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.
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 accurate cleaned numbers list from frist database 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.”
As the reply brief explains, the Internet Archive is indisputably a non-profit organization whose free lending program–like all library lending–serves a noncommercial, educational mission: to expand access to knowledge. And there is no evidence that controlled digital lending harmed their sales or profits at all–as the brief argues, “rather than making use of their unfettered access to more than a decade of empirical data, [the publishers] simply assert that market harm is ‘self-evident.’” Indeed:
“All that CDL does, and all it can ever do, is offer a limited, digital alternative to physically handing a book to a patron. Libraries deciding how to meet their patrons’ needs for digital access to books are not making a choice between paying ebook licensing fees or getting books for free. Libraries pay publishers under either approach—but digital lending lets libraries make their own decisions about which books to circulate physically, and which to circulate digitally instead. That choice means that librarians can continue to maintain permanent collections of books, to preserve those books in their original form for future generations, and to lend them to patrons one at a time, as they have always done. “
he DMCA Safe Harbors, while imperfect, have been essential to the ability of libraries, nonprofits, and others to develop public-interest-minded spaces online. And while much has changed since the DMCA’s enactment, it is as important as ever that our legal and regulatory systems allow library and other public interest spaces to flourish online.
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June Book Talk: The Catalogue of Shipwrecked Books
Posted on June 10, 2022 by Chris Freeland
“Wilson-Lee’s pioneering study makes Hernando’s life every bit as compelling as his father’s. But that is not all: as we accompany Hernando on his various European journeys of compulsive acquisition, we are not only led through a richly evoked early modern world, but also prompted to reflect on our own data-saturated age.” —The Times Literary Supplement
The Internet Archive invites you to watch a book talk with Edward Wilson-Lee, author of The Catalogue of Shipwrecked Books: Christopher Columbus, His Son, and the Quest to Build the World’s Greatest Library, followed by a conversation with Brewster Kahle, founder of the Internet Archive.
Purchase your copy from The Booksmith, our local bookstore.
In The Catalogue of Shipwrecked Books, Edward Wilson-Lee tells the compelling story of Hernando Colón, who sailed with his father Christopher Columbus on his final voyage to the New World, a journey that ended in disaster, bloody mutiny, and shipwreck. After Columbus’s death in 1506, eighteen-year-old Hernando sought to continue—and surpass—his father’s