Hacker News new | past | comments | ask | show | jobs | submit
tptacek | on: #41452497
No fair use test applies to the lending of physical books, which do not create copies and are not governed by the Copyright Act.
Dylan16807 | parent
They don't have to pass the test, but they still fail it.

Please look at what I'm actually saying instead of snapping off replies that don't address my point. (And yes I edited in another couple sentences but the part about libraries not copying was in the original version of both those posts.)

tptacek | root | parent
They can't "fail" it; the test simply doesn't apply to them. "Fair uses" governs the legitimate creation of unauthorized derived works. Lending a physical book does not create a derived work.

(You're fine editing; I edited too, just for clarity).

Dylan16807 | root | parent
You can still apply the elements of the test to them, and they fail every element.

Let me try making my post a list of bullet points.

* Libraries are allowed because technically it's not copying, and otherwise would be very illegal. Agree or disagree?

* Controlled digital lending is only copying on a technical level, not in the traditional sense where more than one copy can be accessed simultaneously. Agree or disagree?

* If CDL could somehow remove that technicality and do pure digital transfers, it would be fine. Agree or disagree?

* A better version of copyright would ignore that technicality. Agree or disagree?

loading story #41452588