Aug 14, 2023 13:45:00

The Internet archive will lose the case and the lending of the electronic library will be greatly restricted, and the Internet archive will appeal

The Internet Archive,

a non-profit organization that records and stores various digital information such as websites and publishes it on the Internet, is an electronic library where you can borrow and read digital books like a library in March 2020.Library (National Emergency Library) was announced. A major publisher filed a lawsuit against this National Emergency Library, claiming that ``the National Emergency Library by Internet Archive is a copyright infringement,'' and the Federal District Court in New York accepted the publisher's claim. In response to this, the Internet archive side is showing a stance to appeal.

Our Fight is Far From Over | Internet Archive Blogs
https://blog.archive.org/2023/08/11/our-fight-is-far-from-over/

Publishers, Internet Archive agree to streamline digital book-lending case | Reuters
https://www.reuters.com/legal/litigation/publishers-internet-archive-agree-streamline-digital-book-lending-case-2023-08-11/

Internet Archive's Copyright Battle with Publishers Leads to Lending Restrictions * TorrentFreak
https://torrentfreak.com/internet-archives-copyright-battle-with-publishers-leads-to-lending-restrictions-230813/

The approximately 1.4 million books published at the National Emergency Library include works whose copyright has expired, as well as works in publication such as the 'Harry Potter' series, and users can read up to 10 books at a time. A system that can be borrowed. Just like in a real library, borrowed books can only be read by one user at a time. This National Emergency Library was opened to give learning opportunities to people who are waiting at home due to the city blockade due to the epidemic of the new coronavirus infection.

Internet archive publishes 1.4 million books that can be read for free - GIGAZINE

However, although the National Emergency Library is operated as a library by the Internet Archive, it does not have a license agreement with the publisher, but simply scans physical books and lends out the data based on its own system. Style. That's why major publishers Hachette Book Group, Penguin Random House, John Wiley & Sons, and HarperCollins allege that ``The Internet Archive's National Emergency Library is infringing copyright,'' said the Southern District of New York. appealed to the district court. And more than 6,000 authors support the publisher's claims.

``The Internet archive electronic library that can read about 1.4 million books for free is a copyright infringement,'' the publisher complains-GIGAZINE

The Internet Archive side claims that ``we are just lending out books as a library like a regular library,'' and that it is an attempt to criminalize the lending of books by libraries. submitted to court. In addition, on July 8, 2022, the Electronic Frontier Foundation filed a brief in support of the Internet Archive's complaint with federal court, stating, 'The Internet Archive's digital lending program is within fair use under copyright law. Yes, and the library lending service in the digital world is sustainable .'

And in March 2023, Judge John Kertl of the United States District Court said, ``The use of e-books in the Internet Archive complies with fair use standards not only when deploying the National Emergency Library, but also in the broader use of lending libraries. I have not,' said the Internet Archive's National Emergency Library, which issued a summary judgment acknowledging the publisher's claim that it was infringing copyright. The ruling also includes a permanent injunction effectively barring the Internet Archive from reproducing or distributing digital copies of 'covered books' without permission from the rights holders.

Internet archive lost in first trial of copyright lawsuit with major publisher over copyright of e-book - GIGAZINE

A particular problem with the Internet Archive is that the National Emergency Library and other publications are open to the public, attracting new members and soliciting donations. The District Court has determined that the Internet Archive donation program is not a non-commercial activity and is a commercial activity.

The District Court also directed both plaintiffs and defendants to discuss how the Internet Archive's own lending program could be changed. The draft agreement was submitted to the court on August 11, 2023. This will allow the Internet Archive to appeal.

TorrentFreak, a news site that is familiar with piracy, disagreed between the Internet archive side and the publisher side as to what the definition of the ``target book'' included in the judgment would be, and this definition was one of the points of contention in the second trial. I point out that it will.

The Internet Archive said in an official blog, ``Our battle is not over yet. We should allow libraries to own, store, and lend digital books outside the scope of temporarily permitted access I firmly hold the belief that it is,' he said, revealing that he plans to appeal.

'Today, libraries are under attack on an unprecedented scale, from book bans to funding cuts to overzealous lawsuits such as those against libraries,' said Brewster Kale, founder of the Internet Archive. These efforts cut off the public from accessing the truth at a critical time in our democracy.We must have strong libraries, which is why we appeal. It is,' he commented.