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Re:Internet Archive loses appeal over eBook lending by protocolture on Thursday September 05, 2024 @03:01AM (#41454259)
>Made them available as a substitute for publisher-provided ebooks.

Is this true? A substitute is like for like. The IA lending provided them as a lend on the proviso that a physically purchased book is available and unused.

Its like saying that a Bookstore is competing with a Library. However the Library can only satisfy a small amount of Bookstore demand, and does so as a public good. They arent the same and the lending is downstream of a sale.

I guess you could make the argument that ebooks also have crippling anti consumer licenses so both are similar. But that just leads back to "The law should be different"

Re:Internet Archive loses appeal over eBook lending by tptacek on Thursday September 05, 2024 @12:11PM (#41457983)
Publisher ebooks don't have to satisfy any tests. The publishers own the copyright on the work. They can generally be as anti-consumerist as they like. That's the law.