this post was submitted on 21 Jun 2024
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FWIW I didn’t downvote you for this. I read the Ars article and saw the bit about them making it unlimited during the early pandemic days, but it seemed to imply that is was above board during other times. So if the whole case hinges on their actions during lockdown when people lost access to their own local libraries it becomes a letter vs spirit of the law thing to me personally. They broke the letter of the law, did they break the spirit of it? Was what they did immoral? The justice system isn’t perfect and as a society we continually refine and redefine our laws and have been forever. The state of Louisiana just signed a law into effect that requires poster sized copies of the Ten Commandments be posted in every classroom, kindergarten through college. If someone breaks that law, what side of history will they be on?
If unlimited lending was something that IA was doing all the time, I can see it both ways. If it was for a few months during lockdown, then I think the court got this wrong.
Unfortunately, that's like saying everyone has the right to read any book that IA usually archives for free at any time. Do I agree with that? Yes. Does it hurt intellectual property? Yes. There's obviously evidence that readers used the service a lot. I agree with the principle, but they should've just temporarily "merged" with public libraries and increased borrowing limits for books in stock, not allow everyone in the United States to just get a book as long as they have less than 9 other books as well.