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

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

A US judge ruled that the Internet Archive infringed copyright by scanning and lending digital copies of books, rejecting its "fair use" defense. The court determined that providing bulk digital loans replaces licensed editions from publishers, lacking the necessary transformation to qualify for fair use protections. This decision clarifies that while owning a physical book allows for lending, it does not grant the right to digitize and distribute it widely. This ruling significantly impacts the concept of controlled digital lending, a model the Internet Archive used to expand access during library closures. By denying this practice for copyrighted works, the judgment protects traditional publishing revenue streams and licensing models. It establishes a legal precedent that limits how nonprofits can digitally share copyrighted materials, prioritizing publisher rights over unrestricted digital access. For the open data and open access communities, this case highlights the tension between digital preservation goals and strict copyright enforcement. It underscores the fragility of efforts to make knowledge freely available online when it conflicts with established intellectual property laws. The decision serves as a cautionary tale, emphasizing the need for robust legal frameworks that balance access with creator rights in the digital era.

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