4 ms·
There's a reason this as filed in the southern district of NY [1]. IA will lose based on the results of the Redigi case. The court found that in the case of a d
by en4bz 6y ago
There's a reason this as filed in the southern district of NY [1]. IA will lose based on the results of the Redigi case. The court found that in the case of a digital phonorecord that the "tangible medium" was the hard drive of the device it was downloaded to. Thus if you want to resell an MP3 you need to sell your hard drive. You can't just copy it to someone else's and then delete it. Any copy other than the original was found to be an illegal copy.
They never even looked at First Sale Doctrine which is a possible defense in this type of dispute.
If you translate this too books then the book itself is the tangible medium. Scans are infringing copies and only valid for personal use.
[1] https://en.wikipedia.org/wiki/Capitol_Records,_LLC_v._ReDigi_Inc%2E https://en.wikipedia.org/wiki/Capitol_Records,_LLC_v._ReDigi...
- ikeboy 6y agoNote that it was upheld on appeal, and so is precedent for the entire second circuit. However, I think this may be different. Defendant is a non-profit and isn't reselling anything.
- zozbot234 6y agoThey're also a library, and copyright law has broad exemptions for libraries that enable them to scan books for preservation purposes. So it's not clear that the "tangible medium" issue matters here.
- ikeboy 6y agoThere's an ongoing lawsuit involving a non-profit offering free live TV using what appears to be a loophole in the copyright laws. See https://en.wikipedia.org/wiki/Locast https://en.wikipedia.org/wiki/Locast That particular loophole probably doesn't apply there, but similar ones might.
- Nemo_bis 6y agoThanks! The case is American Broadcasting Companies, Inc. v. Goodfriend: https://archive.org/details/gov.uscourts.nysd.520217 https://archive.org/details/gov.uscourts.nysd.520217 Also at EFF: https://www.eff.org/press/releases/eff-joins-locast-defense-team-fight-tv-viewers-right-use-free-legal-streaming-0 https://www.eff.org/press/releases/eff-joins-locast-defense-...
- freedomben 6y agoHaven't heard of Locast and it looks like they aren't available in SLC unfortunately, but that looks neat. I hope they win! I'd pay a small amount monthly for something like that. Unfortunately you have to start at around ~$25/month with current providers, which is outrageous IMHO for something broadcast for free. That structure needs to die, but there are powerful, wealthy organizations profiting off of it, so it's an uphill battle for sure.
- ghaff 6y agoIt's probably more accurate to say that libraries have narrow exemptions specifically for preservation and scholarship purposes, especially for works that cannot otherwise be obtained at a reasonable price. Libraries and similar certainly don't have a blanket "Get out of jail free" card for reproducing and making widely available in unlimited quantities digital reproductions just because they're a library. https://www.law.cornell.edu/uscode/text/17/108 https://www.law.cornell.edu/uscode/text/17/108
- tzs 6y agoYour link was broken by HN, which tends to get confused by links that end in ".". Here it is with the trailing dot encoded so HN will not mess it up: https://en.wikipedia.org/wiki/Capitol_Records,_LLC_v._ReDigi_Inc%2E https://en.wikipedia.org/wiki/Capitol_Records,_LLC_v._ReDigi...