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A comment on My thoughts in response to the lawsuit against the Internet Archive. Parent comment

Re:My thoughts in response to the lawsuit against the Intern... by chongli on Friday July 24, 2020 @05:34AM (#23937491)
No, the plaintiffs have to show that the IA acted in bad faith. They may be able to show that IA’s actions do not constitute fair use, but to obtain a statutory damage award they need to go much further since the law presumes librarians, teachers, and so on are acting in good faith when they carry out their duties.
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Re:My thoughts in response to the lawsuit against the Intern... by nordsieck on Friday July 24, 2020 @05:50AM (#23937584)
> No, the plaintiffs have to show that the IA acted in bad faith.

"Bad faith" has a specific legal meaning that does not apply here.

In order to obtain statutory damages, they need to show that IA did not have reasonable grounds to believe that unlimited digital lending is fair use.

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