Internet Archive responds: Why we released the National Emergency Library
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Re: Internet Archive responds: Why we released the National Emergency Library
#2Why reimplement waitlists later if this is legal?
Is the answer that it probably isn't legal and they're just hoping for the best here?
Re: Internet Archive responds: Why we released the National Emergency Library
#3> What about those who say we’re stealing from authors & publishers?
Has any normal human being who is not a publisher or an author actually made this claim?
Re: Internet Archive responds: Why we released the National Emergency Library
#4Why reimplement waitlists later if this is legal? Is the answer that it probably isn't legal and they're just hoping for the best here?
Things can be legal in specific situations even if it's illegal in others. It's up to courts to decide on that.
Re: Internet Archive responds: Why we released the National Emergency Library
#5> What about those who say we’re stealing from authors & publishers? Has any normal human being who is not a publisher or an author actually made this claim?
If you look around, you’ll also find photographers, painters, videographers, illustrators, designers, and musicians making similar arguments.
Re: Internet Archive responds: Why we released the National Emergency Library
#6Why reimplement waitlists later if this is legal? Is the answer that it probably isn't legal and they're just hoping for the best here?
They know (and wouldn't deny) it's against normal copyright law and an infringement of the IP of the authors/publishers; they are hoping that courts would side with them as a "war-time emergency measure taken in the national interest."
I am deeply appreciative of the Internet Archive which is why I probably wouldn't have taken that bet. It would be horrible if their solvency and future relied on the outcome of the inevitable lawsuits to follow, and I don't think the risk (of losing IA) is worth the benefit (and this is why things this important should be government-backed so that they can ignore some laws with impunity in time of need, or at least without risking their very existence).
Personally, I'd have switched to shorter waitlists first (e.g. 24 hours or even 4 hours). But I'm not a domain expert; what do I know?
Re: Internet Archive responds: Why we released the National Emergency Library
#7So under ordinary circumstances, when they do their Controlled Digital Lending, for each copy they lend out there's an actual dead-tree book sitting on a shelf somewhere?
Re: Internet Archive responds: Why we released the National Emergency Library
#8So under ordinary circumstances, when they do their Controlled Digital Lending, for each copy they lend out there's an actual dead-tree book sitting on a shelf somewhere?
Exactly.
Re: Internet Archive responds: Why we released the National Emergency Library
#9So under ordinary circumstances, when they do their Controlled Digital Lending, for each copy they lend out there's an actual dead-tree book sitting on a shelf somewhere?
Exactly.
Yes, there are a number of warehouses with millions of books in boxes, indexed down to the book (hence the metadata of a book has a physical location in it).
Re: Internet Archive responds: Why we released the National Emergency Library
#10Why reimplement waitlists later if this is legal? Is the answer that it probably isn't legal and they're just hoping for the best here?
They know (and wouldn't deny) it's against normal copyright law and an infringement of the IP of the authors/publishers; they are hoping that courts would side with them as a "war-time emergency measure taken in the national interest." I am deeply appreciative of the Internet Archive which is why I probably wouldn't have taken that bet. It would be horrible if their solvency and future relied on the outcome of the in…
More than that, I would guess that they will defend themselves with an argument like the following.
They will claim that they are lending out copies of books locked up in other libraries. And there are librarians from said libraries willing to testify that they have agreed to allow this. They have ceased tracking inventory because getting a detailed inventory under current conditions is challenging. But they believe that the number of copies that they have available exceeds the number that will get lent.
If challenged, they will have the number of book X lent out on file. As long as they can find more libraries willing to say "We authorize them to lend the copy we can't lend physically because of quarantine" than they lent copies, this argument has a shot.