3 ms·

If this was a strategy from the IA, it has all but failed, hasn't it? And given that the vast majority predicted it would fail, I wouldn't even call this hindsi

• justin66 4y ago
  The IA will appeal the outcome of this case. An appeal by one side or the other was probably inevitable. I don't know as much about the law as the, ahem, "vast majority," but I wonder if the IA will, in the event of a loss, lose anything more than the ability to do something they are found to have done in violation of the law, and some legal fees. I read the decision and saw some reasons for encouragement, but hey... not a lawyer.
• wahern 4y ago
  Libraries are given a good faith exception from statutory damages. 17 USC § 504(c)(2). I don't think any court has yet had the opportunity to interpret and apply the exception. Nonetheless, there's little reason to believe that the IA's interpretation of Fair Use wasn't in good faith. The court's recent decision deferred the question for later, but we'll find out soon enough. And then we're only just getting started--this case was always destined to be decided on appeal as it poses novel and important legal questions.