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A federal appeals court affirmed that the Internet Archive infringed copyright by digitally lending books without permission, rejecting its fair use defense. This ruling establishes that commercial publishers’ rights to control distribution and receive compensation supersede the Archive’s claim that emergency digital access constituted fair use during the pandemic. The decision impacts open data by highlighting the tension between unrestricted information access and legal frameworks protecting intellectual property. It signals that automated or large-scale digitization efforts must strictly adhere to copyright laws, complicating initiatives that aim to provide free, universal access to copyrighted creative works without explicit licensing agreements. Relevance to open data lies in the precedent it sets for digital repositories. Institutions seeking to expand open access must navigate complex legal boundaries, ensuring that digital preservation and lending programs do not violate existing copyright protections, thereby influencing how open knowledge ecosystems are structured and legally protected.

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Published on 2024-09-11

Open Data

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