5 ms·

We all knew that the IA was bound to be litigated out of existence at some point. But I don’t understand the authors point that it’s the IA’s fault - is there a

by yunohn 2y ago

We all knew that the IA was bound to be litigated out of existence at some point. But I don’t understand the authors point that it’s the IA’s fault - is there actually any way they could avoid or win an IP case ever?

neaden 2y ago
Probably not, but until they did unlimited digital lending no one sued. Controlled digital lending wa probably ways a non starter but the publishers seemed to make the choice not to risk the legal decision and public ill will to sue over it until the archive dropped the conteolled part.
rodgerd 2y ago
If the centrepiece of your legal defence is "we're just like a library" it would probably help to behave like a library: for example, if you purchase five books or CDs then lend five copies at a time. The IA doesn't appear to buy many books or CDs or DVDs (it has donation drives for second-hand copies). It doesn't do any controls over the number of copies "out". It resembles MegaUpload or other piracy sites more than a library.
- mlyle 2y ago
  > It doesn't do any controls over the number of copies "out". This is untrue; under normal circumstances it had matching numbers "out" in the commercial book collection. It was madness in early 2020 when they temporarily abandoned this control in response to COVID. https://archive.org/details/statisticaltherm0000stid/page/n499/mode/2up https://archive.org/details/statisticaltherm0000stid/page/n4... You can look at a few pages of this book; you can log in and check it out, if no one else has it.
tedunangst 2y ago
One might ask how it came to be that this case is the one that was filed?
sdrinf 2y ago
* IA's most important function (at least for me) is holding copies of the World Wide Web as it was. * Given an annually compounding 30% linkrot, 99.92% of all the content ever published on the Internet is no longer available. * This has been litigated, see Field v. Google Inc., 412 F (2006), and held to be "fair use" due to safe harbor of Section 512(b) of the DMCA * This exemption does not apply to books, music, videos, or any of the other pirated material.

by yunohn 2y ago

neaden 2y ago

Probably not, but until they did unlimited digital lending no one sued. Controlled digital lending wa probably ways a non starter but the publishers seemed to make the choice not to risk the legal decision and public ill will to sue over it until the archive dropped the conteolled part.

rodgerd 2y ago

If the centrepiece of your legal defence is "we're just like a library" it would probably help to behave like a library: for example, if you purchase five books or CDs then lend five copies at a time. The IA doesn't appear to buy many books or CDs or DVDs (it has donation drives for second-hand copies). It doesn't do any controls over the number of copies "out". It resembles MegaUpload or other piracy sites more than a library.

mlyle 2y ago
> It doesn't do any controls over the number of copies "out". This is untrue; under normal circumstances it had matching numbers "out" in the commercial book collection. It was madness in early 2020 when they temporarily abandoned this control in response to COVID. https://archive.org/details/statisticaltherm0000stid/page/n499/mode/2up https://archive.org/details/statisticaltherm0000stid/page/n4... You can look at a few pages of this book; you can log in and check it out, if no one else has it.

tedunangst 2y ago

One might ask how it came to be that this case is the one that was filed?

sdrinf 2y ago

* IA's most important function (at least for me) is holding copies of the World Wide Web as it was. * Given an annually compounding 30% linkrot, 99.92% of all the content ever published on the Internet is no longer available. * This has been litigated, see Field v. Google Inc., 412 F (2006), and held to be "fair use" due to safe harbor of Section 512(b) of the DMCA * This exemption does not apply to books, music, videos, or any of the other pirated material.