this post was submitted on 04 Sep 2024
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My understanding is that the IA had implemented a digital library, where they had (whether paid or not) some number of licenses for a selection of books. This implementation had DRM of some variety that meant you could only read the book while it was checked out. In theory, this means if the IA has 10 licenses of a book, only 10 people have a usable copy they borrowed from the IA at a time.
And then the IA disabled the DRM system, somehow, and started limitlessly lending the books they had copies of to anyone that asked.
I definitely don't like the obnoxious copyright system in the USA, but what the IA did seems obviously ~~wrong~~ against the agreement they entered into. Like if your local library got a copy of Book X and then when someone wanted to borrow it they just copied it right there and let you keep the copy.
ETA: updated my wording. I don't believe what the IA did was morally wrong, per se, but rather against the agreement I presume they entered into with the owners of the books they lent.
They disabled drm during lockdown so people had something to do
Which was nice of them, but that doesn’t mean they should’ve done that, especially in the eyes of the law. (Also, if you’re after free ebooks, why are you pirating them on archive.org instead of libgen?)
Where did I say that find it good that they got sued or lost their appeal? I just said that the reason why they lost the appeal is because according to the law they’re bound to, what they did was wrong. And maybe they should’ve left that to a platform that enjoys a little more immunity from said law, because there are plenty of those. It was stupid of them. They painted an unnecessary target on their back that doesn’t help their cause and I‘d prefer them not to have to shut down at some point because I’m all for the Internet archive archiving anything and everything. They should’ve stayed a legitimate library and everything would have been fine and would have served their cause sufficiently well.
Ah, so you‘re one of those people that would be well at home at lemmygrad. And what fate are you talking about? Not getting sued?
The publisher-plaintiffs did not prove the "obvious wrong" in this case, however US-based courts have a curious standard when it comes to the application of Fair Use doctrine. This case ultimately rested on the fourth, most significantly-weighted Fair Use standard in US-based courts: whether IA's digital lending harmed publisher sales during the 3-month period of unlimited digital lending.
Unfortunately, when it comes to this standard, the publisher-plaintiffs are not required to prove harm, rather only assert that harm has occurred. If they were required to prove harm they'd have to reveal sales figures for the 27 works under consideration--publishers will do anything to conceal this information and US-based courts defer to them. Therefore, IA was required to prove a negative claim--that digital lending did not hurt sales--without access to the empirical data (which in other legal contexts is shared during the discovery phase) required to prove this claim. IA offered the next best argument (see pp. 44-62 of the case document to check for yourself), but the data was deemed insufficient by the court.
In other words, on the most important test of Fair Use doctrine, which this entire case ultimately pivoted upon, IA was expected to defend itself with one arm tied behind its back. That's not 'fair' and the publishers did not prove 'obvious' harm, but the US-based courts are increasingly uninterested in these things.
edited: page numbers on linked court document.
The decision is that even lending out ebooks against owned copies is illegal
What the IA may be illegal but is certainly not wrong.
Wrong? No.
Against the terms of agreements they made? Yes.
Actions also protected by laws exempting nonprofits and archives from copyright restrictions? Also supposed to be yes.
To be fair, this is what I meant when I said wrong. Enough people have taken umbrage with my wording that I think I should update it, though. Thank you for your reply.
Completely useless rageposting on your side.
Also, the original commenter corrected it later to clarify.
That's how it works in the rest of the world.
What part of the rest of the world are you in?
Some university library probably.
No it isn't.