Not With a Bang but a Whimper, Internet Archive Lawsuit Comes to an End: Self-Publishing News with Dan Holloway https://selfpublishingadvice.org/internet-archive-lawsuit/ #controlleddigitallending #HachettevInternetLibrary #internetarchivelawsuit #OpenLibrary #News
#ControlledDigitalLending
Boston Library Consortium Publishes "ReShare CDL: Software & Workflows for Consortial #CDL For #ILL" Report https://www.infodocket.com/2024/10/07/controlled-digital-lending-boston-library-consortium-publishes-reshare-cdl-software-workflows-for-consortial-cdl-for-ill-report/ #libraries #ControlledDigitalLending
After a great week in Berlin for IFA–with most of my travel expenses covered by the organizers of that tech trade show as part of their usual accommodation for a group of invited U.S. journalists and analysts–I’ve got Monday at home before I fly to Chicago Tuesday to moderate a panel discussion at the robotics firm Vention’s Demo Day. Then Wednesday I fly from there to Orlando to cover the early-Thursday-morning launch of AST SpaceMobile’s first set of BlueBird phone-broadband satellites. I realize that this scheduling may look a little crazy, but I could not pass up a chance to see a Falcon 9 liftoff from six miles away.
9/3/2024: How Aurora is finding its own lane on the road to autonomous trucking, Fast Company
This story had a long editorial on-ramp–I made my day trip to Dallas to visit Aurora at the end of July, then needed another week to talk to a couple of industry analysts, then was out of town for Black Hat and some quasi-vacation time, then had to set the story aside for work on a Fast Co. project with a more defined deadline, then finally filed the piece in late August. And then we had to correct a detail in the story after publication when Aurora clarified to me that their scenario of an autonomous truck running from Long Beach to Dallas would require a refueling stop.
9/3/2024: ‘Lunar Lake’ Leaves the Launch Pad: Intel Unveils Core Ultra 2 Laptop Chips at IFA, PCMag
PCMag asked if I could fly out to Berlin a day early to cover Intel’s event unveiling this new line of laptop processors, and I was happy to oblige–even if describing the finer points of CPU architectures represented a stretch from my usual coverage.
9/3/2024: Google Drops 5 New Android Features As It Ships Android 15 Source Code, PCMag
I wrote this in advance off an embargoed copies of Google’s blog posts and filed it last weekend to a) avoid having this hanging over my head during IFA, and b) stick the work on my August invoice.
9/5/2024: Court to Internet Archive: You Can’t Turn Printed Books Into Online E-Book Loans, PCMag
Having a morning with no must-attend IFA events booked left me time to digest this court ruling shutting down the Internet Archive’s “Controlled Digital Lending” project and have an explainer filed by the time my editor in New York was logging on.
9/7/2024: Boeing’s Starliner Touches Down Unscathed But Uncrewed, PCMag
Time zones worked in my favor again when Starliner landed in New Mexico just after 6 a.m. Central European time, allowing me to have a writeup done before I headed downstairs for breakfast.
9/7/2024: Cordless Blender? ‘Ki’ Standard Aims to Unplug Small Kitchen Gadgets, PCMag
After getting an in-person pitch for this cordless-power standard, I’m more convinced that it has a future as an extra feature on future induction cooktops than as something embedded below countertops.
9/8/2024: Beyond AirTags: 3 Unique Accessories You Can Track With Apple’s ‘Find My’ Network, PCMag
I started writing this roundup late Saturday afternoon, then finished it Saturday night after dinner–which meant I missed the chance to go out for drinks with some of my fellow IFA travelers, but I did not want to have to finish this post on the flight home in addition to the other writing I had to do from a chair in the sky.
#Android15 #AndroidFeatureDrop #Aurora #autonomousTrucking #Berlin #Boeing #ControlledDigitalLending #copyright #cordlessCharging #cordlessPower #CST100 #ESR #FindMy #HachetteVInternetArchive #IFA #Intel #IntelCoreUltraSeries2 #InternetArchive #Ki #laptopProcessors #LunarLake #Qi #Satechi #Starliner #TwelveSouth
Damn. Appeal decision in Hachette v. Internet Archive on the #NationalEmergencyLibrary and #ControlledDigitalLending:
"Applying the relevant provisions of the Copyright Act as well as binding Supreme Court and Second Circuit precedent, we conclude the answer is no. We therefore AFFIRM."
https://storage.courtlistener.com/recap/gov.uscourts.ca2.60988/gov.uscourts.ca2.60988.306.1.pdf
@pluralistic For those who like academic treatments, Mancur Olson developed the economic theory of collective action in the 1960s, with an essay and later book, "The Logic of Collective Action":
https://en.wikipedia.org/wiki/The_Logic_of_Collective_Action
Book at the Internet Archive / Open Library: https://archive.org/details/logicofcollectiv00olso
Who of course are fighting their own collective action battle against copyright absolutists:
https://blog.archive.org/tag/controlled-digital-lending/
#MancurOlson #CollectiveAction #InternetArchive #CDL #ControlledDigitalLending #Copyright #CopyrightAbsolutists
I made my way through the Hachette v. Internet Archive oral argument recording and had some thoughts about this #ControlledDigitalLending lawsuit. Making a distinction between "digital" versus "digitized" would help clarify what is being done by libraries. https://dltj.org/article/digital-versus-digitized/
⌛️Sunday April 21 is the deadline for comments on the draft Interoperable System of Controlled Digital Lending (IS-CDL) Recommended Practice! Learn more and share your feedback: https://www.niso.org/niso-io/2024/03/draft-niso-cdl-recommended-practice-open-public-comment
#libraries #ControlledDigitalLending
ICYMI the draft Interoperable System of Controlled Digital Lending (IS-CDL) Recommended Practice is now open for public comment through April 21. Learn more (and share your feedback with us!): https://niso.org/press-releases/nisos-draft-interoperable-system-controlled-digital-lending-recommended-practice-now
#libraries #ControlledDigitalLending
Self-Publishing News: Publishers Seek to Stop Internet Archive’s Appeal in Copyright Violation Case https://selfpublishingadvice.org/self-publishing-news-publishers-internet-archives-appeal/ #controlleddigitallending #internetArchivecopyright #internetarchivelawsuit #OpenLibrarycopyright #News
Wonderful to see this. #NISO just released draft recommendations for an #interoperable system of #ControlledDigitalLending.
https://www.niso.org/standards-committees/is-cdl
It invites public comments until April 21.
The National Information #Standards Organization (#NISO) announced today that its draft Interoperable System of Controlled Digital #Lending (IS-CDL) Recommended Practice (NISO RP-44-202X) is now available for public comment through April 21.
➡️ https://www.niso.org/standards-committees/is-cdl
#RecommendedPractice #CDL #ControlledDigitalLending #DigitalLending #ILL #ResourceSharing
📬 Internet Archive legt Berufung gegen US-Bundesrichter-Urteil ein
#EBooks #Rechtssachen #AssociationofAmericanPublishers #BrewsterKahle #ControlledDigitalLending #CorynneMcSherry #electronicfrontierfoundation #FairUseDoktrine #InternetArchive #JohnGKoeltl #TerrenceHart https://tarnkappe.info/artikel/e-books/internet-archive-legt-berufung-gegen-us-bundesrichter-urteil-ein-285264.html
The University Press Backlist Pilot Project (rebalancing fair use):
"The challenge lies in figuring out how to provide digital access to in-copyright out-of-print volumes ([...] almost three quarters of the 20th century!). Even well funded libraries are prevented from providing digital access to these volumes. The lack of access to these books constitutes a huge gap in the scholarly record and is having repercussions on research."
An explanation of why #ControlledDigitalLending (where you buy a physical copy of a book and then scan it yourself) is important.... And how it does not replace ebook licensing income streams
"A scanned book under CDL does not provide the same interactive experience as an e-book. CDL is primarily used for reference, preservation, or accessibility and may be useful in the following ways, among others:
To provide a DRM protected PDF or e-pub copy for students who cannot travel to the library to get a reserves book off the shelf (provided they sequester the physical book)
For the print-disabled who want larger print, or to utilize optical character recognition to listen to a book that is otherwise not available in audio format
For digital Interlibrary Loan, a common library practice that can provide limited full book access to patrons and which is currently restricted under most licensing regimes – but which has been permitted via photocopying for years"
https://www.libraryfutures.net/post/our-statement-on-hachette-v-internet-archive
Full text of the complaint of #UMG Recordings and other record labels against the #InternetArchive, filed yesterday in SDNY, the same federal court district where IA and some major publishers just submitted a judgment proposal in the #ControlledDigitalLending lawsuit: https://fingfx.thomsonreuters.com/gfx/legaldocs/jnpwwwejopw/INTERNET%20ARCHVIE%20RECORD%20LABELS%20LAWSUIT%20complaint.pdf
The suit is over IA'a "Great '78 Project", and alleges IA is providing broad public access to pre-1972 (and post-1922) sound recordings that are still commercially available, in violation of #copyright law.
#Hachette et al and #InternetArchive have submitted their joint judgment proposal. It involves a permanent injunction against IA doing #ControlledDigitalLending of any title plaintiffs (or their affiliates) offer commercially, either in ebook format (what IA wants), or in any format (what the plaintiffs want). They also reference a confidential "Agreement Regarding Stipulated Monetary Judgment Payment", that's "conditioned
on the Internet Archive’s right of appeal": https://www.courtlistener.com/docket/17211300/214/hachette-book-group-inc-v-internet-archive/
Judgment proposals are due today, with "no further extensions", in #Hachette et al v. #InternetArchive. (This is the case where Judge Koeltl (SDNY) ruled the Internet Archive's #ControlledDigitalLending program was #copyright infringement.) The judge said he preferred a joint proposal; the parties last said they were "very close to finalizing the terms of a consent judgment subject to a right of appeal, as well as other documents reflecting… anticipated agreements." https://www.courtlistener.com/docket/17211300/213/hachette-book-group-inc-v-internet-archive/
Publishers Weekly notes there will soon be a judgment issued in the #Hachette et al v #InternetArchive case: https://www.publishersweekly.com/pw/by-topic/industry-news/publisher-news/article/92890-judgment-phase-of-internet-archive-copyright-case-appears-imminent.html
Judge Koetl ruled in March that Internet Archive's unlicensed #ControlledDigitalLending program was #copyright infringement and not #FairUse, and asked the parties to propose (preferably jointly) a procedure to determine the judgment (e.g. injunctions, penalties, etc.) The judge last granted an extension to August 11, but with a "no further extensions" proviso.
I've updated my guide "Determining #copyright status of #serial issues" at https://onlinebooks.library.upenn.edu/cce/decisions.html
Main changes:
- I've updated my instructions on searching for image copyrights, which is now easier than before thanks to work done by folks at #HathiTrust and #ProjectGutenberg 's #DistributedProofreaders.
- I've updated my comments on #ControlledDigitalLending based on the March ruling against it in the Hachette v. #InternetArchive case.
Further corrections and suggestions welcome.
The NISO team is looking forward to seeing you in Chicago for #ALAAC23! Join us for the 16th annual NISO/BISG forum on June 23 as well as for session updates on
-Interoperability System of #ControlledDigitalLending (IS-CDL) Working Group (June 24)
- Collaborative Collections Lifecycle Project (CCLP) (June 24)
- NISO #standards (June 25)
- Upcoming changes affecting federated authentication (June 26).
Additional session details here: https://www.niso.org/events/niso-ala-annual-2023
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