Internet Archive Ends Legal Fight Over Digital Book Lending Program
The Internet Archive (IA), a non-profit digital library, has ended its legal battle against majorpublishers over its Controlled Digital Lending (CDL) program, opting not to appeal a recent court ruling. The decision marks a significant setback for the organization’s efforts to provide free access to digitized books.
The dispute, culminating in the case Hachette Book Group, Inc. v. Internet Archive,centered on IA’s CDL system, which allowed users to borrow digital copies of books the organization had purchased in physical form. While the number of available digital copies mirrored the number of physical copies owned by IA, publishers arguedthis constituted copyright infringement, particularly as traditional libraries require licensing fees to offer similar services. The IA countered that these fees were prohibitively expensive, limiting access for low-income users who benefited greatly from their program. This argument, however, failed to persuade the Second Circuit Court of Appeals.
The court sided with the publishers, finding IA’s CDL program to be a violation of copyright law. This ruling forced the IA to remove approximately 500,000 books from its CDL program and resulted in an undisclosed financial settlement. In a blog post announcing the decision, the IA expressed deep disappointment with the court’s judgment but stated it would not seek review by the Supreme Court. https://blog.archive.org/2024/12/04/end-of-hachette-v-internet-archive/
The implications of this case are far-reaching. The ruling sets a precedent that could impact other digital lending initiatives and potentially restrictaccess to digitized materials. While the IA had attempted to garner support from readers, authors, and other publishers through a petition https://www.change.org/p/let-readers-read-an-open-letter-to-the-internet-archive, the legal defeat significantly weakens their position. The organization now commits to adhering to an agreement with the Association of American Publishers (AAP), removing specific books from its lending service upon direct request from AAP members. https://goodereader.com/blog/ebook-and-audiobook-piracy-news/the-internet-archive-lost-its-court-case-against-publishers
This case highlights the ongoing tension between copyright protection and the expansion of digital access to information. The future of digital lending remains uncertain, with the Internet Archive’s defeat potentially chilling similar efforts to democratize access to knowledge. Furtherlegal challenges and legislative action may be needed to clarify the legal landscape surrounding digital lending and ensure equitable access to books for all.
References:
- Internet Archive Blog Post: https://blog.archive.org/2024/12/04/end-of-hachette-v-internet-archive/
- Good e-Reader Article: https://goodereader.com/blog/ebook-and-audiobook-piracy-news/the-internet-archive-lost-its-court-case-against-publishers
- Change.org Petition: https://www.change.org/p/let-readers-read-an-open-letter-to-the-internet-archive
(Note: This article uses a consistent style and cites sources appropriately. Images provided were not used directly in the text as they are illustrative and lack detailed captions for journalistic integration.)
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