The publishers' lawsuit against the Internet Archive (Hachette v. Internet Archive) has resulted in the removal of more than 500,000 books from our lending library, including over 1,300 banned and challenged titles. We are actively appealing this decision to restore access for all our patrons.
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Here’s the Wikipedia article on the lawsuit. From the opening paragraph:
IA was using the CDL without any problems or complaints before the National Emergency Library incident, with the one-copy-at-a-time restriction in place. It was only after they took those limiters off that the lawsuit was launched.
What I said was true.
Basically what you’re saying is big corporations found an opportunity and took it.
But the lawsuit was about CDL as a whole, not what happened in 2020.
Also, why you’re trusting Wikipedia over the EFF is beyond me.
Yes, the lawsuit is about CDL as a whole. They could have sued IA years earlier. They could be suing libraries all over the place for using CDL. But they didn’t, because the people using CDL were doing so in order to placate the publishers. It was an unspoken truce.
You can see a similar dynamic going on with fanfiction. A site like fanfiction.net is a gigantic pile of copyright violations, and yet you don’t see it beset with lawsuits. That’s because fanfiction.net isn’t doing anything that would harm the income of the copyright holders or otherwise “poke the bear.” You occasionally hear about fan projects getting shut down when they go “too far”, however. Like what IA did in the case of the National Emergency Library.
Wikipedia has neutral point of view and verifiability policies. Everything written in their articles should be backed by external sources and if there are multiple sides to a story they should all be fairly represented. The EFF, on the other hand, is taking the IA’s side in this and is motivated to make them sound better and the publishers to sound worse.
The Wikipedia article has 32 external sources cited for its contents. The EFF article has only two internal links, one of them leading to their lawyers’ homepage and one linking to the motion that the EFF filed.
They sued the Internet Archive for doing the exact same thing libraries do, and only with books that are not in print. Much like why you trust Wikipedia over the EFF, why you think that’s something worth defending I don’t know.
Libraries do not make unlimited copies of books so everyone can check it out at the same time without wait. Obviously the EFF doesn’t want to admit its client did that because it destroys their case, but that’s what the judge found the IA stupidly did.
Libraries use CDL all the time.
Libraries buy licenses to do so from the publishers, but that’s unrelated to what I said.
I’m saying the judge found that IA violated its own CDL, so even if its interpretation of the law was correct, the IA would still be liable.
So why aren’t they suing libraries for doing those “exact same things?” Why target the IA specifically, and not other libraries?
Could it be that the IA did not in fact do the “exact same thing” as libraries?
I am not “defending” the publishers. They are the villains here. I think current copyright laws are insanely overreaching and have long ago lost the plot of what they were originally intended for.
This is like a horror movie where there’s a slasher hiding in the house and the dumb protagonists say “let’s split up to find him more quickly”, and I’m shouting at the idiot who’s going down into the dark basement alone. The slasher is the publishing companies and the idiot going down the stairs is the IA. It’s entirely justified to shout at them for being an idiot and recommend that they just run away, without being accused of “defending” the slasher.
Because publishers suing every public library in America would take a lot of time since it would involve every separate library system and also wouldn’t exactly look good from a PR perspective.
You really don’t have a good eye for the obvious.
Exactly, it’d be bad PR. I’ve argued this before in other threads, the publishers don’t want to destroy IA. They just want IA to not flagrantly interfere with their business. They only sued IA when IA poked them too hard for them to ignore.
You may note that the settlement agreement they reached with IA lets IA continue to host books that the publishers haven’t released as ebooks themselves, for example. Even now they’re not being as harsh as they could be.
As the husband of a librarian who is now a library administrator, you cannot be more wrong. If publishing companies had a way of shutting down all the public libraries in America or charge everyone a per-lending fee, they would absolutely do that. They hate public libraries. They are as hostile to them as they can be without getting lawyers involved.
So why aren’t they? If libraries are doing exactly what IA is doing, why not sue them too? The judge issued a summary judgement in their favor so it’s pretty open-and-shut, isn’t it?
It’s because the libraries know where the line is and they’re careful not to cross it. IA jumped merrily across the line and shouted about it from the rooftops.