EFF and heavyweight legal team will defend Internet Archive against publishers

Re:EFF and heavyweight legal team will defend Internet Archi... by TheHeretic12 on Tuesday June 30, 2020 @12:35PM (#23691853)

I recognize some of the names here. This will be a case to watch, which ever way it goes the constructions allowed here will percolate through the law for years to come. This case hinges on the exact wording of the law that authorizes the National Emergency Library. IIRC, it basically gives copyright impunity during a declared national emergency. As far as I am aware, the coronavirus declared national emergency is still in effect. IA loses by attrition, is my guess. Many rounds of "Preliminary" injunctions and orders will stop thier income streams, then they die.

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Re:EFF and heavyweight legal team will defend Internet Archi... by Vespasian on Tuesday June 30, 2020 @12:44PM (#23691958)

What law does explicitly allow the NEL?

If I recall correctly, the Internet Archive decided unilaterally that they would do this due to many libraries being closed.

I (not in the US) do not remember any changes to the copyright act being passed to allow this.

Edit to add: They offered this globally and therefore disregarded any laws in countries which have already settled this issue. (Hint: to my knowledge not in a way that favors their interpretation)

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Re:EFF and heavyweight legal team will defend Internet Archi... by nordsieck on Tuesday June 30, 2020 @12:49PM (#23692007)

> What law does explicitly allow the NEL?

> If I recall correctly, the Internet Archive decided unilaterally that they would do this due to many libraries being closed.

Exactly.

It's not even clear that "controlled digital lending" is in compliance with copyright law[1].

The NEL or "uncontrolled digital lending" is almost certainly not in compliance with the copyright statutes.

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1. It's not specifically allowed, and there hasn't been any case law on it. To see arguments for controlled digital lending, go here: https://controlleddigitallending.org/whitepaper

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Re:EFF and heavyweight legal team will defend Internet Archi... by jjcon on Tuesday June 30, 2020 @12:49PM (#23692004)

There is no law permitting this - IA main legal argument it:

> Our principal legal argument for controlled digital lending is that fair use— an “equitable rule of reason”—permits libraries to do online what they have always done with physical collections under the first sale doctrine: lend books

http://blog.archive.org/2020/03/30/internet-archive-responds...

They are saying digital is equivalent to physical which is the same exact argument vidangel tried and lost a year or two ago

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Re:EFF and heavyweight legal team will defend Internet Archi... by zucker42 on Wednesday July 01, 2020 @05:05AM (#23699429)

Which law specifically bans the NEL? The IA seems to be arguing copyright law doesn't because it's covered under fair use.

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Re:EFF and heavyweight legal team will defend Internet Archi... by WaltPurvis on Tuesday June 30, 2020 @02:55PM (#23693472)

> This case hinges on the exact wording of the law that authorizes the National Emergency Library. IIRC, it basically gives copyright impunity during a declared national emergency.

There is no such law. What on earth are you talking about?

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Re:EFF and heavyweight legal team will defend Internet Archi... by tgsovlerkhgsel on Tuesday June 30, 2020 @11:49PM (#23697567)

Isn't the income stream mostly donations, and is getting publicity from being targeted by unpopular entities a great way to get more donations?

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