Sunday, June 23, 2024

Expect a fight…

https://arstechnica.com/tech-policy/2024/06/internet-archive-forced-to-remove-500000-books-after-publishers-court-win/

Internet Archive forced to remove 500,000 books after publishers’ court win

As a result of book publishers successfully suing the Internet Archive (IA) last year, the free online library that strives to keep growing online access to books recently shrank by about 500,000 titles.

To restore access, IA is now appealing, hoping to reverse the prior court's decision by convincing the US Court of Appeals in the Second Circuit that IA's controlled digital lending of its physical books should be considered fair use under copyright law. An April court filing shows that IA intends to argue that the publishers have no evidence that the e-book market has been harmed by the open library's lending, and copyright law is better served by allowing IA's lending than by preventing it.

"We use industry-standard technology to prevent our books from being downloaded and redistributed—the same technology used by corporate publishers," Chris Freeland, IA's director of library services, wrote in the blog. "But the publishers suing our library say we shouldn’t be allowed to lend the books we own. They have forced us to remove more than half a million books from our library, and that’s why we are appealing."





Another law. Still no consensus?

https://pogowasright.org/minnesota-enacts-comprehensive-state-privacy-law/

Minnesota Enacts Comprehensive State Privacy Law

Hunton Andrews Kurth writes:

On May 24, 2024, Governor Tim Walz signed H.F. 4757 into law, enacting the Minnesota Consumer Data Privacy Act (“MNCDPA” or “Act”). The MNCDPA will take effect on July 31, 2025.
Applicability
The MNCDPA applies to:
  • Legal entities that conduct business in Minnesota or produce products or services that are targeted to residents of Minnesota, and that satisfy one or more of the following thresholds: (1) during a calendar year, controls or processes personal data of 100,000 consumers or more, excluding personal data controlled or processed solely for the purpose of completing a payment transaction; or (2) derives over 25 percent of gross revenue from the sale of personal data and processes or controls personal data of 25,000 consumers or more.
  • A controller or processor acting as a “technology provider” under Minnesota law (e., certain persons who contract with a public educational agency or institution).
The MNCDPA applies to Minnesota consumers (i.e., Minnesota residents who act only in an individual or household context and not in a commercial or employment context). The MNCDPA contains numerous exemptions, including exemptions for state or federally chartered banks or credit unions and certain affiliates or subsidiaries, certain insurance companies, nonprofit organizations established to detect and prevent insurance fraud, data subject to the Gramm-Leach-Bliley Act; PHI under HIPAA, and certain air carriers. Small businesses as defined by the U.S. Small Business Administration are exempt except from the Act’s sale of sensitive data requirements.

Read more at Privacy & Information Security Law Blog.



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