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this post was submitted on 27 Oct 2024
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I'm no lawyer, but I can't really find a way that fair use is applicable in this case. Also point 4 is taken into consideration here. And no I obviously don't agree that games shouldn't be allowed in libraries. The law should be changed. I just don't see how fair use is relevant.
See also first sale doctrine:
“Lending of physical books held by the library is permitted under the first sale doctrine. In other instances, such as making copies of articles and checking them out to students, libraries may rely on fair use to justify course reserves. A recent landmark case related to electronic reserves is Cambridge v. Patton, in which a group of publishers sued Georgia State University for their liberal e-reserves policy. The courts held GSU to be the prevailing party, finding fair use in the majority of alleged infringements”
https://guides.library.oregonstate.edu/copyright/libraries#:~:text=to%20course%20reserves%3F-,A.,use%20to%20justify%20course%20reserves.
See also Ben Franklin:
https://www.smithsonianmag.com/history/how-ben-franklin-invented-library-as-we-know-it-180983983/
Interesting.
If you click the first link under :
http://www.copyright.gov/title17/92chap1.html#109
You get a legal text which is almost completely unreadable to me.
But the law explicitly mentions video games:
Do I understand the section above that? Hell no. It's in a foreign language to me (literally and figuratively).
I feed the entire section to chatGPT and asked it about libraries and video games. It says that video games generally aren't allowed to be lend at libraries. It's AI so take it with a grain of salt but to be fair LLMs are pretty good at analysing large amounts of text like this. But if you can read it, I encourage you to do that instead.