The Fight Continues

Today’s lower court decision in Hachette v. Internet Archive is a blow to all libraries and the communities we serve. This decision impacts libraries across the US who rely on controlled digital lending to connect their patrons with books online. It hurts authors by saying that unfair licensing models are the only way their books can be read online. And it holds back access to information in the digital age, harming all readers, everywhere.

But it’s not over—we will keep fighting for the traditional right of libraries to own, lend, and preserve books. We will be appealing the judgment and encourage everyone to come together as a community to support libraries against this attack by corporate publishers. 

We will continue our work as a library. This case does not challenge many of the services we provide with digitized books including interlibrary loan, citation linking, access for the print-disabled, text and data mining, purchasing ebooks, and ongoing donation and preservation of books.

Statement from Internet Archive founder, Brewster Kahle:
“Libraries are more than the customer service departments for corporate database products. For democracy to thrive at global scale, libraries must be able to sustain their historic role in society—owning, preserving, and lending books.

This ruling is a blow for libraries, readers, and authors and we plan to appeal it.”

Take Action!

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Stand up for the digital rights of all libraries! Join the Battle for Libraries: https://www.battleforlibraries.com/ 

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52 thoughts on “The Fight Continues

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  4. Daniel Sauers

    Here’s the truth, the whole truth and nothing but the truth that I’m gonna tell Hachette that I warn everyone No infringements of any kind is intended. So once again The Internet Archive is not guilty or suspicious. That’s why I always stand with the Internet Archive. Not Hachette. I’m sorry for the inconvenience so I can’t research or preserve anything without the Internet Archive. I can only stick with the Internet Archive. I get a help from the Internet Archive. and I also always stand up for the digital rights of all libraries of the world! although I didn’t have money to donate yet. But I add everything to my favorites. By the way tell Hachette that I’ve been waiting for a Warner Bros. 100th Anniversary Book this year and I’ll get it off from ebay.

    Reply
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  12. Captain A. W. Mann

    Thanks, lads. Do what you can. There is a massive effort to archive as well. If it has to be decentralized, then so be it, but we’d rather that not happen.

    Reply
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  17. Adam

    Just wow, has the judge know that some books in a physical library have licensed digital versions as well? This means they are trying to retroactively apply licensing schemes to physical books just because those books have a licensed version.

    They have forgotten one important aspect, licensing restrictions that override copyright’s limitation only happens to the person or organization if that entity have signed the binding agreement. You cannot apply such licensing restrictions that overrides fair use to any entity that didn’t agree to the binding agreement.

    Reply
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  24. Aayu

    If a person can’t afford a book then he have right to read it online what’s wrong with this.
    Knowledge is necessary for everyone.

    Reply
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  29. Nathaniel

    If in the end you lose the war… have you everything from sites to software backed up? Please come back one day if you do end up losing. You’ve got to, for the sake of libraries and innocent people who care about the future.

    Reply
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  40. Joshua Taylor

    It was nice knowing you, IA. Time to shut down.

    Welcome to the Age of our corporate overlords, where information is paywalled.

    Reply
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  42. Mr Dane

    One day, someone will look back on history and see is a black wall of nothing. for History has been erased by power-hungry old men and women.

    Reply
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  49. Adam

    “Judge John G. Koeltl decided that the Internet Archive had done nothing more than create “derivative works,” and so would have needed authorization from the books’ copyright holders — the publishers — before lending them out through its National Emergency Library program.”

    They simply temporally remove the download limits of the books, retaining all other restrictions like preventing patrons from re-distributing the books and having a time limit before they become inaccessible on the user’s device. This merely acts as a temporary access, even after the NEL was shut down, users cannot keep it.

    “there is nothing transformative about [Internet Archive’s] copying and unauthorized lending,” and that copying these books doesn’t provide “criticism, commentary, or information about them.”

    The CDL system MUST have a copy (you cannot digitally lend out a physical book without digitizing it) but distributes as if there aren’t any unauthorized copies. And libraries don’t have to have criticism, commentary, or information about them in order to lend them. When a physical library obtains a book via buying them or via donations, they just register it to their system and have it on the bookshelf for anyone to read it, no changes to that book besides putting a due date of when to return.

    “there was no direct evidence, and that it was “irrelevant” that the Internet Archive had purchased its own copies of the books before making copies for its online audience”

    You cannot held the IA liable for simply running the CDL system and not having evidence of purchasing its own copies, they can obtain books via donations by other people. If whoever have stolen the book (shoplift, went to some shady site to obtain it illegally) prior to donating it to the IA, only that person should be held liable, the IA would be unaware of this person’s act. Furthermore, there must be proof that the IA knowingly and willfully obtain books from an illegal source, else this violates the Presumption of innocence, which implied via amendments Fifth, Sixth, and Fourteenth. See this: https://en.wikipedia.org/wiki/Presumption_of_innocence

    Reply

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