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

The ongoing legal battle between the Internet Archive and major publishers centers on whether “controlled digital lending” constitutes copyright infringement or protected fair use. This dispute challenges the fundamental ability of libraries to digitize and lend physical books, raising critical questions about the intersection of traditional library practices and modern digital copyright enforcement. The lower court ruled in favor of the publishers, asserting that such activities infringe on their rights, while the Internet Archive argues its model supports public access without harming the market. The core argument hinges on the distinction between licensed ebook lending and the preservation of permanent digital collections. The Internet Archive contends that its service offers unique benefits by allowing libraries to maintain historical records of older editions and provide access independent of commercial availability. By requiring ownership of a physical copy before digitization, the organization maintains that it operates similarly to traditional libraries, thereby serving a transformative purpose that aligns with the foundational goals of copyright law rather than competing with existing ebook licensing models. This case is profoundly relevant to open data and open access movements because it threatens the viability of preserving knowledge in digital formats for future generations. A final ruling against the Internet Archive could set a precedent that restricts the digitization of public domain and out-of-print works, effectively limiting the growth of open repositories. The outcome will likely determine whether libraries can continue to serve as democratic archives of information in the digital age or if commercial licensing will monopolize access to cultural heritage.

Source: torrentfreak.com
Published on 2025-11-19

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

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