A federal appeals court has upheld a lower court’s ruling that the Internet Archive’s Open Library program constitutes copyright infringement. This program, which allows users to “check out” e-books that correspond to physical copies held by the Internet Archive, came under legal scrutiny four years ago when major publishers — Hachette Book Group, HarperCollins Publishers, John Wiley & Sons, and Penguin Random House — filed a lawsuit against the organization. The lawsuit argued that the digital lending service was a clear case of “willful mass copyright infringement,” severely violating the Copyright Act and amounting to digital piracy on a large scale.
The Open Library program is fairly unique because, unlike typical e-books, it offers digital versions of physical books that the Internet Archive actually owns. This setup is somewhat analogous to how paper currency used to represent physical gold reserves, making the digital books in this program anchored to real-world assets.
Chris Freeland from the Internet Archive expressed disappointment over the court’s decision. He noted, “We are disappointed in today’s opinion about the Internet Archive’s digital lending of books that are available electronically elsewhere. We are reviewing the court’s opinion and will continue to defend the rights of libraries to own, lend, and preserve books.” He also urged supporters to sign an open letter to help restore access to the hundreds of thousands of affected books.
This ruling, however, might not be the final chapter in this legal saga. There remains a possibility that the Supreme Court could be called upon to review the case, setting a potential stage for further developments.
If you are interested in supporting the Internet Archive or wish to stay informed about this ongoing issue, there are additional resources available to explore. This situation highlights not just legal questions, but broader issues about access to information in the digital age.
