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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, @05:51PM (7 children)

    by Anonymous Coward on Saturday August 01 2020, @05:51PM (#1029908)

    who gives a fucking shit?

  • (Score: 2) by bzipitidoo on Saturday August 01 2020, @06:05PM (6 children)

    by bzipitidoo (4388) Subscriber Badge on Saturday August 01 2020, @06:05PM (#1029916) Journal

    Yes, yes, that's the heart of the matter. Shouldn't have to care that there is a physical copy to match each digital copy that is "loaned" out. It's ridiculous. It's the equivalent of some of those crazy laws from the early days of the automobile, like that you had to have someone walking ahead of your car and waving a red flag to alert people to be ready to calm their horses when the noisy and spooky machine passed. Of course that meant the automobile could not be driven faster than a person can walk, which was probably the real point of that law, making the automobile nigh useless by restricting its speed to a fraction of its capabilities.

    • (Score: 2) by hendrikboom on Saturday August 01 2020, @06:25PM (1 child)

      by hendrikboom (1125) on Saturday August 01 2020, @06:25PM (#1029918) Homepage Journal

      And in those days there were likely horses that needed calming and the cars might even have been noisy enough to spook them.

      In Westmount, near where I live now, they require someone to walk in front of the huge snowblowers that are used to clear winter snow from the streets. The purpose? To make sure there are no children playing in the snowbanks being cleared. A lesson learned form bitter, bloody experience.

      -- hendrik

      • (Score: 1, Funny) by Anonymous Coward on Saturday August 01 2020, @06:34PM

        by Anonymous Coward on Saturday August 01 2020, @06:34PM (#1029922)

        I always dispose of my bodies in snow drifts. I won't dump any in Westmount!

    • (Score: 2) by hendrikboom on Saturday August 01 2020, @06:31PM (1 child)

      by hendrikboom (1125) on Saturday August 01 2020, @06:31PM (#1029920) Homepage Journal

      There is a tradition of interlibrary loan, and there are enough libraries with computerized catalogs that a kind of virtual interlibrary loan could be set up. The archive would inquire with remote libraries whether their particular copy of a book had been lent out and if not, lend it out on their behalf. Whether any of this tech could be adapted and deployed fast enough to deal with the coronavirus emergency is, of course, another matter.

      -- hendrik

      • (Score: 1, Funny) by Anonymous Coward on Saturday August 01 2020, @06:35PM

        by Anonymous Coward on Saturday August 01 2020, @06:35PM (#1029923)

        If they find that they don't have enough copies, I've pirated enough books to make up the difference.

    • (Score: 0) by Anonymous Coward on Sunday August 02 2020, @11:34PM (1 child)

      by Anonymous Coward on Sunday August 02 2020, @11:34PM (#1030484)

      I could just imagine the fun you could have had in those early days with a good loud Harley, upsetting stagecoaches full of fussy ladies.

      • (Score: 0) by Anonymous Coward on Monday August 03 2020, @12:09AM

        by Anonymous Coward on Monday August 03 2020, @12:09AM (#1030493)

        > ...fun you could have had in those early days with a good loud Harley,

        Unless your Harley has knobbies, it's probably just going to get stuck in the mud, and you might engage a horse owner to pull you out.
        Carriages and early buggy cars had tall wheels to stay above the mud.