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Internet Archive Files Final Reply Brief in Lawsuit Defending Controlled Digital Lending

Internet Archive Blogs: “On Friday, October 7, the Internet Archive filed a reply brief against the four publishers that sued Internet Archive in June 2020: Hachette Book Group, HarperCollins Publishers, John Wiley & Sons, and Penguin Random House. This is the final brief in support of our motion for summary judgment (our previous motions can be found here and here) where we have asked the Court to dismiss the lawsuit because our lending program is a fair use. The lawsuit was filed against Internet Archive in 2020 because of “anger among publishers” about digital lending by libraries. The publishers are urging the court to declare that “controlled digital lending is not a defense to copyright infringement” and is unlawful under United States law. They allege that controlled digital lending deprives them of the opportunity to obtain millions of dollars in additional “revenues from both public and academic libraries” through expensive ebook licensing schemes. Unwilling to confront library lending on its own terms–as an obviously not-for-profit exercise in expanding access to information–they claim that our lending is “commercial” and “does not serve the type of ‘educational purpose’ recognized under the Copyright Act.”…

See also via LLRX – Fenced-off culture, the privatized Internet, and why book publishers lean on a 30-year-old doctrineAndy Oram, prolific author, editor, publisher, and technical expert on all aspects of computing, undertook an extensive examination of a game changing case, Hachette v. Internet Archive, that may dismantle this unique, invaluable digital library. In this article Oram examines what the publishers are trying to protect and why they have to wield a large and heavy cudgel to protect it. His inquiry leads to a look at how culture has been privatized as it has become digitized—an effect quite opposed to the hopes of most public advocates who maintain the view that the Internet and the World Wide Web should remain focused on public access, not private sector monetization.

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