I truly beleive that is what the IA wants, Chris. I also beleive that the AAP and TAG have figured it out, and decided not to give the IA what it wants.

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I would tend to agree. Really, as I said in my post, I’m honestly surprised that they haven’t been sued yet.

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It’s not fair use. Copyright law and court rulings say it’s piracy, and you have no rulings or law that say otherwise. The IA has piled one untested opinion on top of another untested opinion. That is a house of cards, not a legal defense.

The thing is, HathiTrust – which is run by actual librarians – doesn’t even think CDL is fair use, much less what the IA is doing.
https://the-digital-reader.com/2020/04/01/haithitrust-adopts-cdl-on-an-emergency-basis/

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There is still a ten-book limit on users. And while the Archive has dropped wait lists for users, resulting in unlimited checkouts by multiple users, the situation justifies it. Fair use should reflect the needs of the moment. Later the Archive can restore the multi-user limit. For now, users of commercial services such as OverDrive will encounter longer waits–hence, the need for the NEL.

Of course, I remain concerned about the need to pay authors and publishers–and also increase the number of units available for loan. The one and a half billion spent annually on US public library content is pathetic. We really need a multi-donor National Library Endowment to help pay for public and academic national digital library systems. See libraryendowment.org and a Philadelpha Inquirer op-ed calling for the two national digital systems (https://www.inquirer.com/opinion/commentary/public-libraries-funding-national-endowment-e-books-20200124.html)

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