Internet Archive loses appeal over eBook lending

The Internet Archive has lost its appeal in a legal battle regarding its practice of lending scanned ebooks without publisher consent. The Second Circuit Court of Appeals ruled that allowing the Internet Archive to operate its digital library would lead to widespread copying that undermines creators' compensation and disincentivizes new works. This decision stems from a lawsuit initiated in 2020 by major publishers, including Hachette and Penguin Random House, who accused the Internet Archive of "willful digital piracy." The Internet Archive's Open Library had previously operated under a controlled digital lending model, where each loan corresponded to a physical book owned by a library. However, during the COVID-19 pandemic, it expanded its offerings through the National Emergency Library, allowing unlimited access to ebooks, prompting the publishers' lawsuit. The court acknowledged the benefits of the Internet Archive's services but ultimately sided with the publishers, emphasizing the need to balance access to creative works with authors' rights to compensation. Following the ruling, the Internet Archive expressed disappointment and indicated plans to continue advocating for libraries' rights to lend and preserve books.

- The Internet Archive lost its appeal over ebook lending rights.

- The court ruled that lending without publisher consent undermines creator compensation.

- The lawsuit was initiated by major publishers in response to the Internet Archive's expanded services during the pandemic.

- The ruling highlights the balance between access to works and authors' rights.

- The Internet Archive plans to continue its advocacy for library lending rights.