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14 Aug 2023
In 2020 a group of book publishers sued the Internet Archive over their Controlled Digital Lending program, which made PDF scans of books and lent them out from the Archive's web site. For books still in copyright, the Archive usually limited the number of copies of a book lent to the number of physical copies of the book they had in storage. Several publishers sued with an argument that can be summarized as "that's not how it works". In late March the judge made a ruling that can be summarized as "of course that's not how it works." (More background here.) After several months of quiet negotiations, on Friday the two parties filed a proposed consent agreement in which the Archive promised to stop it, and pay the plaintiffs an undisclosed but presumably not huge amount of money. The only disagreement was exactly what they promise to stop, with letters from each to the judge explaining their positions.
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