Internet Archive: Digital Lending is Fair Use, Not Copyright Infringement * TorrentFreak

aPirate@lemmy.dbzer0.com to Piracy: ꜱᴀɪʟ ᴛʜᴇ ʜɪɢʜ ꜱᴇᴀꜱ@lemmy.dbzer0.com – 372 points –
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Staying true to the centuries-old library concept, only one patron at a time can rent a digital copy of a physical book for a limited period.

This is misleading. IA had a restriction of one digital copy per real copy scanned, however they removed this restriction during covid - and that was when the publishers sued.

End of the day, IA tried to test the limits of them and ended up having them defined better in favour of the publishers. They paint themselves as the victim, but actually it's their actions that made things worse. Hopefully they'll straighten things out a bit in the appeal, but IA only have themselves to blame here.

well it's a bullshit fake restriction that has zero need to exist beyond greed. very cool of them to try to get something going.

It is a bullshit fake restriction because it doesn't even exist. However, it's something of a grey area that, up until IA poked the hornets nest, allowed a bit of wiggle room to get away with breaking copyright law.

Now a judge has ruled that managing one digital copy per physical copy is explicitly against the law as written. They aren't even trying any sort of fair use argument, they're basically just saying "we do public good" but don't actually explain how that means anything in law.

Meanwhile, the lawyers get paid, and IA goes on fundraising campaigns.

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