Internet Archive's digital library has been found in breach of copyright. The decision has some important implications
The legal ruling against the Internet Archive has come down in favour of the rights of authors.
Internet Archive's digital library has been found in breach of copyright. The decision has some important implications
The legal ruling against the Internet Archive has come down in favour of the rights of authors.
Listen, I love libraries as much as the next person. We have very clear laws that protect libraries.
Is copyright a little fucked and a little too slanted towards those rights holders? Yes.
Did anyone really think it was OK to start adding books and movies in? And provide those for free to everyone simultaneously? Libraries don’t do that.
Libraries can do that. Okay, technically, it’s illegal, but under the doctrine of sovereign immunity, since libraries are run by political subdivisions of US states, they can’t be sued with the state’s permission which means that a state government can literally not allow the library to be sued for copyright infringement and then they’d get away with it.
The trade-off is that this probably permanently burns all bridges between the library and publishers, who would likely not want to deal with the library any more.
It’s not even technically illegal. Libraries, like you and me, are allowed to lend physical books, music CDs, and DVDs to whomever they want.
Some libraries also lend e-books, but they had to obtain permission to do so from the copyright holder, just as Netflix had to obtain permission in order to stream media.