Appeals court seems lost on how Internet Archive harms publishers

The Internet Archive (IA) went before a three-judge panel Friday to defend its open library's controlled digital lending (CDL) practices after book publishers last year won a lawsuit claiming that the archive's lending violated copyright law.

In the weeks ahead of IA's efforts to appeal that ruling, IA was forced to remove 500,000 books from its collection, shocking users. In an open letter to publishers, more than 30,000 readers, researchers, and authors begged for access to the books to be restored in the open library, claiming the takedowns dealt "a serious blow to lower-income families, people with disabilities, rural communities, and LGBTQ+ people, among many others," who may not have access to a local library or feel "safe accessing the information they need in public."

 

Here is the Open letter:

Dear Publishers,


We, the undersigned, are lifelong beneficiaries of libraries. We are avid readers, educators, researchers, librarians, authors, publishers and lifelong learners whose lives and communities have been transformed by public access to knowledge. In light of the ongoing legal battle in Hachette v. Internet Archive, we are writing to urge you to reconsider your stance and restore our access to the books that you have caused to be removed from the Internet Archive’s lending collection.


For more than twenty years, the Internet Archive has empowered students, teachers, and readers around the world, providing access to a vital library of books, many of which are otherwise inaccessible to readers due to geographical, financial, or physical constraints.


Your decision to remove books from the Internet Archive is having a devastating impact on readers in the US and around the world, with far-reaching implications:


1. Educational Impact: Students, scholars, and educators rely on the Internet Archive for access to research materials and literature that support their learning and academic growth, particularly in underserved communities where access is limited. Your removal of these books impedes academic progress and innovation, as well as imperiling the preservation of our cultural and historical knowledge.


2. Equity and Accessibility: The Internet Archive democratizes access to knowledge. By restricting access to these books, you have made it harder for the most vulnerable people in our society to read and learn. Not everyone has a local library, can afford to travel to one, feels safe accessing the information they need in public, or can ignore the potentially life-altering repercussions when tech platforms collect data on their reading habits. Your removal of more than 500,000 books from public access is a serious blow to lower-income families, people with disabilities, rural communities, and LGBTQ+ people, among many others. 


3. Cultural Preservation: Libraries’ digital preservation of books ensures that our cultural heritage is maintained for future generations. In order to preserve digital books, libraries must be allowed to own them, not just license them short-term. Your attack on the rights of libraries is an attack on cultural preservation. 


We understand the importance of protecting authors' rights and ensuring fair compensation for their work. There is a way to achieve these goals while still allowing libraries to do what they have always done—help readers read. We urge you to explore solutions with the Internet Archive that support both authors and the public good, such as selling eBooks to libraries to own, lend, and preserve.


In the spirit of fostering a more equitable, informed, and connected world, we respectfully ask you to restore access to the books you’ve taken down, and work with the Internet Archive to find a sustainable solution that empowers everyone in our society to read and learn.

 

Learn more about this case here.

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