2nd Circuit says libraries disincentivize authoring books by lending for free

The Second Circuit Court has ruled that the Internet Archive's Open Library does not qualify as fair use, thereby infringing on publishers' copyrights. This decision suggests that libraries, by lending books for free, may disincentivize authors from writing new works. The court's ruling indicates that while lending books may benefit the public in the short term, it could lead to a lack of motivation for authors in the long run. The Open Library operates similarly to traditional libraries, lending out digital copies of books it legally obtains, but the court found that its digital copies do not transform the original works and serve the same purpose as the physical books. The ruling has raised concerns about the future of libraries and digital lending, as publishers have increasingly imposed high costs and restrictions on eBook licenses. The court did acknowledge that the Internet Archive's solicitation of donations does not render its activities commercial, but this did not protect it under the fair use doctrine. The decision has been criticized for potentially undermining the role of libraries and the accessibility of literature, as many authors have expressed that the Open Library has been instrumental in their research and writing processes.

- The Second Circuit ruled that the Internet Archive's Open Library infringes on copyright and does not qualify as fair use.

- The court suggested that free lending by libraries may discourage authors from writing new works.

- The ruling raises concerns about the future of libraries and digital lending practices.

- Publishers have imposed high costs and restrictions on eBook licenses, complicating access for libraries.

- Many authors have stated that the Open Library has been crucial for their research and writing.