Internet archive digitized actual books and lent out copies (which was already 100% not legal under current law), then thought it was a good idea to just say “fuck it” and remove the thin veil of legitimacy that kept publishers from caring too much by removing the “one copy at a time per book” policy and daring the publishers to do something about it.
They removed the one copy rule temporarily, during the pandemic, it’s now in place again. But the publishers have made any digitized lending illegal, not just more than one copy, any digitized lending. It is now illegal for them to scan and distribute even one single copy of any book.
It was never a problem with the single-copy restriction, and the publishers didn’t bring up that restriction at all as the purpose of the suit, instead attacking the entirety of scanning & lending, even using Controlled Digital Lending (CDL) systems, like the Internet Archive, and other libraries use.
Even regardless of that, the First-sale Doctrine enables all existing secondary markets for copyrighted material. It’s how you can lend a book to a friend, sell a used book after you’re finished it, or swap copies of a video game on disk with somebody.
The Internet Archive is included in this. Changing the method of distribution (lending a digital copy vs a physical copy) has no functional distinction, and the publishers in the lawsuit were not able to demonstrate material harm, instead just stating that it wasn’t “fair use,” and should thus be illegal, regardless of the fact that they weren’t harmed by the supposedly non-fair use.
And on top of that, fuck the law if it’s unjust. I don’t care if it’s supposedly (even if not true) “100% not legal under current law” to do, it should be, and this ruling is unjust.
The law was abundantly clear. You cannot distribute wholesale copies of someone else’s work. Publishers didn’t bother because the scale was small and they didn’t want to take the PR hit for a scale that didn’t matter.
The first sale doctrine, necessarily, can only possibly apply to a physical object. There is no such thing as a “single copy” of a digital object. Every time that “single copy” moves is a new copy. There is no legal framework in the US that even acknowledges the premise of a digital copy. It’s always a license.
You need new laws to apply to the digital world. There is absolutely zero room for ambiguity that what the Internet archive did never in any way was protected. This ruling was a literal guarantee the minute the Internet Archive removed their (unambiguously not in any way legal) pretense of a “single copy”. There isn’t a court in the country that would even consider ruling any other way, because the law is well beyond clear. This ruling happened because the Internet Archive forced it to happen. If they had left open mass scale piracy to pirate sites they would have been fine.
If their lawyers advised them that there was even a possibility that this argument could work, they should be disbarred. They would be better off spending their money on lobbying for better laws than pursuing a case less likely than winning the power ball jackpot 5 draws in a row.
I think Title 17, Chapter 108 of the U.S. Code would beg to differ.
Digitized lending was always allowed, especially for libraries and archives. The only ambiguous part was the number of copies allowed to be digitized of any individual work, (many of the books the Internet Archive digitized only had one copy digitized and lent at any given time) so most of what the Internet Archive engaged in was fully legal under this code, and only a fraction of the 500 million titles that are now illegal to lend would have been affected, even though all 500 million can now not be legally lent due to this ruling.
You need new laws to apply to the digital world.
True, we can agree on that. We need new laws. Until that point, no change will happen if the boundaries are not pushed.
I guarantee you there hasn’t been anywhere near the current level of momentum for the rights of libraries to lend digitized books any time prior to this court case. If the Internet Archive hadn’t done it in the first place, we would be in the same situation we’re in after this ruling.
Them doing so pushes the issue forward.
This ruling was a literal guarantee the minute the Internet Archive removed their (unambiguously not in any way legal) pretense of a “single copy”
As I’ll say again, this was not the premise under which the publishers won this case. They won the case under the premise that any digitized lending was not transformative, and thus not “fair use,” even though it’s legal under other statutes. The number of copies held no bearing on the ruling.
Other libraries have licenses. And follow them.
Internet archive digitized actual books and lent out copies (which was already 100% not legal under current law), then thought it was a good idea to just say “fuck it” and remove the thin veil of legitimacy that kept publishers from caring too much by removing the “one copy at a time per book” policy and daring the publishers to do something about it.
They removed the one copy rule temporarily, during the pandemic, it’s now in place again. But the publishers have made any digitized lending illegal, not just more than one copy, any digitized lending. It is now illegal for them to scan and distribute even one single copy of any book.
It was never a problem with the single-copy restriction, and the publishers didn’t bring up that restriction at all as the purpose of the suit, instead attacking the entirety of scanning & lending, even using Controlled Digital Lending (CDL) systems, like the Internet Archive, and other libraries use.
Even regardless of that, the First-sale Doctrine enables all existing secondary markets for copyrighted material. It’s how you can lend a book to a friend, sell a used book after you’re finished it, or swap copies of a video game on disk with somebody.
The Internet Archive is included in this. Changing the method of distribution (lending a digital copy vs a physical copy) has no functional distinction, and the publishers in the lawsuit were not able to demonstrate material harm, instead just stating that it wasn’t “fair use,” and should thus be illegal, regardless of the fact that they weren’t harmed by the supposedly non-fair use.
And on top of that, fuck the law if it’s unjust. I don’t care if it’s supposedly (even if not true) “100% not legal under current law” to do, it should be, and this ruling is unjust.
Any digitized lending was always illegal.
The law was abundantly clear. You cannot distribute wholesale copies of someone else’s work. Publishers didn’t bother because the scale was small and they didn’t want to take the PR hit for a scale that didn’t matter.
The first sale doctrine, necessarily, can only possibly apply to a physical object. There is no such thing as a “single copy” of a digital object. Every time that “single copy” moves is a new copy. There is no legal framework in the US that even acknowledges the premise of a digital copy. It’s always a license.
You need new laws to apply to the digital world. There is absolutely zero room for ambiguity that what the Internet archive did never in any way was protected. This ruling was a literal guarantee the minute the Internet Archive removed their (unambiguously not in any way legal) pretense of a “single copy”. There isn’t a court in the country that would even consider ruling any other way, because the law is well beyond clear. This ruling happened because the Internet Archive forced it to happen. If they had left open mass scale piracy to pirate sites they would have been fine.
If their lawyers advised them that there was even a possibility that this argument could work, they should be disbarred. They would be better off spending their money on lobbying for better laws than pursuing a case less likely than winning the power ball jackpot 5 draws in a row.
I think Title 17, Chapter 108 of the U.S. Code would beg to differ. Digitized lending was always allowed, especially for libraries and archives. The only ambiguous part was the number of copies allowed to be digitized of any individual work, (many of the books the Internet Archive digitized only had one copy digitized and lent at any given time) so most of what the Internet Archive engaged in was fully legal under this code, and only a fraction of the 500 million titles that are now illegal to lend would have been affected, even though all 500 million can now not be legally lent due to this ruling.
True, we can agree on that. We need new laws. Until that point, no change will happen if the boundaries are not pushed.
I guarantee you there hasn’t been anywhere near the current level of momentum for the rights of libraries to lend digitized books any time prior to this court case. If the Internet Archive hadn’t done it in the first place, we would be in the same situation we’re in after this ruling.
Them doing so pushes the issue forward.
As I’ll say again, this was not the premise under which the publishers won this case. They won the case under the premise that any digitized lending was not transformative, and thus not “fair use,” even though it’s legal under other statutes. The number of copies held no bearing on the ruling.