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A comment on EFF and heavyweight legal team will defend Internet Archive against publishers. Parent comment

Re:EFF and heavyweight legal team will defend Internet Archi... by tzs on Tuesday June 30, 2020 @01:06PM (#23692227)
I may be misunderstanding this case, but the impression I get is that they are not defending the unlimited lending that IA did as part of their "National Emergency Library" (NEL). They are just defending the earlier "Controlled Digital Lending" (CDL) program where the number of copies lent out at any one time was limited to the number of physical copies in the physical libraries [1].

The lawsuit is going after both NEL and CDL. The defense is trying to save CDL.

I don't think VidAngel is necessarily relevant here because VidAngel was making derivative works.

[1] If someone checked out a physical copy, did they reduce the number of digital copies that could be out until the physical copy was returned?

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Re:EFF and heavyweight legal team will defend Internet Archi... by gpm on Tuesday June 30, 2020 @01:11PM (#23692293)
> I don't think VidAngel is necessarily relevant here because VidAngel was making derivative works.

And also because they were circumventing DRM, which is what the Wikipedia article would have you believe the case was about (I haven't looked closer than that).

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Re:EFF and heavyweight legal team will defend Internet Archi... by jjcon on Tuesday June 30, 2020 @01:13PM (#23692321)
> If someone checked out a physical copy, did they reduce the number of digital copies that could be out until the physical copy was returned?

In the case of VidAngel yes - you would buy a copy from VidAngel, stream it, then return it for the same amount sans a dollar fee. Vidangel would often run out of copies of popular shows to stream and they would alert you when that was the case and not let you stream it.

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Re:EFF and heavyweight legal team will defend Internet Archi... by WaltPurvis on Tuesday June 30, 2020 @02:49PM (#23693399)
That's the way I understand it as well. It may be worthwhile defending CDL (I don't know enough to have an informed opinion), but the NEL is indefensible, and it doesn't appear the EFF intends to defend it.
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