4 ms·

I recognize some of the names here. This will be a case to watch, which ever way it goes the constructions allowed here will percolate through the law for years

I recognize some of the names here. This will be a case to watch, which ever way it goes the constructions allowed here will percolate through the law for years to come. This case hinges on the exact wording of the law that authorizes the National Emergency Library. IIRC, it basically gives copyright impunity during a declared national emergency. As far as I am aware, the coronavirus declared national emergency is still in effect. IA loses by attrition, is my guess. Many rounds of "Preliminary" injunctions and orders will stop thier income streams, then they die.

Vespasian 6y ago
What law does explicitly allow the NEL? If I recall correctly, the Internet Archive decided unilaterally that they would do this due to many libraries being closed. I (not in the US) do not remember any changes to the copyright act being passed to allow this. Edit to add: They offered this globally and therefore disregarded any laws in countries which have already settled this issue. (Hint: to my knowledge not in a way that favors their interpretation)
- jjcon 6y ago
  There is no law permitting this - IA main legal argument it: > Our principal legal argument for controlled digital lending is that fair use— an “equitable rule of reason”—permits libraries to do online what they have always done with physical collections under the first sale doctrine: lend books http://blog.archive.org/2020/03/30/internet-archive-responds-why-we-released-the-national-emergency-library/ http://blog.archive.org/2020/03/30/internet-archive-responds... They are saying digital is equivalent to physical which is the same exact argument vidangel tried and lost a year or two ago
- nordsieck 6y ago
  > What law does explicitly allow the NEL? > If I recall correctly, the Internet Archive decided unilaterally that they would do this due to many libraries being closed. Exactly. It's not even clear that "controlled digital lending" is in compliance with copyright law[1]. The NEL or "uncontrolled digital lending" is almost certainly not in compliance with the copyright statutes. ___ 1. It's not specifically allowed, and there hasn't been any case law on it. To see arguments for controlled digital lending, go here: https://controlleddigitallending.org/whitepaper https://controlleddigitallending.org/whitepaper
- zucker42 6y ago
  Which law specifically bans the NEL? The IA seems to be arguing copyright law doesn't because it's covered under fair use.
WaltPurvis 6y ago
> This case hinges on the exact wording of the law that authorizes the National Emergency Library. IIRC, it basically gives copyright impunity during a declared national emergency. There is no such law. What on earth are you talking about?
tgsovlerkhgsel 6y ago
Isn't the income stream mostly donations, and is getting publicity from being targeted by unpopular entities a great way to get more donations?

Vespasian 6y ago

What law does explicitly allow the NEL? If I recall correctly, the Internet Archive decided unilaterally that they would do this due to many libraries being closed. I (not in the US) do not remember any changes to the copyright act being passed to allow this. Edit to add: They offered this globally and therefore disregarded any laws in countries which have already settled this issue. (Hint: to my knowledge not in a way that favors their interpretation)

jjcon 6y ago
There is no law permitting this - IA main legal argument it: > Our principal legal argument for controlled digital lending is that fair use— an “equitable rule of reason”—permits libraries to do online what they have always done with physical collections under the first sale doctrine: lend books http://blog.archive.org/2020/03/30/internet-archive-responds-why-we-released-the-national-emergency-library/ http://blog.archive.org/2020/03/30/internet-archive-responds... They are saying digital is equivalent to physical which is the same exact argument vidangel tried and lost a year or two ago
nordsieck 6y ago
> What law does explicitly allow the NEL? > If I recall correctly, the Internet Archive decided unilaterally that they would do this due to many libraries being closed. Exactly. It's not even clear that "controlled digital lending" is in compliance with copyright law[1]. The NEL or "uncontrolled digital lending" is almost certainly not in compliance with the copyright statutes. ___ 1. It's not specifically allowed, and there hasn't been any case law on it. To see arguments for controlled digital lending, go here: https://controlleddigitallending.org/whitepaper https://controlleddigitallending.org/whitepaper
zucker42 6y ago
Which law specifically bans the NEL? The IA seems to be arguing copyright law doesn't because it's covered under fair use.

WaltPurvis 6y ago

> This case hinges on the exact wording of the law that authorizes the National Emergency Library. IIRC, it basically gives copyright impunity during a declared national emergency. There is no such law. What on earth are you talking about?

tgsovlerkhgsel 6y ago

Isn't the income stream mostly donations, and is getting publicity from being targeted by unpopular entities a great way to get more donations?