'What Publishers Had to Say About Internet Archive’s Sales Data Demand' by TorrentFreak torrentfreak copyright
regarding the sales performance of books. IA wants to counter the publishers' lawsuit by showing that its lending library did no harm but the publishers describe the request as not only "burdensome in the extreme" but also "irrelevant".
They say that IA now wants access to data related to more than 500,000 additional books, complaining that it only wants access because the data it has obtained thus far doesn’t support its theory of no market harm. “Even worse, IA’s quest rests on the palpably false theory that it can quantify the harm caused by its infringement by comparing the sales of completely different books. Books are not interchangeable widgets and marketplace performance is driven by countless indeterminate and changing facts.
“Here, IA self-evidently harms Plaintiffs’ existing markets by refusing to pay the customary fees that aggregators pay to distribute the same ebooks to library borrowers. The market harm compounds as others engage in the activity, destroying the vibrant market for licensed library ebook lending that currently exists. None of the requested data, or so-called ‘comparables,’ is necessary to or even related to this category of market harm.
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