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Publishers File Suit Against Internet Archive

publishers.org

71–80 of 358 posts

Re: Publishers File Suit Against Internet Archive

#71

Why can't the publishing industry just hurry up and die? They provide fewer and fewer valuable services as the marginal cost of content distribution approaches zero and they just seem more like rent seekers.

As long as people conflate the last step's marginal cost with the amortized cost of making a thing that ends up in your hands, we're gonna be stuck arguing about this.

Re: Publishers File Suit Against Internet Archive

#72
post #53

Earlier quoted context omitted.

>I wonder how they feel about actual libraries, which make published works available for free to many people as well. If we're talking about "digital" lending instead of physical books, the traditional libraries "play nice" with publishers by buying DRM ebooks and lending out a limited number of copies. This is what they mean by traditional public libraries being "participants in lawful copyright marketplace" . IA sc…

IA's lending is not unlimited, even with the National Emergency Library. The books are still restricted by DRM, they do keep track of how many copies are out for each book, and they do monitor the system to prevent abuse. It's a real library lending system, nothing like what they do with actual public domain works.

>IA's lending is not unlimited, even with the National Emergency Library.

I'm not debating with you about the details since I haven't used IA's system myself but the last time this came up, a commenter explained that there were a bunch of loopholes in IA's "limits" that it was effectively "unlimited". E.g. after the checkout period expires, you just check out the ebook again. Again, I don't know if this is true.

EDIT to replies equating this to "physical books" : the context of my answer was "digital" ebooks. Physical books are already limited in the sense that libraries' limited budgets only buy limited copies of paper books. So library patrons renewing their borrowed book is "unlimited" on time but not a threat to the publishers because the # of copies are still limited.

Re: Publishers File Suit Against Internet Archive

#73

> Despite the self-serving library branding of its operations, IA’s conduct bears little resemblance to the trusted role that thousands of American libraries play within their communities and as participants in the lawful copyright marketplace. IA scans books from cover to cover, posts complete digital files to its website, and solicits users to access them for free by signing up for Internet Archive Accounts. I wond…

If libraries weren't an ancient concept that preceeded copyright law they'd be illegal today.

It seems to me that the First Sale Doctrine makes library lending (among any other use of an individual instance of copyrighted material) legal.

Unless you're arguing that the First Sale Doctrine was only created because libraries are older than modern copyright, I don't think I agree.

Re: Publishers File Suit Against Internet Archive

#74

Earlier quoted context omitted.

IA's lending is not unlimited, even with the National Emergency Library. The books are still restricted by DRM, they do keep track of how many copies are out for each book, and they do monitor the system to prevent abuse. It's a real library lending system, nothing like what they do with actual public domain works.

But for copyright to mean something and for the authors to get paid IA's emergency library can't become the norm right? If they don't enforce limits on the number of copies what does it matter that they monitor the number of copies.

> IA's emergency library can't become the norm

I don't think the plan is to "become the norm". It's an 'emergency library', and it exists currently because the pandemic has forced regular libraries to close.

Re: Publishers File Suit Against Internet Archive

#75

Earlier quoted context omitted.

IA's lending is not unlimited, even with the National Emergency Library. The books are still restricted by DRM, they do keep track of how many copies are out for each book, and they do monitor the system to prevent abuse. It's a real library lending system, nothing like what they do with actual public domain works.

But for copyright to mean something and for the authors to get paid IA's emergency library can't become the norm right? If they don't enforce limits on the number of copies what does it matter that they monitor the number of copies.

As long as physical libraries throughout the U.S. and in much of the world are shuttered due to COVID, something like the NEL makes a lot of sense. It's not the norm, but we're not living in normal times either.

Re: Publishers File Suit Against Internet Archive

#76

The Internet Archive does great work and please support them if you can[1]. Still, they are a single point of failure[2] and if they should falter one day it will be a big loss. What we really need - in my opinion - is a second mainstay - an archive of the archive so to speak. [1] https://archive.org/donate/ [2] Yes, I know about archive.today (formerly archive.is) but their extent is no way comparable to archive.org…

There are plenty of digital preservation initiatives around the world, many (most?) inspired by the Internet Archive, including various national libraries.

The Internet Archive is a precious initiative and by far the most well known in its field, but it is not a "single point of failure".

Re: Publishers File Suit Against Internet Archive

#77

> Despite the self-serving library branding of its operations, IA’s conduct bears little resemblance to the trusted role that thousands of American libraries play within their communities and as participants in the lawful copyright marketplace. IA scans books from cover to cover, posts complete digital files to its website, and solicits users to access them for free by signing up for Internet Archive Accounts. I wond…

Actual libraries buy more than one copy. That is the issue.

And they don’t have to pay inflated prices for a “license” that can be revoked at any time.

Re: Publishers File Suit Against Internet Archive

#78

Earlier quoted context omitted.

If libraries weren't an ancient concept that preceeded copyright law they'd be illegal today.

I am certain you are right. And with that knowledge would be locked away to those who could afford access (be it with money or some form of social capital to ensure inequality).

> And with that knowledge would be locked away to those who could afford access (be it with money or some

github stars.

Re: Publishers File Suit Against Internet Archive

#79
post #23

Earlier quoted context omitted.

Normal libraries have to pay quite a bit of money to participate in the digital world - purchasing the right to lend out an ebook, and only being able to distribute the book some 30-50 times before having to re-purchase the rights. The IA is not paying these fees, and so there's some copyright questions around the distribution rights of scans of legitimate purchases to be answered.

There is no reason that these should be seperate rights to buying an ebook, once.

The right to distribute a thing at scale and the right to buy a single copy for yourself just can't be the same thing. Should a movie theater that sells ten thousand tickets have to pay the film studio for the cost of a single DVD and then be free to do whatever they want?

Re: Publishers File Suit Against Internet Archive

#80

> Despite the self-serving library branding of its operations, IA’s conduct bears little resemblance to the trusted role that thousands of American libraries play within their communities and as participants in the lawful copyright marketplace. IA scans books from cover to cover, posts complete digital files to its website, and solicits users to access them for free by signing up for Internet Archive Accounts. I wond…

I think this press release is missing an important details. While previously IA only allowed the same number of books that they owned to be lent out as part of their response to covid they've dropped that restriction. As much as I like IA if copyright is to continue to exist that can't be legal. http://blog.archive.org/2020/03/24/announcing-a-national-eme...

Copyright doesn't exist as boolean. It's a social contract-- a give and take between the owners of "intellectual property" and society-- and exists along a continuum. Copyright in the US has, in the last 50-ish years, taken a hard turn toward benefit for the owners of the "intellectual property" (not requiring registration anymore, increased duration of terms, the DMCA and everything that came along with it). I'd argue and some re-negotiation is long overdue, especially in light of how ubiquitous computer networking is changing the landscape.
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