The IA did not have books that were currently in print and they also told publishers that if they found any that were in print that were uploaded, they would be removed.
Again from Wikipedia:
The 127 publishers' books in the suit are also available as ebooks from the publishers.
And from the section on the settlement reached:
On August 11, 2023, the parties reached a negotiated judgment. The agreement prescribes a permanent injunction against the Internet Archive preventing it from distributing the plaintiffs' books, except those for which no e-book is currently available,[3] as well as an undisclosed payment to the plaintiffs.
If you're going to accuse me of lying I would appreciate if you took a little more care to ensure your own statements were truthful.
Too bad that U.S. copyright law doesn't recognize CCLs or you'd have a point.
That's a flat "what." From me. Creative Commons licenses depend on copyright to function. In what way does US copyright law "not recognize" Creative Commons licenses?
It does not recognize CCLs because there is no legal mechanism in place to recognize them. They depend on copyright to function in the sense that copyright allows them to function in the nebulous grey area in which they exist and it hasn't been challenged yet.
Because, again, terrible PR.
Also, I accused you of lying when you said this:
The lawsuit was the result of bear-poking. It’s a result of their “National Emergency Library” that they briefly rolled out in 2020 where they took all the limits off of their “lending” and let people download as many copies as they wanted. Was “legitimate academic study” not possible before, with the old limits that weren’t provoking lawsuits?
Because the lawsuit wasn't the result of that, the lawsuit created a window of opportunity for publishers to do something they wanted to for years and sue them for something unrelated to that. Which you claim you knew. It's victim-blaming because I'm sure you also know that they would have been sued eventually regardless of what they did or did not do.
So yeah, that makes what you said a lie by your own admission.
It's victim-blaming because I'm sure you also know that they would have been sued eventually regardless of what they did or did not do.
No, I "know" no such thing. How do you "know" that?
In fact, I think the IA wouldn't have been sued if they'd continued to keep a low profile and stuck to the common practice of limiting their "digital lending" to one copy at a time. I don't "know" it because you can't know the future, only predict it, but I think that's most likely given how many other libraries get away with exactly that same practice and how IA itself was getting away with it for years before they blew it.
So yeah, that makes what you said a lie by your own admission.
You are imagining that I "know" I'm lying, and then using that to claim that I'm lying "by my own admission." This is so blatantly fallacious it's actually kind of remarkable.
You were lying by admission because you admitted you knew that it was a window of opportunity to sue them for something unrelated to that.
Please read more carefully before having such silly knee-jerk reactions.
You were lying by admission because you admitted you knew that it was a window of opportunity to sue them for something unrelated to that.
I honestly have no idea what you mean here.
It wasn't a "window of opportunity", it was a provocation that couldn't be ignored. The publishers have had the opportunity to sue for a long time, as you've said. They just didn't want to for PR reasons, again as you've said.
The lawsuit isn't for "unrelated" reasons. It's for copyright violation due to their practice of distributing ebooks without permission.
You're clearly very passionate about this matter, but you're only paying attention to things that support one view of it and are instantly dismissing anything that might challenge that as being "supporting the enemy" or outright lies. I like the Internet Archive, I want them to survive and flourish. That's not going to happen if the keep tilting at windmills and picking unwinnable fights. I don't cheer them when they're charging headlong into a meatgrinder.
No, I'm paying full attention to your claim that the Internet Archive provoked publishers into suing them for something unrelated to that supposed provocation.
The Internet Archive was distributing unlimited copies of ebooks whose rights were held by major publishers.
The major publishers sued them for distributing copies of ebooks whose rights were held by them.
Yeah, totally unrelated.
Me:
But the lawsuit was about CDL as a whole, not what happened in 2020.
You:
Yes, the lawsuit is about CDL as a whole.
So is it about what happened in 2020 or is it about something public libraries do too?
You are both speculating about what triggered the lawsuit because the only people that know for sure what triggered the lawsuit are the publishers and they aren't talking.
If all public libraries are using CDL and the publishers have only sued IA, who flagrantly violated CDL, and they sued them only 2 months after they started violating the CDL, then that certainly seems like a very possible factor in the lawsuit, right?
Again from Wikipedia:
And from the section on the settlement reached:
If you're going to accuse me of lying I would appreciate if you took a little more care to ensure your own statements were truthful.
That's a flat "what." From me. Creative Commons licenses depend on copyright to function. In what way does US copyright law "not recognize" Creative Commons licenses?
It does not recognize CCLs because there is no legal mechanism in place to recognize them. They depend on copyright to function in the sense that copyright allows them to function in the nebulous grey area in which they exist and it hasn't been challenged yet.
Because, again, terrible PR.
Also, I accused you of lying when you said this:
Because the lawsuit wasn't the result of that, the lawsuit created a window of opportunity for publishers to do something they wanted to for years and sue them for something unrelated to that. Which you claim you knew. It's victim-blaming because I'm sure you also know that they would have been sued eventually regardless of what they did or did not do.
So yeah, that makes what you said a lie by your own admission.
No, I "know" no such thing. How do you "know" that?
In fact, I think the IA wouldn't have been sued if they'd continued to keep a low profile and stuck to the common practice of limiting their "digital lending" to one copy at a time. I don't "know" it because you can't know the future, only predict it, but I think that's most likely given how many other libraries get away with exactly that same practice and how IA itself was getting away with it for years before they blew it.
You are imagining that I "know" I'm lying, and then using that to claim that I'm lying "by my own admission." This is so blatantly fallacious it's actually kind of remarkable.
You were lying by admission because you admitted you knew that it was a window of opportunity to sue them for something unrelated to that.
Please read more carefully before having such silly knee-jerk reactions.
I honestly have no idea what you mean here.
It wasn't a "window of opportunity", it was a provocation that couldn't be ignored. The publishers have had the opportunity to sue for a long time, as you've said. They just didn't want to for PR reasons, again as you've said.
The lawsuit isn't for "unrelated" reasons. It's for copyright violation due to their practice of distributing ebooks without permission.
You're clearly very passionate about this matter, but you're only paying attention to things that support one view of it and are instantly dismissing anything that might challenge that as being "supporting the enemy" or outright lies. I like the Internet Archive, I want them to survive and flourish. That's not going to happen if the keep tilting at windmills and picking unwinnable fights. I don't cheer them when they're charging headlong into a meatgrinder.
No, I'm paying full attention to your claim that the Internet Archive provoked publishers into suing them for something unrelated to that supposed provocation.
The Internet Archive was distributing unlimited copies of ebooks whose rights were held by major publishers.
The major publishers sued them for distributing copies of ebooks whose rights were held by them.
Yeah, totally unrelated.
Me:
You:
So is it about what happened in 2020 or is it about something public libraries do too?
For example: https://blc.org/controlled-digital-lending
You are both speculating about what triggered the lawsuit because the only people that know for sure what triggered the lawsuit are the publishers and they aren't talking.
If all public libraries are using CDL and the publishers have only sued IA, who flagrantly violated CDL, and they sued them only 2 months after they started violating the CDL, then that certainly seems like a very possible factor in the lawsuit, right?