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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Replying to @AnaMardoll @arthur_affect
Some of them remind me of the guys who think a painting of a McDonald's as a church is 'deep'. And I'm worried that the open library hubris is going to tank the wayback machine.
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They've done a lot of good work and have some great partnerships, but copyright is such a complicated mess for all libraries you just have to err on the side of caution.
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It feels like users viewed the archive as a way to preserve online history from websites closing and changing. While the administration viewed it as a grand information revolution that could make up the rules as they went with no consequences or collateral damage.
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Brewster Kahle is absolutely completely steeped in the "move fast break stuff" disruption mindset and he is probably going to do severe damage to his own cause this way and get his fans to blame Chuck Wendig
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Replying to @arthur_affect @Chastance and
And it's not like doing CDL as a "Wayback Machine for books" focusing on obscure or out-of-print titles was a bad idea If they'd hand-curated their collection to really be titles that you couldn't legitimately get any other way, this would have been much easier to defend
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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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Replying to @arthur_affect @Chastance and
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.
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