In an open letter to publishers, more than 30,000 readers, researchers, and authors begged for access to the books to be restored in the open library, claiming the takedowns dealt “a serious blow to lower-income families, people with disabilities, rural communities, and LGBTQ+ people, among many others,” who may not have access to a local library or feel “safe accessing the information they need in public.”
During a press briefing following arguments in court Friday, IA founder Brewster Kahle said that “those voices weren’t being heard.” Judges appeared primarily focused on understanding how IA’s digital lending potentially hurts publishers’ profits in the ebook licensing market, rather than on how publishers’ costly ebook licensing potentially harms readers.
The encryption is literally entirely irrelevant.
The argument that a copy in your browser is legally defensible is the equivalent of claiming that sites can legally stream movies to you. It is a copy, both legally and in reality.
I can see where you are going with this. But there is NOT a copy in my browser. Only a representation of a fraction of the whole book at any given time. I cannot make a copy.
When I am viewing the section of the book, the rest of the book is “checked out”. No one else can look at it. Is this not how a library works? I check out an item, then I take it back? Are they not making the steps to make sure I can check it out, read it, and then I have to give it back?
Since libraries are allowed to loan from their collection, what makes digital any different? In the case of video, if the library wanted to check out a video and stream it to me, I see no difference than me checking it out myself. In fact libraries are granted the right to show videos to me and small groups, so why can’t I be farther away than in their building?
The current move of libraries to streaming services is exactly because of this. Now the library has a license, and cannot share the stream without the license. This is a move to remove physical items so that the possibility of streaming from a physical item is moot.