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I really don’t think anyone envisioned the way digital distribution would change when the DMCA was written.
But my point isn’t that there’s political will to make a change, but that the judiciary really doesn’t have the capacity to rule any other way than the obvious “you can’t do this”. It would be a completely wild precedent for this case to somehow result in a ruling that it’s fair use based on the actual law and the history of previous rulings.
Yep. Libraries can’t just buy an ebook like they can buy a book. They have to negotiate a contract with the copyright holder to be able to lend them out.