this post was submitted on 21 Jun 2024
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I'd be all for altering definitions in a way that enables them to do stuff like the controlled lending system (also just digitizing shit generally).
But I think the law is pretty clear, and a precedent calling their use case fair use would be mind blowing. You need new, much more common sense IP legislation that redefines consumer rights in a digital world.
I kind of suspect this was an attempt on the IA's end to get parts of copyright struck down by court ruling. Laws can be clear and still found to not be in the public's interest, or in violation of some other legal doctrine, and sometimes you'll see groups come at them sideways.
Ownership laws are really tough ones to chip away at, and IP law in particular has been getting worse and more unassailable over time.
Probably, but I think that every month that CDL went unchallenged was slowly building a precedent. I wonder if they had stuck to CDL if we'd still be waiting for the publishers to blink.