{"title":"Hachette, Controlled Digital Lending, and the Consequences of Divorcing Law from Context","authors":"Michelle M. Wu","doi":"10.2139/ssrn.4401107","DOIUrl":null,"url":null,"abstract":"Abstract This article will look at the recent Hachette decision against the Internet Archive, analyzing how the court’s reliance on past authorities with insufficient context distorted their meanings. It will focus only on the controlled digital lending (CDL) aspect, not discussing the other claims in the suit or exploring the specific implementation of CDL by the Internet Archive (IA). Since CDL programs can vary widely, IA is better situated than others to identify missing context related to the analysis of the unique components of their efforts. And other libraries engaging in CDL should be able to easily see where their programs differ from the judge’s description of IA’s. For that reason, the analysis below only delves into the language that might be used to chill all CDL programs or innovation more generally.","PeriodicalId":39856,"journal":{"name":"Legal Reference Services Quarterly","volume":"42 1","pages":"129 - 151"},"PeriodicalIF":0.0000,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Legal Reference Services Quarterly","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/ssrn.4401107","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract This article will look at the recent Hachette decision against the Internet Archive, analyzing how the court’s reliance on past authorities with insufficient context distorted their meanings. It will focus only on the controlled digital lending (CDL) aspect, not discussing the other claims in the suit or exploring the specific implementation of CDL by the Internet Archive (IA). Since CDL programs can vary widely, IA is better situated than others to identify missing context related to the analysis of the unique components of their efforts. And other libraries engaging in CDL should be able to easily see where their programs differ from the judge’s description of IA’s. For that reason, the analysis below only delves into the language that might be used to chill all CDL programs or innovation more generally.
期刊介绍：
An important forum for daily problems and issues, Legal Reference Services Quarterly will assist you in your day-to-day work as it has been helping other law librarians and members of the legal profession for over a decade. You will find articles that are serious, humorous, critical, or simply helpful to the working librarian. Annotated subject bibliographies, overviews of legal literature, reviews of commonly used tools, and the inclusion of reference problems unique to corporate law libraries, judicial libraries, and academic collections will keep you up-to-date on the continuously expanding volume of legal materials and their use in legal research.
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