Court rules against Internet Archive in digital lending case

In a landmark legal battle with lasting implications for digital archives, the Internet Archive faced a setback when a federal appeals court ruled against its practice of offering free access to scanned books without the proper license. The decision, handed down by the Second Circuit Court of Appeals in Manhattan, underscores ongoing tensions between copyright holders and digital libraries.

The controversy began during the initial phase of the COVID-19 pandemic, when the Internet Archive took an unprecedented step. As physical libraries and schools closed across the country, the organization expanded its collection online, allowing public access to its digital archive of books. The move was intended to support continued learning and research in a time of crisis, but it quickly attracted legal scrutiny.

Major book publishers, who filed suit in 2020, argued that the Internet Archive’s actions constituted copyright infringement. The court’s affirmation of this view marks a significant victory for these publishers and could shape future regulations on the legality of digital content repositories.

The ruling not only impacts the Internet Archive, but also sets a legal precedent that could impact how digital materials are shared and accessed in the future, posing challenges for similar institutions that seek to democratize access to information online.

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By Robert K. Foster

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