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April 20, 2009



I'm not persuaded by the opinion's distinction between creation and reproduction of documents. I don't think technology works on such distinctions. For instance, if I have a scanner that, in one expensive operation, scans a document, reads its text, makes the doc searchable, and makes the document available as a pdf, do I get that cost in under 1920 just because I bought a machine that does everything at once? Yes, presumably.

Courts are balking at the cost, not at the function. The technology and features it provides (e.g., searchable documents) make everyones lives better.

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