Condenan a Internet Archive por infringir derechos de autor tras denuncias de editoriales
A federal judge in New York ruled in favor of the major publishers in the lawsuit against the Internet Archive, determining that the mass creation and distribution of digital copies during the pandemic health emergency violated copyright law. The decision rejected the organization’s “fair use” argument, emphasizing that converting physical books into electronic formats and making them available without waitlists constituted the creation of derivative material, thereby exceeding the traditional boundaries of library lending. The ruling clarifies that libraries must respect licensing agreements and pay publishers for continued use of digital copies, maintaining the one-user-at-a-time restriction. This decision jeopardizes the controlled lending model previously implemented by the Internet Archive, demonstrating that emergency exceptions do not justify overriding copyright protections or substantially modifying intellectual property rights without explicit consent. This case is crucial for the open data and free culture movements, as it defines the legal limits of digitization and universal access to information. For advocates of open knowledge, this precedent suggests that free-access infrastructure must operate strictly within existing intellectual property frameworks, complicating efforts to expand access to academic and cultural resources without directly negotiating with rights holders.
Source: biobiochile.clPublished on 2023-03-28
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