6 ms·

Note 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

by ikeboy 6y ago

Note 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 ago
They'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 ago
  There'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 ago
    Thanks! 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 ago
    Haven'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 ago
  It'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

by ikeboy 6y ago

Note 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 ago

They'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 ago
There'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 ago
  Thanks! 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 ago
  Haven'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 ago
It'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