the Book database is created, and how that database manifests itself to the Amazon user. Part II analyzes the Search Inside the Book program under current copyright law and concludes that the program does infringe copyrights in the indexed works. Part III argues that programs like Search Inside the Book, though infringing, actually serve the purposes of copyright law, and should not create liability for the providers of such programs. Finally, part IV applies the fair use doctrine to Search Inside the Book, assuming that the existing copy-protection measures are improved as indicated and ultimately finding this unconventional program protected as fair use.