Internet Archive: Digital Lending is Fair Use, Not Copyright Infringement * TorrentFreak

The conflict between the Internet Archive and major publishers centers on whether digitizing physical books for controlled digital lending constitutes fair use. The lower court ruled against the Archive, granting summary judgment to publishers who argue that unlicensed digitization causes financial harm and infringes copyright. However, the Archive has appealed, contending that its model mirrors traditional library lending by ensuring one copy is lent at a time, thereby supporting public access to knowledge without replacing the commercial market. The core of the Archive’s defense lies in distinguishing its service from commercial ebook licensing. It argues that controlled digital lending preserves permanent, historical collections and ensures access to older editions independent of publisher availability. This approach allows libraries to maintain accurate historical records and provide stable access, whereas licensed models offer flexibility but lack the permanence required for long-term cultural preservation. The Archive emphasizes that this method does not harm authors or publishers, but rather complements existing ecosystems by serving needs that commercial licenses do not address. This case is critical for open data and digital infrastructure because it determines the legal boundaries of preserving public knowledge in the digital age. A ruling against the Internet Archive could restrict how institutions archive and share information, potentially limiting the long-term availability of diverse works. The outcome will shape whether libraries and archives can continue to digitize and lend physical copies, impacting the global accessibility of scholarly and cultural resources for future generations.

Source: torrentfreak.com
Published on 2025-01-19

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