• Flying Squid@lemmy.world
    link
    fedilink
    English
    arrow-up
    23
    arrow-down
    7
    ·
    13 days ago

    Basically what you’re saying is big corporations found an opportunity and took it.

    But the lawsuit was about CDL as a whole, not what happened in 2020.

    Also, why you’re trusting Wikipedia over the EFF is beyond me.

    • FaceDeer@fedia.io
      link
      fedilink
      arrow-up
      7
      arrow-down
      19
      ·
      13 days ago

      Yes, the lawsuit is about CDL as a whole. They could have sued IA years earlier. They could be suing libraries all over the place for using CDL. But they didn’t, because the people using CDL were doing so in order to placate the publishers. It was an unspoken truce.

      You can see a similar dynamic going on with fanfiction. A site like fanfiction.net is a gigantic pile of copyright violations, and yet you don’t see it beset with lawsuits. That’s because fanfiction.net isn’t doing anything that would harm the income of the copyright holders or otherwise “poke the bear.” You occasionally hear about fan projects getting shut down when they go “too far”, however. Like what IA did in the case of the National Emergency Library.

      Wikipedia has neutral point of view and verifiability policies. Everything written in their articles should be backed by external sources and if there are multiple sides to a story they should all be fairly represented. The EFF, on the other hand, is taking the IA’s side in this and is motivated to make them sound better and the publishers to sound worse.

      The Wikipedia article has 32 external sources cited for its contents. The EFF article has only two internal links, one of them leading to their lawyers’ homepage and one linking to the motion that the EFF filed.

      • Flying Squid@lemmy.world
        link
        fedilink
        English
        arrow-up
        15
        arrow-down
        6
        ·
        13 days ago

        They sued the Internet Archive for doing the exact same thing libraries do, and only with books that are not in print. Much like why you trust Wikipedia over the EFF, why you think that’s something worth defending I don’t know.

            • Ullallulloo@civilloquy.com
              link
              fedilink
              English
              arrow-up
              2
              arrow-down
              1
              ·
              13 days ago

              Libraries buy licenses to do so from the publishers, but that’s unrelated to what I said.

              I’m saying the judge found that IA violated its own CDL, so even if its interpretation of the law was correct, the IA would still be liable.

        • FaceDeer@fedia.io
          link
          fedilink
          arrow-up
          5
          arrow-down
          11
          ·
          13 days ago

          So why aren’t they suing libraries for doing those “exact same things?” Why target the IA specifically, and not other libraries?

          Could it be that the IA did not in fact do the “exact same thing” as libraries?

          why you think that’s something worth defending I don’t know.

          I am not “defending” the publishers. They are the villains here. I think current copyright laws are insanely overreaching and have long ago lost the plot of what they were originally intended for.

          This is like a horror movie where there’s a slasher hiding in the house and the dumb protagonists say “let’s split up to find him more quickly”, and I’m shouting at the idiot who’s going down into the dark basement alone. The slasher is the publishing companies and the idiot going down the stairs is the IA. It’s entirely justified to shout at them for being an idiot and recommend that they just run away, without being accused of “defending” the slasher.

          • Flying Squid@lemmy.world
            link
            fedilink
            English
            arrow-up
            12
            arrow-down
            3
            ·
            13 days ago

            So why aren’t they suing libraries for doing those “exact same things?”

            Because publishers suing every public library in America would take a lot of time since it would involve every separate library system and also wouldn’t exactly look good from a PR perspective.

            You really don’t have a good eye for the obvious.

            • FaceDeer@fedia.io
              link
              fedilink
              arrow-up
              4
              arrow-down
              11
              ·
              13 days ago

              Exactly, it’d be bad PR. I’ve argued this before in other threads, the publishers don’t want to destroy IA. They just want IA to not flagrantly interfere with their business. They only sued IA when IA poked them too hard for them to ignore.

              You may note that the settlement agreement they reached with IA lets IA continue to host books that the publishers haven’t released as ebooks themselves, for example. Even now they’re not being as harsh as they could be.

              • Flying Squid@lemmy.world
                link
                fedilink
                English
                arrow-up
                12
                arrow-down
                4
                ·
                13 days ago

                As the husband of a librarian who is now a library administrator, you cannot be more wrong. If publishing companies had a way of shutting down all the public libraries in America or charge everyone a per-lending fee, they would absolutely do that. They hate public libraries. They are as hostile to them as they can be without getting lawyers involved.

                • FaceDeer@fedia.io
                  link
                  fedilink
                  arrow-up
                  5
                  arrow-down
                  11
                  ·
                  13 days ago

                  So why aren’t they? If libraries are doing exactly what IA is doing, why not sue them too? The judge issued a summary judgement in their favor so it’s pretty open-and-shut, isn’t it?

                  It’s because the libraries know where the line is and they’re careful not to cross it. IA jumped merrily across the line and shouted about it from the rooftops.