Post Am210xz4ZB3UevRB4a by forthy42@mastodon.net2o.de
 (DIR) More posts by forthy42@mastodon.net2o.de
 (DIR) Post #AlkygeNMG0B0SRf8tc by ami_angelwings@urusai.social
       2024-09-06T19:24:20Z
       
       1 likes, 2 repeats
       
       From @mmasnick: https://www.techdirt.com/2024/09/05/second-circuit-says-libraries-disincentivize-authors-to-write-books-by-lending-them-for-free/"Even though this outcome was always a strong possibility, the final ruling is just incredibly damaging, especially in that it suggests that all libraries are bad for authors and cause them to no longer want to write. I only wish I were joking. Towards the end of the ruling (as we’ll get to below) it says that while having freely lent out books may help the public in the “short-term” the “long-term” consequences would be that “there would be little motivation to produce new works.”""there would be little motivation to produce new works" without profit motive?the ENTIRE FANWORK INTERNET WOULD DISAGREE, which is probably, by quantity, a sizeable if not majority of fiction writing in the past 2 decades, it contains some of humanity's longest works!
       
 (DIR) Post #AlkygfFF1fHJ9YsAsq by ami_angelwings@urusai.social
       2024-09-06T19:29:12Z
       
       0 likes, 0 repeats
       
       it's the opposite if anything! how many people got into reading and writing BECAUSE of libraries? I know I did!  I started writing because I was always holed up in the library reading fiction and it inspired me.  If libraries didn't exist, I wouldn't have had so much access to books. I didn't have money to buy books, I didn't have bookstores near me. Without libraries, your incentive to write if you ONLY care about paying audiences and profit, would also only be narrowly targeted at people who bought books, and not the general audiences available to you through libraries.
       
 (DIR) Post #AlkygfuiXSSHECHIX2 by ami_angelwings@urusai.social
       2024-09-06T19:35:47Z
       
       0 likes, 0 repeats
       
       also libraries allow you to try out tons of books, i can't imagine without libraries how people would even decide what to purchase, simply going in blind based on reviews like movies except way more expensive and with a much larger time commitment which means people would be even more selectivebut then publishers don't actually care about that, they want to turn digital books into a streaming model, where all works are just "content", a featureless sludge to be pumped into the machine to drive subscriptions :\
       
 (DIR) Post #AlkyggaY1vupJvqhjU by ami_angelwings@urusai.social
       2024-09-06T19:43:33Z
       
       0 likes, 0 repeats
       
       the other thing is libraries are one of the few remaining public spaces that people can go to that serve people and not profit or landowners. the reason I read so much as a kid? I hid in libraries to escape bullying. Sure, there's some bookstores that allow people to sit & read, but they're still private stores, and they'll kick you out if they think you're "loitering" or the wrong kind of person. and they're not a place unattended children can just go into & stay.Libraries provide access to information and access to the wider digital & analog world for so many people, but also, they're run for a completely different purpose than almost any other kind of "public" space left. The death of libraries would hurt more than even the lack of ability of people to read free books. :\
       
 (DIR) Post #AlkyghR0srsnweObVg by ami_angelwings@urusai.social
       2024-09-06T20:04:21Z
       
       0 likes, 0 repeats
       
       "Tragically, the Court then undermines the important ruling in the Betamax/VCR case that found “time shifting” (recording stuff off your TV) to be fair use, even as it absolutely was repackaging the same content for the same purpose. The Court says that doesn’t matter because it “predated our use of the word ‘transformative’ as a term of art.” But that doesn’t wipe out the case as a binding precedent, even though the Court here acts as though it does."It's also really bad and is going to hurt a lot of other things about digital preservation and being able to copy/backup/record stuff if the courts now start to decide that recording TV never should have counted as fair use :\
       
 (DIR) Post #AlkyghZWNEgkN2NOls by ami_angelwings@urusai.social
       2024-09-07T01:56:53Z
       
       2 likes, 1 repeats
       
       also, libraries aren't a charity, they're a public servicethe anti-IA people say the IA allows anybody to borrow while "real" libraries exist for the poor but that's not the purpose of a library & RL libraries don't just exist as charity for the poorwe as a society have lost the concept of what a public service is, we only see things in terms of profit and charitypublic libraries exist b/c our societies decided that access to culture, to information, to knowledge, and to a public space that preserves those things is a public good, it's something everybody should havepublic libraries are not and should not be a charity that we only minimally fund b/c some people are too poor to partake in capitalism and therefore need a little handout so they can get smarter to partake in capitalism
       
 (DIR) Post #Am1sACY4syagqi8hv6 by clacke@libranet.de
       2024-09-15T13:43:13Z
       
       0 likes, 0 repeats
       
       @ami_angelwings @mmasnick How long term are we talking? We've had libraries for millennia now, and somehow people still seem to be writing literature. 🤣
       
 (DIR) Post #Am200zMbKzQsz1tChk by Ian485@mastodon.world
       2024-09-07T14:33:13Z
       
       1 likes, 0 repeats
       
       @ami_angelwings I’ve never heard an author disparage a library. They are usually a library’s fiercest champions.
       
 (DIR) Post #Am209xpCQafqojXtTM by maddemaddigger@mathstodon.xyz
       2024-09-07T22:09:51Z
       
       1 likes, 0 repeats
       
       @ami_angelwings I mean libraries have been around at least for 3000 years or so, so if they'd hinder book business, they would've already destroyed the economy by now...
       
 (DIR) Post #Am210oAl2sScEGpMtk by pkemner@urusai.social
       2024-09-07T14:00:46Z
       
       1 likes, 1 repeats
       
       @ami_angelwings And then there's Gaiman:https://www.youtube.com/watch?v=0Qkyt1wXNlI
       
 (DIR) Post #Am210w2XnIdyd72vCq by forthy42@mastodon.net2o.de
       2024-09-07T19:06:13Z
       
       1 likes, 0 repeats
       
       @ami_angelwings You don't get it. You shouldn't be writing on your own. You should write as employee of Disney or such, getting a bit of the huge money these companies make.There's an interesting reason why Germany is called „Das Land der Dichter und Denker“ (The country of poets and thinkers): at that time unlike UK, there was no way to enforce copyright in the 100s small states of Germany, so pirated printing was the norm.This greatly benefited the authors, because it was free advertising.
       
 (DIR) Post #Am210wGMxthdJzVxku by waitworry@sakurajima.moe
       2024-09-06T19:34:48Z
       
       1 likes, 0 repeats
       
       @ami_angelwings @mmasnick have a sneaking suspicion about who appointed the judge behind this
       
 (DIR) Post #Am210xz4ZB3UevRB4a by forthy42@mastodon.net2o.de
       2024-09-07T19:09:43Z
       
       0 likes, 0 repeats
       
       @ami_angelwings The UK system evolved out of a printing press system that already had established a cartel. Copyright was an attempt to break this cartel and give more power to the authors. It failed. It doesn't deliver.
       
 (DIR) Post #Am21105AlT7hAQJ4rI by delta@mk.absturztau.be
       2024-09-07T11:00:39.644Z
       
       1 likes, 0 repeats
       
       @ami_angelwings@urusai.social @mmasnick@mastodon.social when they say "authors" what they actually mean is "publishers"
       
 (DIR) Post #Am2114FbGdqC5vDSfQ by shaknais@mastodon.social
       2024-09-08T15:26:55Z
       
       1 likes, 0 repeats
       
       @ami_angelwings @mmasnick Wait, what!? I have a recent post saying how *excited* I am that one my new releases has landed in the library system!
       
 (DIR) Post #Am2114mDJNvdj4TVVA by larsmb@mastodon.online
       2024-09-08T13:10:52Z
       
       0 likes, 0 repeats
       
       @ami_angelwings @mmasnick IDNK, isn't that the reason why library copies are more expensive to buy for them than the individual copy I buy at a book store?
       
 (DIR) Post #Am2115T6juEvs6XlMO by mmasnick@mastodon.social
       2024-09-08T20:55:01Z
       
       1 likes, 0 repeats
       
       @larsmb @ami_angelwings that's not true in the US. Elsewhere it is.
       
 (DIR) Post #Am4oMsTj06y21alwC8 by ami_angelwings@urusai.social
       2024-09-07T15:54:35Z
       
       1 likes, 0 repeats
       
       i don't think people realize just how important libraries of all sorts are to "book culture", i think they're so normalized in our lives we just take it for granted that some kids grow up with a love of reading and become readers and book lovers and writers... if libraries die off or are killed off enough that they're a shell of themselves, the book industry is not gonna be swimming in cash like they think, in a generation or two, they'll find that the culture of book reading will have massively died, people will still read but they won't have this "love of books", they'll be like "I can get free fic on AO3, why do i care to buy an expensive book from an author i don't know?"
       
 (DIR) Post #Am4oN2hYzVyjjPK89Y by darkuncle@infosec.exchange
       2024-09-07T02:34:26Z
       
       0 likes, 0 repeats
       
       @ami_angelwings way way way too many people seem to be unable to view anything except through the lens of turning a profit, whether it's a library or the postal service or a community swimming pool.Capitalism as a concept has really eroded public goods as a concept.
       
 (DIR) Post #Am4oN3QEJRhvxwDnm4 by whybird@aus.social
       2024-09-07T23:06:28Z
       
       1 likes, 0 repeats
       
       @darkuncle @ami_angelwings Fully agree. A question for those who don’t like non-profit things: roughly how much profit do they think the military makes?
       
 (DIR) Post #Am4oN3aVhDvmTp20nY by darkuncle@infosec.exchange
       2024-09-07T02:34:59Z
       
       0 likes, 0 repeats
       
       @ami_angelwings this was really well said, btw. bookmarked for later.
       
 (DIR) Post #Am4r5459Q5Rgf9TYf2 by lispi314@udongein.xyz
       2024-09-06T20:31:48.310514Z
       
       0 likes, 0 repeats
       
       @ami_angelwings @yassie_j @mmasnick Some of the most prolific media, namly Touhou doujin & fan content, is so prolific because of lax or no copyright enforcement.One wonders why⸮
       
 (DIR) Post #Am4v13pcoBoqXoYlkm by lanodan@queer.hacktivis.me
       2024-09-17T01:01:03.907671Z
       
       1 likes, 0 repeats
       
       @lispi314 @yassie_j @mmasnick @ami_angelwings I think a slightly better example about copyright would be more like Vocaloid and more recently Vtubers, which entirely higes on fan works, and latter effectively created a new industry. (Could likely also say the same thing for Minecraft, the most sold video game, which to me would be a forgotten game without let's plays, tutorials, …)Meanwhile fiction works are kind of strange to have information on because most fiction websites don't have things like number of readers and a lot of it is entirely non-commercial or at best self-published and so hard to aggregate.Like I don't think anybody can know how many copies of touhou fanworks have been sold.
       
 (DIR) Post #Am54g3btR5aJJllCOe by Jackiemauro@fosstodon.org
       2024-09-07T00:48:35Z
       
       1 likes, 0 repeats
       
       @ami_angelwings @mmasnick The long term??? Libraries have been around for thousands of years!! Last I checked people have been writing books that whole time?????
       
 (DIR) Post #Am54g4WG3Wfg8a8DFg by Jackiemauro@fosstodon.org
       2024-09-07T00:49:59Z
       
       0 likes, 0 repeats
       
       @ami_angelwings @mmasnick neoclassical economics has poisoned our minds
       
 (DIR) Post #Am59ZBcljzLpuuiH1U by clacke@libranet.de
       2024-09-17T03:43:08Z
       
       0 likes, 1 repeats
       
       Quotes from the ruling, the scope and conclusion:This appeal presents the following question: Is it “fair use” for a nonprofit organization to scan copyright-protected print books in their entirety, and distribute those digital copies online, in full, for free, subject to a one-to-one owned-to-loaned ratio between its print copies and the digital copies it makes available at any given time, all without authorization from the copyright-holding publishers or authors? Applying the relevant provisions of the Copyright Act as well as binding Supreme Court and Second Circuit precedent, we conclude the answer is no. We therefore AFFIRM.The public interest:Within the framework of the Copyright Act, IA’s argument regarding the public interest is shortsighted. True, libraries and consumers may reap some short-term benefits from access to free digital books, but what are the long-term consequences? If authors and creators knew that their original works could be copied and disseminated for free, there would be little motivation to produce new works. And a dearth of creative activity would undoubtedly negatively impact the public. It is this reality that the Copyright Act seeks to avoid.The difference between 1-to-1 controlled digital lending (CDL) of only the Internet Archive's own physical books, or CDL from a pool of physical books by participating libraries:IA makes a final argument that, even if its Open Libraries project did not qualify as a fair use, we should restrict the injunction to the Open Libraries project and allow IA to continue CDL for books that IA itself owns, Appellant's Br. at 62. In support of that argument, IA argues that the fourth factor analysis would be more favorable if CDL were limited to IA's own books. Id. In our view, the fair use analysis would not be substantially different if limited to IA’s CDL of the books it owns, and the fourth factor still would count against fair use. So we decline IA’s invitation to narrow the scope of our holding or of the district court’s injunction.@mmasnick @ami_angelwings
       
 (DIR) Post #AmmtHqfLx6sNPe8Ti4 by Aknorals@mastodon.social
       2024-09-22T16:53:28Z
       
       1 likes, 0 repeats
       
       @ami_angelwings Physical libraries are hurt by restrictions on digital content and would have benefited from a court Internet Archive win.