Internet Archive's digital book lending violates copyright, US judge rules

Internet Archive's digital book lending violates copyright, US judge rules

A federal judge ruled that the Internet Archive infringed copyrights by scanning and lending digital copies of protected books, rejecting its claim of "fair use." The court determined that digitizing physical copies without transformation does not justify bypassing licensed digital editions, establishing that the nonprofit cannot legally scan and bulk-distribute copyrighted works even if it owns the physical originals. This decision highlights the tension between traditional copyright frameworks and modern digital accessibility models. It challenges the concept of "controlled digital lending," suggesting that existing laws do not easily accommodate the scaling of library services into the digital realm without explicit permission from rights holders, potentially limiting how organizations can expand access to information online. For open data and open access advocates, this case is critical as it sets a precedent for the scalability of non-commercial digital sharing. It underscores the legal risks involved in digitizing copyrighted materials without licenses, impacting efforts to create universally accessible digital repositories. The ruling emphasizes that technical innovation in preservation and lending must navigate strict copyright boundaries, affecting future initiatives aimed at democratizing knowledge through digital platforms.

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