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posted by chromas on Saturday August 01 2020, @05:08PM   Printer-friendly
from the don't-look-at-the-elephant-in-the-room^W-library dept.

Internet Archive Tells Court its Digital Library is Protected Under Fair Use

The Internet Archive has filed its answer and affirmative defenses in response to a copyright infringement lawsuit filed by a group of publishers. Among other things, IA believes that its work is protected under the doctrine of fair use and the safe harbor provisions of the DMCA.

[...] The statement spends time explaining the process of CDL – Controlled Digital Lending – noting that the Internet Archive provides a digital alternative to traditional libraries carrying physical books. As such, it "poses no new harm to authors or the publishing industry."

[...] "The Internet Archive has made careful efforts to ensure its uses are lawful. The Internet Archive's CDL program is sheltered by the fair use doctrine, buttressed by traditional library protections. Specifically, the project serves the public interest in preservation, access and research—all classic fair use purposes," IA's answer reads.

"As for its effect on the market for the works in question, the books have already been bought and paid for by the libraries that own them. The public derives tremendous benefit from the program, and rights holders will gain nothing if the public is deprived of this resource."

Internet Archive's Answer and Affirmative Defenses (PDF).

Previously: Internet Archive Suspends E-Book Lending "Waiting Lists" During U.S. National Emergency
Authors Fume as Online Library "Lends" Unlimited Free Books
Publishers Sue the Internet Archive Over its Open Library, Declare it a Pirate Site
Internet Archive Ends "Emergency Library" Early to Appease Publishers
EFF and California Law Firm Durie Tangri Defending Internet Archive from Publisher Lawsuit


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  • (Score: 0) by Anonymous Coward on Saturday August 01 2020, @05:39PM (3 children)

    by Anonymous Coward on Saturday August 01 2020, @05:39PM (#1029904)

    RIAA, MPAA, and book Publishers all seem to come from the same mafia family.

  • (Score: 5, Interesting) by bzipitidoo on Saturday August 01 2020, @06:00PM (2 children)

    by bzipitidoo (4388) Subscriber Badge on Saturday August 01 2020, @06:00PM (#1029911) Journal

    Yes, the MAFIAA. They have run a decades long propaganda and terrorist campaign to persuade and bully the public into accepting an incorrect simplification, that being that "proppity is proppity", trying to erase the distinction between the material and the immaterial.

    They are of course raging hypocrites, only too happy to use the advantages of immateriality when it benefits them to do so, while continuing to try to deny us all the fruits of our technological advances. That's the real crime, that if not for the MAFIAA, libraries could be way more digital now, and help bring to the public the incalculable value of greater access to knowledge. The school textbook market is a huge, huge racket, not only driven by sheer greed, but also warped by political messaging. All kinds of groups are constantly trying to insert their biased narratives into material that will be presented to the young as factual.

    • (Score: 0) by Anonymous Coward on Sunday August 02 2020, @09:17AM (1 child)

      by Anonymous Coward on Sunday August 02 2020, @09:17AM (#1030206)

      What I've been pissed off over is I own property too, but I have to pay property tax on mine.

      I have to pay right at 2% of my property value, each year, for the right to say "get off my lawn".

      • (Score: 0) by Anonymous Coward on Monday August 03 2020, @12:05AM

        by Anonymous Coward on Monday August 03 2020, @12:05AM (#1030491)

        > I have to pay right at 2% of my property value, each year,

        If you want to make money with your property you have to make it useful to someone else (ie, rent/lease it, use it to grow food, etc).

        I happen to have written some books and hold IP (copyright), but I don't make anything unless I work out how to sell them...and any income is taxed.