3 ms·
CDL was already torpedoed before IA started doing it; there's a very similar scheme for digital resale called ReDigi which was sued to oblivion. In fact, it's w
by kmeisthax 2y ago
CDL was already torpedoed before IA started doing it; there's a very similar scheme for digital resale called ReDigi which was sued to oblivion. In fact, it's why the publishers sued in the Second Circuit.
Zoom doesn't have to care about posters on walls for several reasons[0] and computer backups are already authorized by law. There isn't really any potential for any worse precedent than what already existed before IA took a crack at it. The converse to "bad facts make bad law" is that courts are really hesitant to establish precedent that is broader than it needs to be[1]. And the precedent here is very much limited to the practice of loaning out e-books without a license, which was already pretty likely to be a "no" from the courts.
The only real risk is to IA themselves, but they apparently are protected by other parts of the law that limit damages on libraries. So they just wasted the court's time.
[0] DMCA 1201, and more importantly, the fact that such a use would be de minimus
[1] Except for the current political hackjobs in SCOTUS who need a good court-packing