Internet Archive's Appeal Over Ebook Lending Rejected by Court

The Internet Archive's Legal Setback

The Internet Archive has lost its appeal in a pivotal legal battle regarding ebook lending. The Second Circuit Court of Appeals determined that allowing the Archive's lending practices would result in widescale copying, which undermines the compensation owed to authors. This decision marks another significant defeat for the Internet Archive in the ongoing Hachette v. Internet Archive case.

The Controversial Lending Practices

The Internet Archive operates a service known as the Open Library, enabling users to check out digital scans of physical books. This concept is based on controlled digital lending, where each loan corresponds with a purchased book. However, during the COVID-19 pandemic, the Archive expanded its services through the National Emergency Library, providing unrestricted access to books, which prompted a lawsuit from major publishers.

The Court's Ruling Explained

• The decision balances the benefits of library access against authors' rights.
• The Court acknowledged that while ebook licensing can burden libraries, it is essential for authors to receive compensation.
• Last year’s ruling already indicated that the Internet Archive does not possess the right to digitize and lend books like a traditional library.

Continued Advocacy by the Internet Archive

Chris Freeland, director of library services, expressed disappointment with the ruling, emphasizing their commitment to defending libraries' rights to lend and preserve books. He highlighted efforts to restore access to the 500,000 books impacted by the publishers' restrictions.