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

The Internet Archive is appealing a lower court ruling that found its controlled digital lending program liable for copyright infringement, a decision the publishers argue constitutes mass infringement while the Archive defends as protected fair use. The core dispute centers on whether digitizing physical books for time-limited lending undermines commercial ebook markets, with the court siding with publishers who claim financial harm from an unlicensed operation. The Archive argues that its model serves a distinct public interest by preserving permanent collections and ensuring access to historical records without relying on commercial aggregators. By emphasizing that libraries must own the physical source material, the defense asserts that this practice promotes knowledge sharing and does not substitute for licensed ebooks, thereby aligning with copyright’s fundamental goal of benefiting the public. This case is critical to open data and digital preservation because it determines the legal viability of non-profit digital archiving in the modern era. If the ruling stands, it could severely restrict libraries' ability to digitize and lend materials, potentially threatening the long-term accessibility of cultural heritage and challenging the infrastructure that supports open, permanent access to information.

Source: torrentfreak.com
Published on 2025-08-19

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

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