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Internet Archive loses e-book copyright case

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Quote

In a swift decision, a three-judge panel of the Second Circuit Court of Appeals has unanimously affirmed a March 2023 lower court decision finding the Internet Archive's program to scan and lend print library books is copyright infringement. In an emphatic 64-page decision, released on September 4, the court rejected the Internet Archive's fair use defense, as well as the novel protocol known as "controlled digital lending" on which the Archive's scanning and lending is based.

Quote

"We conclude that IA's use of the Works is not transformative," the decision states. "Instead, IA's digital books serve the same exact purpose as the originals: making authors' works available to read. IA's Free Digital Library is meant to―and does―substitute for the original Works," the ruling continues, adding that "to construe IA's use of the Works as transformative would significantly narrow―if not entirely eviscerate―copyright owners' exclusive right to prepare (or not prepare) derivative works."

Publishers Weekly

 

This is so sad. If it gets taken down, god knows the ammount of information we'll lose. :gaycat7:

such a shame. i'm even more worried about the lawsuit they have against their music and video library which could bankrupt them

I hope there's some sort of backup plan for the Internet Archive :tornado: 

This could be our digital equivalent of the burning of Alexandria's library. So much history could be potentially lost. 

The Internet Archive is a treasure trove of lost media. I would be so gutted if it was taken down and all because of money :ace:

The Internet Archive is such a blessing. Why would they take it down? :suburban:

Not defending the lawsuit but this courtcase is not about taking down the internet archive as a whole.

 

But instead just their ebook lending section. The court rulung is that program must end and then they will have to have to pay the plaintiff's prosecutor's fees.  The ruling isn't about the site as a whole

 

Publishers turned a blind eye when IA was only lending one digital copy per copy they owned even through it clearly broke copyright law  but during the covid they lifted the restriction and lent unlimited copies. As a result, publisher took them to court.

Edited by cat1867

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