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

The core conclusion is that the Internet Archive’s appeal challenges the ruling that its controlled digital lending constitutes copyright infringement, arguing instead that the practice is a protected form of fair use. This legal battle defines whether digital library services can operate without commercial licensing while maintaining the traditional library principle of one-to-one lending, a model that balances public access with copyright holders' rights. A central argument focuses on the distinction between commercial ebook licensing and non-profit digital preservation. The Internet Archive contends that its service does not harm the market because it allows libraries to lend their owned physical copies digitally, preserving older editions and historical records in ways that flexible commercial licenses cannot. By emphasizing that this method prevents reliance on ever-changing commercial availability, the archive positions its operations as a vital complement to, rather than a substitute for, the existing ebook lending ecosystem. This case is critically relevant to open data and open access communities because it sets a precedent for the longevity and accessibility of digital information. If the lower court’s decision stands, it could severely restrict the ability of libraries and archives to digitize and preserve cultural heritage without explicit permission from rightsholders. Ultimately, the outcome will determine whether open, controlled access to knowledge remains a viable public resource or becomes subject to the restrictive licensing models of commercial publishers.

Source: torrentfreak.com
Published on 2025-02-19