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The Internet Archive might reach a deal with the publishers to remove THEIR books from the lending library (www.reuters.com)

submitted 2 years ago by [email protected] to c/[email protected]

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cross-posted from: https://lemmy.world/post/3125897

From: https://storage.courtlistener.com/recap/gov.uscourts.nysd.537900/gov.uscourts.nysd.537900.214.1.pdf

‘“Covered Book” shall mean any in-copyright book or portion thereof, whether in existence as of the date hereof or later created, in which any Plaintiff (or any subsidiary or corporate affiliate of a Plaintiff) (a) owns or controls an exclusive right under the Copyright Act …’

‘the “Internet Archive Parties” … are permanently enjoined and restrained from engaging in any of the following acts in, from or to the United States … the distribution to the public, public display, and/or public performance, of Covered Books in, from or to the United States in Case 1:20-cv-04160-JGK-OTW Document 214-1 Filed 08/11/23 Page 3 of 6 any digital or electronic form, including without limitation on the Internet Archive website (collectively “Unauthorized Distribution”)’

So while backing up the entire lending library might have been a challenge, perhaps the books of just the plaintiff publishers can be backed up?

Some tools:

https://gitea.com/bipinkrish/DeGourou

https://github.com/MiniGlome/Archive.org-Downloader

Might also be an opportunity to punish the publishers by distributing their copyrighted works and hurting their pocket (though it seems they're still yet to prove that piracy actually hurts profits!)

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[–] [email protected] 2 points 2 years ago

This is the best summary I could come up with:

Aug 11 (Reuters) - The Internet Archive and a group of leading book publishers told a Manhattan federal court on Friday that they have resolved aspects of their legal battle over the Archive's digital lending of their scanned books.

If accepted, the consent judgment would settle questions over potential money damages in the case and the scope of a ban on the Archive's lending and would clear the way for the Archive to appeal U.S. District Judge John Koeltl's decision that it infringed the publishers' copyrights.

The proposed order would require the Archive to pay Lagardere SCA's (LAGA.PA) Hachette Book Group, News Corp's (NWSA.O) HarperCollins Publishers, John Wiley & Sons (WLY.N) and Bertelsmann SE & Co's (BTGGg.F) Penguin Random House an undisclosed amount of money if it loses its appeal.

The order would also permanently block the Archive from lending out copies of the publishers' books without permission, pending the result of the appeal.

The Internet Archive said in a blog post that the fight was "far from over," and founder Brewster Kahle said in a statement that "we must have strong libraries, which is why we are appealing this decision."

The publishers sued in 2020 over the Archive's free lending of scanned copies of their print books, which began after libraries closed during the COVID-19 pandemic.

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