The Internet Archive has lost its appeal in Hachette vs. Internet Archive (storage.courtlistener.com)

Article summary

The Internet Archive has lost its appeal in a lawsuit against Hachette, with the court ruling that its practice of scanning and lending ebooks is not protected by fair use. The decision may have implications for controlled digital lending. The case centered on the question of whether the Internet Archive's practice of scanning and lending ebooks is equivalent to traditional library lending. The court ultimately ruled that it is not, due to the creation of digital copies.

Main themes

• Copyright law
• Digital lending
• Fair use
• Library practices
• Publishing industry
• Intellectual property

What commenters say

• The Internet Archive's practice of scanning and lending ebooks is not significantly different from traditional library lending and should be protected by fair use.
• The creation of digital copies is a key distinction between the Internet Archive's practices and traditional library lending, and is not protected by fair use.
• The court's decision may have a chilling effect on the development of digital libraries and the availability of ebooks to the public.
• The publishing industry is using lawsuits to restrict the growth of digital libraries and maintain control over ebook distribution.
• The distinction between owning a physical book and owning a digital copy is crucial in determining the applicability of fair use and copyright law.
• The Internet Archive's actions were unnecessary and provocative, and triggered a lawsuit that they were likely to lose.
• The court's decision is a reasonable interpretation of current copyright law, and the Internet Archive's practices do not meet the criteria for fair use.
• The laws governing digital delivery were written to favor the interests of publishers, and do not adequately account for the needs of libraries and the public.