Internet Archive's lost copyright lawsuit

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Ray
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Internet Archive's lost copyright lawsuit

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Internet Archive Blogs - 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.
verge article

Article from EFF that made my point so much better than I ever could have:
The Internet Archive is a nonprofit digital library, preserving and providing access to cultural artifacts of all kinds in electronic form. CDL allows people to check out digital copies of books for two weeks or less, and only permits patrons to check out as many copies as the Internet Archive and its partner libraries physically own. That means that if the Internet Archive and its partner libraries have only one copy of a book, then only one patron can borrow it at a time, just like other library lending. Through CDL, the Internet Archive is helping to foster research and learning by helping patrons access books and by keeping books in circulation when their publishers have lost interest in them.

Four publishers sued the Archive, alleging that CDL violates their copyrights. In their complaint, Hachette, HarperCollins, Wiley, and Penguin Random House claim CDL has cost their companies millions of dollars and is a threat to their businesses.

They are wrong. Libraries have paid publishers billions of dollars for the books in their print collections, and are investing enormous resources in digitization in order to preserve those texts. CDL helps ensure that the public can make full use of the books that libraries have bought and paid for. This activity is fundamentally the same as traditional library lending, and poses no new harm to authors or the publishing industry. Libraries have never been required to get permissions or pay extra fees to lend books. And as a practical matter, the data shows that CDL has not and will not harm the publishers' bottom line.

The Internet Archive and the hundreds of libraries and archives that support CDL are simply striving to serve their patrons effectively and efficiently, lending books one at a time, just as they have done for centuries. Copyright law does not prevent that lawful fair use. Indeed, it supports it.

On July 7, 2022, we filed a motion for summary judgment, asking the court to put an end to this dangerous lawsuit. On March 24, 2023, the court ruled against the Internet Archive, finding that the Internet Archive's CDL program was not a fair use. But the case is far from over -- the Internet Archvie plans to appeal, and EFF will continue to stand with it to defend this essential public service.
Battle for Libraries / How to help:
Most people know the Internet Archive because of the Wayback Machine, which is essential infrastructure of the internet. It’s an archive of the history of the internet with 700 billion pages.

In a similar way, the Internet Archive’s library provides an archive of out-of-print, midlist, local, and diverse texts in addition to popular books. 37 million of them. And anyone with an internet connection can check out whatever they’d like to read.

In many ways, this initiative is similar to the Brooklyn Public Library’s youth censorship circumvention efforts—but the Internet Archive’s library is accessible to everyone around the world, not just youth in the US.

The Internet Archive’s digital books also are used for citations on Wikipedia, underpinning yet another core digital public good.
I am *extremely* biased, but I think the work the Internet Archive does is astounding, and hearing of this ruling literally made my blood boil :angry:
I donate what I can spare to the Archive every year, but I felt this year it was even more needed than before.
Thoughts? Other perspectives? Had you already heard about this? Do you use the Archive often (other than for the Wayback Machine, which is our bread and butter :D)? What do you think about it and why?
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Cobra!
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Re: Internet Archive's lost copyright lawsuit

Post by Cobra! »

Sounds like another case of the middle men thinking they’re better than everyone else and bite the hands that feed them and spit on the food given.

Or perhaps it’s desperation settling in. In the age of the internet, you ultimately don’t need publishers to distribute work. They can help, sure, but if you know what you’re doing, you can cut out the middle men. This applies to every entertainment industry: games, books, music and even film. The way publishers function now, they’re obsolete. Some adapt to the age of the internet. Others do this, try to bend society to their liking.

Readers don’t need publishers, the internet archive doesn’t need publishers, the authors ultimately don’t need publishers. Publishers need all of the other 3 to survive, and they’re spitting in their faces.
Last edited by Cobra! on Wed Apr 05, 2023 1:02 am, edited 1 time in total.
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Re: Internet Archive's lost copyright lawsuit

Post by Blog47177 »

Cobra! wrote: Sat Apr 01, 2023 2:17 am Sounds like another case of the middle men thinking they’re better than everyone else and bite the hands that feed them and spit on the food given.

Or perhaps it’s desperation settling in. In the age of the internet, you ultimately don’t meed publishers to distribute work. They can help, sure, but if you know what you’re doing, you can cut out the middle men. This applies to every entertainment industry: games, books, music and even film. The way publishers function now, they’re obsolete. Some adapt to the age of the internet. Others do this, try to bend society to their liking.

Readers don’t need publishers, the internet archive doesn’t need publishers, the authors ultimately don’t need publishers. Publishers need all of the other 3 to survive, and they’re spitting in their faces.
Agreed there's also self publishing too. But then again it's all about who has the business skills. Also who has the Press Release skills is part of the issue here.
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OiStepanka
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Re: Internet Archive's lost copyright lawsuit

Post by OiStepanka »

What a nightmare! The Internet Archive does fantastic work and in a day and age where people can do so much themselves? How do publishers respond? By attacking the resources that make people independent of them. Like Blog47177 said, it does come down to who has the business skills. And I would like to add that we also have places like Fivver and Upwork where people offer these skill sets so we don't necessarily need the publishers in house skill sets either. For those who care about publishing work, I'd say look for those who worked for these places and became freelancers to the work on their own. They'd know the ins and outs. Hopefully the The Internet Archives appeal will be victorious because they help so many people.
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