"Controlled digital lending" was always a very, very shaky legal concept that the Internet Archive pretty much made up on their own in their boundless self-confidence
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And the "emergency library" lifting their self-imposed restriction on extant copies - the ONE BIG THING their WHOLE ARGUMENT that CDL is fair use relies on - was throwing the gauntlet right in their faces
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It was basically "Do you have the guts to sue over this or do you concede that we have the power to write new copyright law on the fly"
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the dumbest thing is, this is basically the direct result of the archive's own legal boundary-pushing. nobody bothered with them when they had a dubiously-legal lending program--it was when they went full-on copyright pirate "information wants to be free!" that pubs responded
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it's all an entirely predictable outcome. *of course* publishers are going to sue you and you are going to lose if you try that. we've seen it happen to like a dozen other file-sharing sites! this isn't a shock!
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The Internet Archive is really useful, but they've been skirting this issue for ages. They scraped some work I did two years age with a friend and no longer want to distribute and don't respond to DMCA requests unless you hire a lawyer.
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And a few years ago, the system they put in place that stops them archiving your site broke and still doesn't work so they archive stuff even if you explicitly ask them not to... and don't respond unless you hire a lawyer.
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Also, "it's temporary" isn't a defense when someone can likely scrape the whole thing in a matter of hours and permanently stash it on a torrent
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And comments to that post are already asking how they scrape it and post it all on pirate sites. Cuz "libraries", ya know?
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