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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: 1, Flamebait) by Subsentient on Saturday August 01 2020, @07:11PM (1 child)

    by Subsentient (1111) Subscriber Badge on Saturday August 01 2020, @07:11PM (#1029953) Homepage Journal

    ร๏๏ภ.

    --
    "It is no measure of health to be well adjusted to a profoundly sick society." -Jiddu Krishnamurti
    Starting Score:    1  point
    Moderation   -1  
       Flamebait=1, Total=1
    Extra 'Flamebait' Modifier   0  
    Karma-Bonus Modifier   +1  

    Total Score:   1  
  • (Score: 4, Interesting) by Anonymous Coward on Saturday August 01 2020, @07:23PM

    by Anonymous Coward on Saturday August 01 2020, @07:23PM (#1029960)

    Stop replying to this asshole. You're part of the problem here.

    When APK's posts were hit by spam mods, they were collapsed by default, almost entirely out of view. Because you replied to him and post at +2, instead of collapsing these threads by default, they're now expanded. Because you replied to APK's spam, you increased its visibility. You're helping him clutter up these discussions. Knock it off.

    APK isn't even reading replies most likely. He used to go around replying angrily to any criticism or posting comments pretending to be a third party defending him. He's not doing any of that. He's probably not reading your replies but you've just helped him clutter up the discussions even more. You are making things worse by replying to him. There is nothing to be gained, but this does make the comment section even less readable.

    Also, the SN admins could do a lot more to combat this spam. Automatically collapse spam threads regardless of the score of any replies. Let ACs from IPs with positive karma moderate comments as spam (but no other moderation options). Give logged-in users unlimited spam mods, which shouldn't be a problem since those moderations are usually infrequent and are reviewed by editors. Fix the lameness filters to better detect identical comments, something that seems to be broken for some longer/multi-paragraph comments.