You are correct: the ruling simply affirms the plaintiff's claim against IA.
Any out-of-copyright and non-copyright items, as well as items with permissive terms (e.g., Creative Commons licenses) will still be available on IA. Previously, the plaintiff Hachette offered a deal that IA rejected, in which IA would be allowed to make digital copies of Hachette texts that are either out-of-print titles, or titles for which digital copies have never been produced.
Right now, it's up to Hachette and the other publishers affected in the case whether that offer is still available.
edited: hyphens.
I definitely don’t like the obnoxious copyright system in the USA, but what the IA did seems obviously wrong.
The publisher-plaintiffs did not prove the "obvious wrong" in this case, however US-based courts have a curious standard when it comes to the application of Fair Use doctrine. This case ultimately rested on the fourth, most significantly-weighted Fair Use standard in US-based courts: whether IA's digital lending harmed publisher sales during the 3-month period of unlimited digital lending.
Unfortunately, when it comes to this standard, the publisher-plaintiffs are not required to prove harm, rather only assert that harm has occurred. If they were required to prove harm they'd have to reveal sales figures for the 27 works under consideration--publishers will do anything to conceal this information and US-based courts defer to them. Therefore, IA was required to prove a negative claim--that digital lending did not hurt sales--without access to the empirical data (which in other legal contexts is shared during the discovery phase) required to prove this claim. IA offered the next best argument (see pp. 44-62 of the case document to check for yourself), but the data was deemed insufficient by the court.
In other words, on the most important test of Fair Use doctrine, which this entire case ultimately pivoted upon, IA was expected to defend itself with one arm tied behind its back. That's not 'fair' and the publishers did not prove 'obvious' harm, but the US-based courts are increasingly uninterested in these things.
edited: page numbers on linked court document.
What an experience!
The F-22 impressed us. In this photo, it is flying over the lake, which when compared to objects in the foreground shows how big it is. In the second photo, it flew vertically upward, was suspended for a moment to light off two flares, and briefly dropped line a stone before pulling out again. Dramatic stuff. These redditors have a bit more context on the significance of it flying here.
Future Ruins We all walk in mysteries. We are surrounded by an atmosphere of which we do not know what is stirring in it, or how it is connected with our own...
https://en.wikipedia.org/wiki/Lockheed_Martin_F-22_Raptor
Fallstreak Hole On the sightless seas of ether, Rudderless, without a sail, Choirs of stars uplift their voices, Where the mist-waves rise and fail. Through...
https://en.wikipedia.org/wiki/Fallstreak_hole
Flower Moon After all it is no spring flower, but only a postscript to a hope (p. 28). Leopold, Aldo. A Sand County Almanac. 1949. Ballantine,...
Check the link for a full-size version (3600 x 4800).
Unenforceable The story of the collapse of the Roman Republic is one in which these elements of the mos maiorum slowly crumble under the weight of the...
This notice was found last summer (July 2023) on St. Clair W., after the Salsa on St. Clair festival.
We were inspired by your recent photos. We'll post more.
Fortress to the East Here stood a sacred forest. Here the messenger Wing-footed went, his touch upon the dumb glades leaving... Upon the site of cities, nor...
Photo taken from the west side in late December 2023.
Made using discarded parking tickets, among other things. More images here: https://archive.org/details/lawful-evil-hwmb-03-009
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There are so many local names for this insect: water strider, water skipper, water skimmer, water bug... got any more?
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Short documentary focusing on a few of the artists living in Dafen, China. This village hosts both independent artist studios and fascimilie factories with various connections between the people working in them. The short documentary is subtitled in English (sometimes hard to read), but good production quality. Much of the conversation revolves around the tension between reproduction and originality, and the professional lives of working artists in the village.
This broadcast is not official. Here's a RadioReference forum post with the technical details re: how someone can monitor the TETRA system that TTC uses to communicate across its network. This broadcastify feed is picking up the signal from the Birchmount location/frequency.
Toronto Transit Control Live Audio Feed on Broadcastify.com
If you ever want more info about a transit delay than what you get from official communications, or if you want a better sense of daily issues on trains and buses (most of which are never reported to the police/press), check out this unofficial feed: https://www.broadcastify.com/listen/feed/31629
Here's a 1-minute video showing the Transit Control centre where many of these calls are received: https://www.youtube.com/watch?v=KQoKVmNJlSs
"We have new people whose life experiences have been radically different than ours. And so for those of us who have been here for decades or a long time, it gives us an insight into how people lived in other parts of the world, and now they're with us and we want to learn about them. So we are one united community."
This is such a positive take from someone in leadership re: new immigration to their community. It can be difficult to manage unexpected population growth and the federal/provincial governments offer poor support to growing communities across Canada. Mr. Morrison and his neighbours deserve lots of credit and respect for welcoming new neighbours who've been through a lot. They sound like good people.
Swiss technology company that focuses on privacy products. Initially funded by a Swiss startup capital firm and now uses a subscription model. ProtonMail is not open source or non-profit, but the product they offer is privacy. Switzerland also has strict privacy laws and resists state-based information requests. Best option is to run one's own email client server, but simple folks like me don't have the skills to do so. (FWIW, I use ProtonMail and think it works great.)
If anyone is interested, the address is 986 Bathurst Street (right between Dupont and Bathurst). It is currently staffed on Thursdays and Fridays, from noon to 6pm. Here's the website.
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You are welcome at the https://lemmy.ca/c/art community. Currently, most submissions are people's artworks, but what you describe is also seems relevant to the community and I'd post content too if there's interest in it!
"In my view, a lot of the general associations we have with drinking in public are negative, like drunkenness in public, drinking and driving, like drunken hoodlums, all of these things — which make the news, but aren't necessarily the only way people consume alcohol in public."
Dr. Malleck quoted here gets close to the source of the problem, which is classism.
Most mayors, city councilors, etc. are doing well financially and they own their own houses (as well as cottages, investment properties, etc.), so the idea of going to a public park to drink outside with friends seems unusual to them. They view public parks as community spaces, but only within their personal perspectives as homeowners, and therefore what is allowed in parks is restricted to class-based moral sensibilities. It's easy for Councilor So-and-So to bring her laptop to her backyard garden patio for another Zoom meeting. The line worker who just wants to sit outside with her family after 12 hours inside sorting chicken meat for Councilor So-and-So's BBQ that weekend... she was an afterthought when it comes to these kinds of public space bylaws.
This disconnect between how municipal leaders and many apartment/condo-dwelling constituents live also explains the conflicts during the pandemic when people wanted to leave the isolation of their apartments for fresh air, but homeowner leaders (with their backyards, cottage retreats, 'working' holidays, etc.) told them to go back inside and threatened them with fines.
We do we have these bylaws? Ignorance rooted in class.
How can it feel so dry and be so humid at the same time? These days, even the dryads need a better skincare product...
The hand is made from coffee filter. The bottle and 'Dryad' logo are product packaging. The sun is yellow tissue paper, while the haze background is washi paper.
Our most productive plant is K. laetivirens, an unusual succulent that yields many plantlets around the edges of its leaves. There are varieties: ours is bright green, resilient, and likes small pots.
We grew a large one (to truly become a mother of thousands). We cultivate its many plantlets in glass pots and anonymously leave them for others in our neighbourhood in Toronto.
Details here: https://archive.org/details/wood-thrush-hwbl-03-014