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The relevant statute provision is 17 U.S.C. § 501. On March 24, 2023, the Internet Archive was found liable for copyright infringement under that section by a
by troad 2y ago
The relevant statute provision is 17 U.S.C. § 501.
On March 24, 2023, the Internet Archive was found liable for copyright infringement under that section by a federal court, in an order granting a motion for a summary judgment.[0] A summary judgment means that there is no genuine dispute about facts, and the plaintiffs (the people suing the Internet Archive) are entitled to a judgment as a matter of law.[1]
It is your prerogative to feel that you're better qualified to interpret federal law than a federal court is, but it is fairly misleading to say that it is not at all clear what the law is here, when a court decision exists on these exact facts.
Should the law be changed? Yes, in my opinion. Is there much dispute over what the law is? No, not really.
[0] https://storage.courtlistener.com/recap/gov.uscourts.nysd.537900/gov.uscourts.nysd.537900.188.0.pdf https://storage.courtlistener.com/recap/gov.uscourts.nysd.53...
[1] Other common law jurisdictions use clearer language to describe summary judgments: in the UK and Australia, for example, a summary judgment is granted when a party has "no reasonable prospects of success" and there is no point in going to trial. These exact words aren't used in the US, but they give a reasonable indication of how summary judgments are used in practice.
None of this is legal advice.
- deleted 2y ago[deleted]
- BrandoElFollito 2y ago[flagged]