this post was submitted on 01 Sep 2023
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The legal ruling against the Internet Archive has come down in favour of the rights of authors.

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[–] [email protected] 10 points 1 year ago (2 children)

Even assuming that is a viable application of sovereign immunity, which I am not at all convinced, at a minimum you've described a very strong due process violation. No, libraries cannot just arbitrarily infringe copyrights.

[–] [email protected] 2 points 1 year ago* (last edited 1 year ago)

Copyright is federal, not state law. The state or municipal library system would get sued and lose in federal court.

[–] [email protected] 1 points 1 year ago (1 children)

The applicable Supreme Court precedent here is Allen v. Cooper. The State of North Carolina published all pictures of a shipwreck within its custody on its website as "public record" and the photography firm that owned the copyright sued. The Supreme Court ruled that Congress cannot abrogate a state's sovereign immunity under its Article I legislative powers and thus ruled in favour of the state.