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The Internet Archive has lost its appeal in Hachette vs. Internet Archive

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Re: The Internet Archive has lost its appeal in Hachette vs. Internet Archive

#3
>Four major book publishers again thwarted the online repository’s defense that its one-to-one lending practices mirrored those of traditional libraries

How does it not? I don't get it... why are physical libraries in the clear if it's still a 1:1 borrow?

Re: The Internet Archive has lost its appeal in Hachette vs. Internet Archive

#6

>Four major book publishers again thwarted the online repository’s defense that its one-to-one lending practices mirrored those of traditional libraries How does it not? I don't get it... why are physical libraries in the clear if it's still a 1:1 borrow?

Seems like most of this hinges of precedent. The courts have upheld that if you buy a book and loan out an audio recording of that book, it's not protected. Or something like that.

Re: The Internet Archive has lost its appeal in Hachette vs. Internet Archive

#7
https://storage.courtlistener.com/recap/gov.uscourts.ca2.609...

On one hand: the court opinion. On the other, a breaking news tweet from Publisher's Weekly with hundreds of tedious low effort takes ready to melt precious brain cells. Please read the opinion.

Re: The Internet Archive has lost its appeal in Hachette vs. Internet Archive

#8

>Four major book publishers again thwarted the online repository’s defense that its one-to-one lending practices mirrored those of traditional libraries How does it not? I don't get it... why are physical libraries in the clear if it's still a 1:1 borrow?

Traditional libraries lend out the physical copies they bought. For ebooks, they have an agreement with publisher to lend out a certain number of copies.

Owners are allowed to make digital copies for personal and archival use. They aren't allowed to transfer copies. The rights of digital ebook are in the license and most prohibit transfers. The rights of physical book are attached to the book.

Nobody notices or cares when done on personal scale. But publishers care when Internet Archive did it on large scale.

Re: The Internet Archive has lost its appeal in Hachette vs. Internet Archive

#9

>Four major book publishers again thwarted the online repository’s defense that its one-to-one lending practices mirrored those of traditional libraries How does it not? I don't get it... why are physical libraries in the clear if it's still a 1:1 borrow?

Can you imagine, if public libraries weren't already a thing, convincing some Americans to build one in 2024?

Re: The Internet Archive has lost its appeal in Hachette vs. Internet Archive

#10

>Four major book publishers again thwarted the online repository’s defense that its one-to-one lending practices mirrored those of traditional libraries How does it not? I don't get it... why are physical libraries in the clear if it's still a 1:1 borrow?

Traditional libraries lend out the physical copies they bought. For ebooks, they have an agreement with publisher to lend out a certain number of copies. Owners are allowed to make digital copies for personal and archival use. They aren't allowed to transfer copies. The rights of digital ebook are in the license and most prohibit transfers. The rights of physical book are attached to the book. Nobody notices or cares…

As far as I know, IA owns the physical books they scanned, so why shouldn't they be allowed to lend them out 1-to-1 digitally the same as a physical library?
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