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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: 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

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  • (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.