Internet Archive: Digital Lending is Fair Use, Not Copyright Infringement * TorrentFreak
The dispute between major publishers and the Internet Archive centers on the legality of controlled digital lending, a service that allows non-profit libraries to scan physical books and lend digital copies one-at-a-time. While publishers argue this unlicensed practice constitutes mass copyright infringement that harms their commercial markets, the Internet Archive defends its operations as essential to preserving public knowledge and historical records in the digital age. The core conflict revolves around whether this lending model qualifies as fair use. The Internet Archive argues that its service is fundamentally distinct from commercial ebook licensing because it preserves permanent collections and provides access to older editions without publisher gatekeeping. They contend that there is no financial harm to rightsholders and that the practice promotes the sharing of knowledge, whereas the lower court ruled against them, citing potential market substitution and lack of proper licensing. This case is critical to open data and open access communities because it threatens the precedent of digital preservation and equitable public access to information. A ruling against the Internet Archive could restrict the ability of libraries worldwide to digitize and lend materials, effectively ceding control of digital heritage to commercial entities. It establishes whether the traditional library model of owning a copy to lend can survive in an era where digital rights management often limits such practices, setting a vital precedent for future digital openness.
Source: torrentfreak.comPublished on 2023-12-19