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Old 06-12-2020, 02:52 PM   #52
fjtorres
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Quote:
Originally Posted by murraypaul View Post
It is a sensible response.
They were going to lose the lawsuit, as it stood.
Now they probably will, but it is no longer a slam dunk, especially if it is a jury trial.
They make be able to persuade people that "1 pBook = 1 eBook loan" is reasonable.
The publishers didn't sue until the recent changes, and part of that may have been that they were afraid they might lose.
We might see the suit dropped, or some sort of compromise reached.
The billable hours to draft the lawsuit are sunk costs. Might as well let it ride, because "I stopped breaking the law" is rarely an acceptable defense. Any further legal fees can come out of the IA's hide.

Also, the violation is still "distributing unlicensed content, in whole".
The amount of content has nothing to do with innocence, only the punishment.
And owning a print copy of the content does not convey a distribution license.

If they think throttling back is going to save them they're really out of touch with reality.
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