"Major YouTube Copyright Lawsuit Nears Trial With Almost Everything On the Line"


Maria Schneider’s lawsuit against YouTube alleges several types of mass copyright infringement and repeat infringer failures. The trial begins next month, with proposed jury instructions already running to 243 pages. YouTube believes it will win, but the stakes are rarely this high. In addition to damages, the plaintiffs want YouTube to disclose details of files that remain on the site after identical copies were removed due to DMCA notices. And that’s not all.

https://bit.ly/3pMnw9m

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"Z-Library Plans to Let Users Share Physical Books through ‘Z-Points’"


Z-Library appears to be shrugging off a criminal investigation as if nothing ever happened. The site continues to develop its shadow library and, following a successful fundraiser, now plans to expand its services to the physical book market. Z-Library envisions a book "sharing" market, where its millions of users can pick up paperbacks at dedicated "Z-Points" around the globe.

https://cutt.ly/i7bAHGU

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"Controlled Digital Lending Takes a Blow in Court"


The implications of this ruling are potentially profound, and, given the strong lean in the publisher’s favor, they are potentially troubling for libraries and the rights of those who seek to engage with content in our evermore digital and digitized world if the decision stands through the forthcoming appeals. For the significant amount of content that exists in print form and for which there is no publisher-sanctioned digital version available, that content has become effectively walled off from the digital world until it passes into the public domain—essentially for longer than anyone reading this blog is alive. Those who live in close proximity to and have access to world-class institutions with sizable print collections can get access to much of this content. For the vast majority of library users, this will not be the case. Their access will be significantly curtailed, but to paraphrase the ruling, this public interest is secondary to the interests of publishers in exercising their monopoly.

http://bit.ly/40GaNC4

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"In a Swift Decision, Judge Eviscerates Internet Archive’s Scanning and Lending Program"


"At bottom, IA’s fair use defense rests on the notion that lawfully acquiring a copyrighted print book entitles the recipient to make an unauthorized copy and distribute it in place of the print book, so long as it does not simultaneously lend the print book," Koeltl wrote in a March 24 opinion granting the publisher plaintiffs’ motion for summary judgment and denying the Internet Archive’s cross-motion. "But no case or legal principle supports that notion. Every authority points in the other direction."

https://cutt.ly/54AdZfY

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Millions of Digitized Books May Be Destroyed: "Press Conference Statement: Brewster Kahle, Internet Archive"


Here’s what’s at stake in this case: hundreds of libraries contributed millions of books to the Internet Archive for preservation in addition to those books we have purchased. Thousands of donors provided the funds to digitize them.

The publishers are now demanding that those millions of digitized books, not only be made inaccessible, but be destroyed.

This is horrendous. Let me say it again—the publishers are demanding that millions of digitized books be destroyed.

And if they succeed in destroying our books or even making many of them inaccessible, there will be a chilling effect on the hundreds of other libraries that lend digitized books as we do.

This could be the burning of the Library of Alexandria moment—millions of books from our community’s libraries mdash;gone.

http://bit.ly/3JHMjli

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"At Hearing, Judge Appears Skeptical of Internet Archive’s Scanning and Lending Program"


Over the course of a 90-minute hearing on the parties’ cross motions for summary judgment, Koeltl appeared skeptical that there was sufficient basis in law to support the Internet Archive’s scanning and lending of print library books under a legally untested protocol known as controlled digital lending, and unconvinced that the case is fundamentally about the future of library lending, as Internet Archive attorneys have argued.

http://bit.ly/3FFjVyS

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"AI and Copyright: Human Artistry Campaign Launches to Support Musicians"


The fast rise of AI technology has opened up a world of brain-busting questions about copyright and creators’ rights. . . . A new coalition to meet those challenges called the Human Artistry Campaign was announced at the South by Southwest conference on Thursday, with support from more than 40 organizations, including the Recording Academy, the National Music Publishers Association, the Recording Industry of America and many others.

bit.ly/402Nt1G

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Handbook on Comparative E-lending Policies in Europe


This Handbook overhauls current stereotypes about e-lending. The studies and investigations quoted in the Handbook demonstrate that e-lending in libraries is a formidable instrument for promoting e-books.Results may be short of sensational: when promoted by libraries, an individual title may see a 818% growth in e-book sales and 201% growth in print sales.

The number of e-lending transactions, measured in relation to the number of inhabitants, also shows that the market for e-loan transactions is now dramatically low and has to make great strides for the benefit of all actors in the e-book value chain.

The number of e-lending transactions, measured in relation to the number of inhabitants, also shows that the market for e-loan transactions is now dramatically low and has to make great strides for the benefit of all actors in the e-book value chain. It is now from 10 to 100 times lower than the number of book loans and in some cases, like in France, 400 times less.

bit.ly/3JuFwew

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"Book Publishers with Surging Profits Struggle to Prove Internet Archive Hurt Sales"


Today, the Internet Archive (IA) defended its practice of digitizing books and lending those e-books for free to users of its Open Library. In 2020, four of the wealthiest book publishers sued IA, alleging this kind of digital lending was actually "willful digital piracy" causing them "massive harm." But IA’s lawyer, Joseph Gratz, argued that the Open Library’s digitization of physical books is fair use, and publishers have yet to show they’ve been harmed by IA’s digital lending.

bit.ly/3JTMDP2

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"With New Model Language, Library E-book Bills Are Back"


The revised language, developed with support from nascent library advocacy group Library Futures, takes a "regulate " rather than "mandate " approach. In other words, unlike Maryland’s law, which would have required publishers to offer license agreements to libraries "on reasonable terms " for digital books that were available to consumers, the new legislative language instead focuses regulating the terms of agreements. Key to the revised bill’s effectiveness is language that would render unenforceable any license term that "precludes, limits, or restricts" libraries from performing their traditional, core mission.

bit.ly/3y42wfh

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"Publishers, Internet Archive Ready for Summary Judgment Hearing in Book Scanning Case "


“That is what this case is about,” IA lawyers conclude. “Whether the selection of books available from libraries digitally will be chosen by librarians, or instead determined by publishers’ unilateral and unreviewable licensing choices. This Court is being asked to decide whether copyright law gives publishers the power to dictate which books in a library’s collection can and cannot be loaned digitally.”

https://cutt.ly/wBbwUxg

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"Germany Wants to Limit Memes and Mashups Derived from Press Publishers’ Material to 128-By-128 Pixels in Resolution, and Three Seconds in Length"

https://www.techdirt.com/articles/20200117/07301943748/germany-wants-to-limit-memes-mashups-derived-press-publishers-material-to-128-by-128-pixels-resolution-three-seconds-length.shtml