ICYMI: Publishers won a significant judgment against the Internet Archive in a big copyright court battle
"The crux of IA’s first factor argument is that an organization has the right under fair use to make whatever copies of its print books are necessary to facilitate digital lending of that book, so long as only one patron at a time can borrow the book for each copy that has been bought and paid for," Koeltl opined.
"But there is no such right, which risks eviscerating the rights of authors and publishers to profit from the creation and dissemination of derivatives of their protected works. IA’s wholesale copying and unauthorized lending of digital copies of the Publishers’ print books does not transform the use of the books, and IA profits from exploiting the copyrighted material without paying the customary price.
"This decision impacts libraries across the US who rely on controlled digital lending to connect their patrons with books online," the organization said."It hurts authors by saying that unfair licensing models are the only way their books can be read online. And it holds back access to information in the digital age, harming all readers, everywhere."
Internet Archive founder Brewster Kahle argues that libraries must be allowed to thrive in the digital age. But public libraries, typically starved of funds, may not be able to fully participate in the digital era if they are obligated to purchase electronic versions of physical books they've already purchased.The Register"They have to hope the appeals court sees things differently," he said,"This forecloses the possibility of fair use for what they are attempting to do.
The publishers have identified 127 infringed works that they own and those alone could cost the Internet Archive more than half its
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