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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: 3, Interesting) by Runaway1956 on Saturday August 01 2020, @05:47PM (3 children)

    by Runaway1956 (2926) Subscriber Badge on Saturday August 01 2020, @05:47PM (#1029907) Homepage Journal

    In this case, can they point to a copy of the book in some library (shuttered) for every book they've loaned digitally?

    It sounds to me like they crossed their T's and dotted their i's before they started. I expect that there are probably enough copies in public libraries around the country, to cover their arses. They would need to point to some case, where there are 12,000 copies of a book in libraries around the country, and some individual wanted the 12,001 copy, which was unavailable, so he had to wait a day. Did they keep records that are that finely detailed? If so, they probably win the case.

    However, if they DID keep records that finely detailed, we have another problem entirely. The alphabet soup in Washington now has a new database which they can subpoena for "evidence".

    --
    There is a supply side shortage of pronouns. You will take whatever you are offered.
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  • (Score: 3, Informative) by hendrikboom on Saturday August 01 2020, @06:37PM (2 children)

    by hendrikboom (1125) Subscriber Badge on Saturday August 01 2020, @06:37PM (#1029924) Homepage Journal

    However, if they DID keep records that finely detailed, we have another problem entirely. The alphabet soup in Washington now has a new database which they can subpoena for "evidence".

    With DRM on the copy being read by the archive client, there's no need to know who the client is, because the archive can take it back at any time by breaking the connexion. So there doesn't need to be any record of who the book was made available to -- just when it was made available and for how long. In fact, even this isn't necessary for the lending procedure, but could be used for an audit trail.

    • (Score: 0) by Anonymous Coward on Saturday August 01 2020, @09:46PM (1 child)

      by Anonymous Coward on Saturday August 01 2020, @09:46PM (#1030040)

      Came back to say something similar. Librarians are (as a group) among the strongest defenders of privacy rights. I doubt that IA keeps any user data longer than the current browsing session (but note that this is just my educated guess).

      • (Score: 0) by Anonymous Coward on Sunday August 02 2020, @07:42AM

        by Anonymous Coward on Sunday August 02 2020, @07:42AM (#1030196)

        Makes sense because they have been targeted repeatedly, and often first, throughout history by the various oppressive groups.