Day March 24, 2022

Fahrenheit 2020: Torching the Internet’s Library of Alexandria at the Height of a Global Pandemic

[Stephen Beemsterboer] Abstract: For more than a decade, the Internet Archive has been collecting and digitizing books as part of its “Open Library” project. The unofficial e-books are made available to the public under a legally untested concept called “controlled digital lending” (CDL), premised on the notion that libraries should be able to lend their books online in much the same way that they do in person. Under the theory, a library may grant restricted digital access to one patron at a time per physically held copy of a book. Once a patron’s access to the book ends, another’s may begin. The process is meant to digitally replicate a physical library loan, and it works just like borrowing an official e-book through a local library.

Forfeiting IP

[Deepa Varadarajan] Abstract: Can intellectual property (IP) rights be lost? Much attention has been paid to how IP rights are acquired and whether threshold requirements are too laxed or onerous. But surprisingly little attention has been paid to the question of IP forfeiture. That is, once IP rights are acquired, what—if anything—do owners have to do to keep those rights or risk losing them forever. The answer, it turns out, varies widely across the IP landscape and has important consequences for follow-on innovation, competition, and the public domain.

The Liability of Internet Service Providers for Copyright Infringement in Sri Lanka: A Comparative Analysis

[Justice Dr. Ruwan Fernando] There are laws in force in many countries to limit the liability of an ISP for the infringement of copyright that takes place on its networks. An ISP in Sri Lanka may not enjoy the same privilege for the infringement of unauthorised material initiated by its users or third parties on their networks. The current law is unlikely to provide adequate protection for the legitimate activities of ISPs in an attempt to minimize the vulnerability against copyright infringement claims.