"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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But they were like screw the optics, full speed ahead A hand-curated collection does not, as they say, scale rapidly The play was to just invent this new universal rule for how digital lending should work and push it hard until it became the new normal
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CDL also was defensible as basically doing with digital what has long been allowed with physical copies of something. But something that's never been kosher with physical media is xeroxing a couple hundred copies of a book and distributing them to whoever.
End of conversation
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