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But there's a very clear distinction in the law. Libraries are covered under first sale doctrine. You can do effectively what you want with a physical object that contains copyrighted material placed there by the owner.
Digital anything is not covered by the first sale doctrine. Every individual loan is a copy. Every time a "copy" moves between devices is a copy. There is no legal framework for ownership of anything digital. It's always a license, no matter what permissions that license grants you.
You have to pass new laws to match the digital world. Under the current laws, it's extremely clear that lending unauthorized digital copies of a physical book is copyright infringement. Wholesale copies of a work aren't even in the neighborhood of fair use, especially when you're distributing a bunch of them. DRMing those copies is completely irrelevant legally.
I understand your point. But the archive isn't giving you a copy. It will display 2 pages on your screen, using encryption, for up to 2 hours. You can turn pages and see a different 2 pages displayed, but that's it.
Is this a significant distinction from a copy, I don't know. But it does seem different as I cannot take that copy, I can only observe content and even then in a limited way.
The Internet Archive had a system in place specifically to ensure that they had a legal license for each copy of the book loaded out digitally at any given time. This essentially made it a library.
During the lockdown, they intentionally stopped using this system and loaned out unlimited copies. They didn't just violate copyright in accident, they willfully and intentionally disabled their own systems designed to preserve copyright.
I think the publishers suck too, but the Internet Archive humped the bunk on this one.
Yeah, I realize that. They waaaaay overstepped their rights on that one. But they are back to the original method.
They waited until they were sued to stop.
If you get caught speeding, the judge doesn't throw out the ticket because you slowed down as the cop pulled you over.
They really brought attention to themselves. But if I understand it the current discussion is about if all books need to be removed, or can they have controlled lending.
Correct, the entire concept of physically backed digital lending is being threatened, and many physical libraries contracted with IA to digitize their books and then facilitate digitally lending their physical copies to their patrons