I didn't think the Internet Archive would prevail in the lawsuit against its National Emergency Library (NEL) even though the NEL was designed to replace the services of regular libraries forced to close by the pandemic. And it hasn't. As this article notes, however, the idea of Controlled Digital Lending (CDL) itself is under attack; this is the practice of purchasing a book, digitizing it, and then lending access to that digitized copy on a controlled basis (so the idea is you're not lending out access to more copies than you own).
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