Earlier quoted context omitted.
When you look at a book you make a copy on your retina (if you want to reduce to absurd).
> When you look at a book you make a copy on your retina Not how our retina, the optic nerve, visual cognition or visual recall work.
The Internet Archive has lost its appeal in Hachette vs. Internet Archive
341–350 of 848 posts
Re: The Internet Archive has lost its appeal in Hachette vs. Internet Archive
#342Earlier quoted context omitted.
> There's no "library exception". The copying only exists on a technical level because digital stuff is weird. Only one copy is usable at a time. So either IA is guilty of copying because of a technicality, or normal libraries are only allowed because of a technicality/exception. (Because normal libraries fail the transformation test, they fail the amount copied test, they fail the expressive nature test, and they fa…
Libraries are not allowed to do what IA did!
The only difference is whether technically copying happens, because controlled digital lending has the same results as a system that involves no copying. It doesn't have the common definition of copying where two people can access two copies at the same time.
If IA came first, and libraries came second, would we refer to libraries as having a technicality/exception that lets them be legal?
Though I suspect that if libraries were invented right now they'd be declared illegal.
Re: The Internet Archive has lost its appeal in Hachette vs. Internet Archive
#343Earlier quoted context omitted.
Libraries are not allowed to do what IA did!
I'm talking about what libraries are allowed to do, the non-digital version of lending. It fails every fair use test, but they're allowed to do it. The only difference is whether technically copying happens, because controlled digital lending has the same results as a system that involves no copying. It doesn't have the common definition of copying where two people can access two copies at the same time. If IA came f…
Re: The Internet Archive has lost its appeal in Hachette vs. Internet Archive
#344Earlier quoted context omitted.
[flagged]
Labor should not be free, but it should also not serve to establish rent to be paid in perpetuity. > Mass indirect piracy via AI being used to flood the Kindle market with slop is bad enough. That just amplified the problem that already existed before LLMs - human-written slop already flooded the Kindle market, and has been flooding paper book market too - and yes, "ending book writing as a profession" is likely the…
In the Information Age where everything else is increasingly automated, this eventually converges with all labor being uncompensated since all labor is eventually intellectual in nature if we are sufficiently advanced.
Re: The Internet Archive has lost its appeal in Hachette vs. Internet Archive
#345Earlier quoted context omitted.
I'm talking about what libraries are allowed to do, the non-digital version of lending. It fails every fair use test, but they're allowed to do it. The only difference is whether technically copying happens, because controlled digital lending has the same results as a system that involves no copying. It doesn't have the common definition of copying where two people can access two copies at the same time. If IA came f…
No fair use test applies to the lending of physical books, which do not create copies and are not governed by the Copyright Act.
Please look at what I'm actually saying instead of snapping off replies that don't address my point. (And yes I edited in another couple sentences but the part about libraries not copying was in the original version of both those posts.)
Re: The Internet Archive has lost its appeal in Hachette vs. Internet Archive
#346Earlier quoted context omitted.
> When you look at a book you make a copy on your retina Not how our retina, the optic nerve, visual cognition or visual recall work.
Please explain how you think retinas work. And they didn't say anything about visual recall.
Re: The Internet Archive has lost its appeal in Hachette vs. Internet Archive
#347Earlier quoted context omitted.
No fair use test applies to the lending of physical books, which do not create copies and are not governed by the Copyright Act.
They don't have to pass the test, but they still fail it. Please look at what I'm actually saying instead of snapping off replies that don't address my point. (And yes I edited in another couple sentences but the part about libraries not copying was in the original version of both those posts.)
(You're fine editing; I edited too, just for clarity).
Re: The Internet Archive has lost its appeal in Hachette vs. Internet Archive
#348Earlier quoted context omitted.
It's harder to find them than I expected, but one search with a result is "super mario wonder nsp". I had the advantage of knowing the format(s) Switch game dumps come in, though, so the average person might not find much.
I’m getting a “no results found” response from that search. Maybe it has already been taken down?
https://archive.org/details/super-mario-bros.-wonder-nspe-sh...
Note to dang and friends: Not condoning piracy or whatever, this is simply to prove a point that Internet Archive hosts and distributes warez with wanton abandon.
Re: The Internet Archive has lost its appeal in Hachette vs. Internet Archive
#349Earlier quoted context omitted.
I meant that digitally lending the books out that IA owns 1-to-1 in the same way a real library lends out physical books should legally be treated the same, regardless of any ebook-specific licensing.
As I understand it, as soon as the IA makes the digital copy they want to lend (digitally or physically), they now have two copies of the book and have committed copyright infringement. As soon as they lend a copy, there are now three copies in existence (unless they delete their copy as part of the loan) which is another count of infringement.
Re: The Internet Archive has lost its appeal in Hachette vs. Internet Archive
#350Earlier quoted context omitted.
They don't have to pass the test, but they still fail it. Please look at what I'm actually saying instead of snapping off replies that don't address my point. (And yes I edited in another couple sentences but the part about libraries not copying was in the original version of both those posts.)
They can't "fail" it; the test simply doesn't apply to them. "Fair uses" governs the legitimate creation of unauthorized derived works. Lending a physical book does not create a derived work. (You're fine editing; I edited too, just for clarity).
Let me try making my post a list of bullet points.
* Libraries are allowed because technically it's not copying, and otherwise would be very illegal. Agree or disagree?
* Controlled digital lending is only copying on a technical level, not in the traditional sense where more than one copy can be accessed simultaneously. Agree or disagree?
* If CDL could somehow remove that technicality and do pure digital transfers, it would be fine. Agree or disagree?
* A better version of copyright would ignore that technicality. Agree or disagree?