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https://www.eff.org/press/releases/internet-archive-files-appeal-brief-defending-libraries-and-digital-lending-big>
"SAN FRANCISCO—A cartel of major publishing companies must not be allowed to
criminalize fair-use library lending, the Internet Archive argued in an
appellate brief filed today.
The Internet Archive is a San Francisco-based 501(c)(3) non-profit library
which preserves and provides access to cultural artifacts of all kinds in
electronic form. The brief filed in the U.S. Court of Appeal for the Second
Circuit by the Electronic Frontier Foundation (EFF) and Morrison Foerster on
the Archive’s behalf explains that the Archive’s Controlled Digital Lending
(CDL) program is a lawful fair use that preserves traditional library lending
in the digital world.
“Why should everyone care about this lawsuit? Because it is about preserving
the integrity of our published record, where the great books of our past meet
the demands of our digital future,” said Brewster Kahle, founder and digital
librarian of the Internet Archive. “This is not merely an individual struggle;
it is a collective endeavor for society and democracy struggling with our
digital transition. We need secure access to the historical record. We need
every tool that libraries have given us over the centuries to combat the
manipulation and misinformation that has now become even easier.”
“This appeal underscores the role of libraries in supporting universal access
to information—a right that transcends geographic location, socioeconomic
status, disability, or any other barriers,” Kahle added. “Our digital lending
program is not just about lending responsibly; it’s about strengthening
democracy by creating informed global citizens."
Through CDL, the Internet Archive and other libraries make and lend out digital
scans of print books in their collections, subject to strict technical
controls. Each book loaned via CDL has already been bought and paid for, so
authors and publishers have already been fully compensated for those books; in
fact, concrete evidence shows that the Archive’s digital lending—which is
limited to the Archive’s members—does not and will not harm the market for
books.
Nonetheless, publishers Hachette, HarperCollins, Wiley, and Penguin Random
House sued the Archive in 2020, claiming incorrectly that CDL violates their
copyrights. A judge of the U.S. District Court for the Southern District of New
York in March granted the plaintiffs’ motion for summary judgment, leading to
this appeal."
Via Rixty Dixet.
Cheers,
*** Xanni ***
--
mailto:xanni@xanadu.net Andrew Pam
http://xanadu.com.au/ Chief Scientist, Xanadu
https://glasswings.com.au/ Partner, Glass Wings
https://sericyb.com.au/ Manager, Serious Cybernetics
