CDL Decision Round Two: The Good, the Bad, and the Ugly and Why There is Still Hope – Kyle K. Courtney

"the court’s analysis mostly centered on the specific facts of the case: IA lending digitized books that have a previously-existing licensed ebook market. I think that this slightly narrower scope of the decision—not exactly represented well in the press coverage—leaves room for future fair use arguments regarding the digitization and lending of books without a previously existing ebook market. 

This aspect of the decision, in a way, harkens back to the “core principles” of CDL from 2018 – when Dave Hansen and I co-authored “A White Paper on Controlled Digital Lending of Library Books.” The entire premise of that paper was based on a single premise: Not everything in library collections is digital – nor are many of the works going to make the jump to digital unleash libraries act.

So, despite the exaggerated rhetoric surrounding the paper and later, the case, CDL wasn;t designed library-sanctioned piracy. CDL is rooted in copyright and is designed to respect the rights of holders (we purchase the books) while expanding access to books (we loan the books)...."