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The document argues that the NEL was fair use in IV. B. Here is part of what they say: >In those unique circumstances, the Internet Archive reasoned that the t
by whatshisface 4y ago
The document argues that the NEL was fair use in IV. B. Here is part of what they say:
>In those unique circumstances, the Internet Archive reasoned that the technical controls
limiting the number of concurrent lends to the number of non-circulating copies Internet Archive
or its partner libraries had on hand was not necessary. Id. ¶ 71. Given the massive number of
books sitting idle on library shelves, doing so would not increase the number of copies of books
in circulation above the number of copies libraries had bought and paid for. Id. ¶¶ 92–95. The
Internet Archive still imposed the full array of other protections—lending books for limited
periods, using DRM software to protect the books from being kept outside that loan period, and
so on. Id. ¶¶ 34–35. And under those unique circumstances, lending books in that way was fair use. As with
CDL, analysis of the data reflects that the publishers did not actually lose out on any revenues as
a result of the NEL.