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
(Score: -1, Spam) by Anonymous Coward on Saturday August 01 2020, @07:47PM (1 child)
Marissa Van Eck FAKENAME CUNT Azuma Hazuki: So "that was NOT me posting" https://soylentnews.org/comments.pl?noupdate=1&sid=37033&page=1&cid=985641#commentwrap [soylentnews.org] which YES, you said when you LIBELED me publicly BEFORE it with YOU saying "So that's a "yes" to schizophrenia/schizoaffective disorder and a "no" to "am taking meds for said disorder" LIBELING ME then...?" per YOUR https://soylentnews.org/comments.pl?noupdate=1&sid=37033&page=1&cid=982854#commentwrap [soylentnews.org] you stupid pitiful FAKENAME fuck online LIAR piece of fucking SHIT?
Was it when I GOT YOUR REAL NAME & found you are a satanist/anti-god HERE https://redeeminggod.com/sermons/luke/luke_7_36-50/#comment-269796 [redeeminggod.com] also which most ALL you "LEFTIST" LOSER weirdos usually are (which YES, in THIS other exchange "Why do you assume that you finding discussion threads on other sites with me in them will scare me?" quoted from https://soylentnews.org/comments.pl?noupdate=1&sid=38720&page=1&cid=1028402#commentwrap [soylentnews.org] you DID admit FINALLY to saying it was you - ESPECIALLY AFTER dozens of doctors RECENTLY seconded me on Hydroxychloroquin + Zinc (& Vitamin D3 imo along w/ other things I noted that are anti-viral + antibacterial like RAW GARLIC too)).
Do me a favor - DENY ANY OF THOSE, please & I will continue PROVING YOU ARE A SHITBAG LOSER, devil... as I already DID here https://soylentnews.org/comments.pl?noupdate=1&sid=38720&page=1&cid=1028211#commentwrap [soylentnews.org]
The TRUE BEAUTY of SATANIST FUCKS like YOU (antigod assholes)? TRUTH & FACT DESTROYS LIBELOUS DEVILS LIKE YOU - just like I did you & OTHER AHOLES who doubted what I wrote on what is NOW PROVEN TRUE by DOCTORS, admitted in mainstream media etc. (as I showed in those links' exchanges above easily) & especially LATELY by DOZENS of doctors (I have proof from pros - NOT LIBEL like you did to me PUBLICLY & I can still FRY YOU FOR IT FUCKER, live in fear fuck) MINUS any psych pros backing you.
SAY 1 THING, YOU STINKING LIBELOUS FUCK & I will CONTINUE LEVELLING YOU PUBLICLY with facts - not libel as you tried on me, stupid "Marissa von DUMBO", lol - please, say 1 thing & the BEATING on you, PUBLICLY will continue in this thread where you will have a HELL of a TIME "downmod burying it" via downmod brigades doubtless ONLY yourself via multiple sockpuppet accounts etc. (downodding to HIDE it? FORGET IT vs. me - everyone sees you @ it now, lol - thanks, just as I SAID "your kind", demonic SWINE/antigod LOSERS, always do).
WHY SHOULD YOU FEAR LIBELING ME PROJECTING IT NOW, TRYING TO HIDE IT TOO?
TOUGH HIDING YOU LIED about LIBELING ME, especially via INHERENTLY DAMAGING STATEMENTS libeling me as you did see GOLDWATER RULE below too fuckface CUNT you are (wikipedia proof https://soylentnews.org/comments.pl?noupdate=1&sid=37033&page=1&cid=985366#commentwrap [soylentnews.org] & you said "No jury or judge would back it" here https://soylentnews.org/comments.pl?noupdate=1&sid=37033&page=1&cid=985353#commentwrap? [soylentnews.org] Ok - like I said earlier here which you TRIED TO DOWNMOD HIDE as I knew you HAVE to (everyone sees it anyhow) - TRY ME FUCKER - say 1 thing you COWARDLY STUPID LITTLE FUCK & we'll SEE what happens to you, fuckface CUNT you are).
As I said "DO YOU WANT TO BE SUED" for breaking the GOLDWATER RULE? See here again https://soylentnews.org/comments.pl?noupdate=1&sid=37033&page=1&cid=985329#commentwrap [soylentnews.org] for YOUR (& everyone else's) reference of YOUR LIBEL of myself
P.S.=> Oh, I am going to have a FIELDDAY on YOUR ASS fucker - catching you not ONLY IN LIES above, but also in the fact you are a GODLESS fucking LOSER - come on, say something, question the above where you LIED fucker ("it was not me saying it" but it WAS in those links calling me a nutcase essentially when YOU SAID YOU DID NOT (because it IS grounds for SUING THE LIFE OUT OF YOUR WORTHLESS ASS because your statements are NOT BACKED BY actual psychiatric pros in professional psychiatric grounds LIBELING ME)) - oh, you are NEVER going to LIVE THIS DOWN & believe you me - I am going to MAKE SURE you don't - live with your HUMILIATION loser... apk
(Score: -1, Offtopic) by Anonymous Coward on Saturday August 01 2020, @08:22PM
APK has a history of making empty legal threats, such as the time he repeatedly sent empty threats to Thor Schrock [thorschrock.com]. Despite all the bluster, APK never went forward with any sort of legal action. If APK actually had a lawyer and was going to sue, that lawyer would instruct APK to stop commenting publicly. Considering the level of spam posted, APK certainly doesn't have a lawyer. While I suppose anyone can sue anyone else for anything, the chances of APK filing any sort of lawsuit are virtually zero. Again, if APK actually was going to sue people, he would have sued Thor Schrock. He did not.