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by 7Z7 2685 days ago
IA's definition of CDL and yours (by proxy of the NWU faq you linked) seem quite different.

IA contends that the CDL program lends one digital copy per physical copy the lender owns (ie. the “owned to loaned” ratio). Which is in direct contradiction to the copies-of-copies described by the NWU.

Can you shed light on this discrepancy?

1 comments

AIUI, the NWU faq explains that even after a loaned copy is marked as "returned", the page images are present on the borrower's computer (at least in the browser cache). So there's not a 1:1 owned to loaned ratio: each "loan" effectively creates a new digital copy, which the borrower might retain indefinitely.
This seems like a bit of a cop out. You could borrow a normal book from a library and photocopy it as well. It seems like IA is doing everything they can to try not to exceed the 1:1 loan ratio.

I've been recently working on a project in digital book distribution for libraries, and the terms that publishers want to force on libraries for digital distribution are pretty harsh and enforced by DRM by the publisher. Things like you can only loan this book 50 times before renewing its license.

IMO thats what this is really about, trying to undermine the clever work around of digitizing physical works and loaning them like a normal library would so that is can be replaced with a more revenue friendly model where publishers can dictate terms using DRM.

> You could borrow a normal book from a library and photocopy it as well.

Or, more realistically, you could borrow an audiobook or CD and copy it perfectly - but people don't seem to be overly opposed to allowing libraries to lend those out.

As someone who went to college and regularly saw professors checking out textbooks from the college library and photocopying questions/articles to distribute to their classes, the physical model doesn't seem like it actually offers many protections here.
IIRC fair use may cover that if it's only small portions of a work or significantly transformative, and not for profit. There was also an exemption from the DMCA for educators in recent years that may be relevant.