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See the relevant bit of the law here: https://www.law.cornell.edu/uscode/text/17/108

Of particular relevance is subsection (g) which explicitly states distributing the one copy permitted under this law multiple times simultaneously is illegal.




The section I quoted from the article (which is a direct quotes from the ruling) makes it sound like it's illegal regardless of the number of simultaneous copies being distributed, while your link explicitly states that 1:1 is legal.

So I'm a bit confused.


My understanding is that the original Internet Archive library worked under the 1:1 lending theory. Then, during COVID, they decided to open up what they called the "National Emergency Library", offering unlimited copies of the books, which is why the lawsuit happened.


Roughly correct, but: the main issue turned out to be whether even the 1:1 lending was legal. That's what the initial ruling clearly denied IA, and contesting that is the focus of the IA's appeal. (The appeal also asks, in a small aside section 'II', that if the general idea of 1:1 controlled digital lending judged acceptable, that the ruling with regard to the temporary "National Emergency Library" expansion also be reevaluated in that light.)


That was my understand as well. Which is why the Cornell link from above is confusing since it seems to explicitly allow for 1:1 copies.


Some of the language in the Cornell page implies to me it's specific to "preservation" copies, not necessarily other format-shifts for lending.

But the interactions of tradition, legal precedents, and different laws in different places are complicated, and subject to interpretation & various shifting balances-of-considerations!

That's why it's silly when armchair opinionators casually judge, "IA clearly did something wrong". There's a lot of room in the law for fair-use copying, even against the rightsholders' strongest wishes, and especially for librarylike activities.


Well, hold on. They are allowed to make one copy. Then g specifically says they are allowed to distribute one copy. Doesn't say it always has to be the same copy. It is in fact their one copy.


Here's the relevant bit of subsection (g):

>(1)is aware or has substantial reason to believe that it is engaging in the related or concerted reproduction or distribution of multiple copies or phonorecords of the same material, whether made on one occasion or over a period of time,

TL;DR: If you make more than one copy of a physical copy you have rights to and/or distribute that copy or copies multiple times simultanenously, the protections granted by this law do not apply.

This law only protects public libraries if they make one and only one copy and distribute (lend) that copy out once at a time on separate occasions.

There are clauses in this law permitting up to three copies in other circumstances, but those are not immediately relevant for this conversation.




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