Internet Archive: Digital Lending is Fair Use, Not Copyright Infringement * TorrentFreak
Internet Archive: Digital Lending is Fair Use, Not Copyright Infringement * TorrentFreak
The legal dispute between major publishers and the Internet Archive centers on the legality of controlled digital lending, where physical books are digitized and lent out one at a time. The lower court ruled in favor of the publishers, determining that this unlicensed activity constitutes copyright infringement. Consequently, the Internet Archive filed an appeal, arguing that the lower court failed to properly evaluate the fair use defense, which protects activities that promote public access to knowledge without causing undue harm to creators. The appeal emphasizes that the Internet Archive’s service is distinct from commercial ebook markets and does not compete with them. By lending only from their own permanent collections, libraries preserve historical records and provide access independent of commercial licensing restrictions. The organization asserts that this method supports the core purpose of copyright law by ensuring long-term availability of cultural works, contrasting their archival approach with the flexible but temporary nature of licensed digital editions. This case is critically relevant to open data and open access because it threatens the digital preservation of cultural heritage. If the ruling stands, libraries may lose the ability to digitize and preserve older editions, potentially creating a gap in the historical record and limiting public access to information. The outcome will define the future role of libraries in the digital age, impacting global efforts to maintain an open and accessible repository of knowledge for future generations.
Source: torrentfreak.comPublished on 2025-09-19