"IA maintains that it delivers each Work “only to one already entitled to view [it]”―i.e., the one person who would be entitled to check out the physical copy of each Work. But this characterization confuses IA’s practices with traditional library lending of print books. IA does not perform the traditional functions of a library; it prepares derivatives of Publishers’ Works and delivers those derivatives to its users in full. That Section 108 allows libraries to make a small number of copies for preservation and replacement purposes does not mean that IA can prepare and distribute derivative works en masse and assert that it is simply performing the traditional functions of a library. 17 U.S.C. § 108; see also, e.g., ReDigi, 910 F.3d at 658 (“We are not free to disregard the terms of the statute merely because the entity performing an unauthorized reproduction makes efforts to nullify its consequences by the counterbalancing destruction of the preexisting phonorecords.”)."
This is really an issue that has to be fixed legislatively rather than in the courts.
Which seems like a nitpicky distinction to me when it's the same words on the same page and they're not shown to anyone else at the same time... but such is a judge's job as opposed to a legislator
Also, as far as I know that isn’t what physical libraries do. They buy licenses to share e-books. And don’t physically scan anything.
> To entrench its position, the CJEU first mentioned that dematerialized digital copies, unlike books on a material medium, do not deteriorate with use and are perfect substitutes for new copies.
> Furthermore, the CJEU added to its reasoning that exchanging such copies requires neither additional effort nor additional cost. A parallel second-hand market would likely affect the interest of the copyright holder – contrary to the objective of the directive and the intention of the EU legislator.
1 : https://www.lexology.com/library/detail.aspx?g=77bb2501-995c...
Owning object is different that copyright. Copyright owner is only one that can license making copies. Owning a book gives no rights to make copies, with the exception of making personal copies.
I'm about 95% sure a scheme like that would still find them shut down. Remember the Aereo decision? They went through similar contortions, including building an antenna farm with thousands of tiny individual antennas, and were immediately killed off by the courts because it was seen as a legal hack. Such a scheme might threaten cable TV income if it were allowed to stand. Protecting incumbents from competition is a vital role of the courts.
Indeed. Someone else in this thread mentioned [1] as doing exactly that.
> Protecting incumbents from competition is a vital role of the courts.
What's even more confusing is that the judges involved aren't paid off or anything, they really believe themselves. Not sure what that means: Money buys charisma; the status quo is 'the best we got'; or some other bias-carrying platitude.
[1] 17 U.S.C. § 108; see also, e.g., ReDigi, 910 F.3d at 658
This is why local libraries are getting bled by their e-book subscriptions. They end up paying through the nose for people to check out e-books.