I am an author, and several of my books were published by one of the publishers who is a party to the suit.
Unlike these publishers, however, I support Controlled Digital Lending. I think it's closely analogous to print lending in every way that matters. It strikes the right balance between respecting the first-sale doctrine and respecting authors' copyrights. It allows lending of creative works to proceed into the 21st century under essentially the same terms that it existed prior to the digital age.
To the extent that the publishers are arguing against the legality of CDL, I disagree with them. I hope the courts recognize it is already legal, or even better, I hope Congress explicitly declares it legal.
Yet I think it's worth emphasizing that the Internet Archive engaged in uncontrolled digital lending through their national emergency program. By being willing to lend out more copies than they owned, they were clearly engaging in copyright infringement, and I found their justification for it wholly unconvincing.
So, while I support IA insofar as it engages in Controlled Digital Lending, I oppose IA's shift toward Uncontrolled Digital Lending, and their willingness to do so, under flimsy justification, makes me concerned that they cannot be trusted to handle even CDL responsibly.
Unlike these publishers, however, I support Controlled Digital Lending. I think it's closely analogous to print lending in every way that matters. It strikes the right balance between respecting the first-sale doctrine and respecting authors' copyrights. It allows lending of creative works to proceed into the 21st century under essentially the same terms that it existed prior to the digital age.
To the extent that the publishers are arguing against the legality of CDL, I disagree with them. I hope the courts recognize it is already legal, or even better, I hope Congress explicitly declares it legal.
Yet I think it's worth emphasizing that the Internet Archive engaged in uncontrolled digital lending through their national emergency program. By being willing to lend out more copies than they owned, they were clearly engaging in copyright infringement, and I found their justification for it wholly unconvincing.
So, while I support IA insofar as it engages in Controlled Digital Lending, I oppose IA's shift toward Uncontrolled Digital Lending, and their willingness to do so, under flimsy justification, makes me concerned that they cannot be trusted to handle even CDL responsibly.