this post was submitted on 09 Jan 2024
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Yes. That I don't have an issue with, although I think it was a mistake in hindsight.
The issue was trying to face the publishers head on in court, and then coming at them with a frivilous legal argument that had no hope in succeeding. They've done the same with their appeal - and donors have paid for both. They should have done absolutely everything they could to settle out of court.
I agree, but just because archive.today is more polished doesn't mean it's more trustworthy or respectable.
Ah, that makes me much calmer. I thought they also lost their right to classic library-style lending...
No they did lose it, I believe. As part of the trial a judge ruled that scanning physical copies and lending out one digital copy per physical copy scanned was illegal. They were operating in a legal grey area, then as soon as they came out of that grey area they lost it. That's why I think they should have settled out of court.
They were sued for lending unlimited copies, fought it, then ended up being told they couldn't lend any copies without a license.