September 11th, 2024

Why a ruling against the Internet Archive threatens the future of libraries

A US court ruling against the Internet Archive limits libraries' digital lending capabilities, increasing costs and undermining fair use, prompting advocates to seek Congressional intervention for equitable access to resources.

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Why a ruling against the Internet Archive threatens the future of libraries

A recent ruling by the US Second Circuit Court against the Internet Archive, favoring publisher Hachette, poses significant challenges for American libraries and their digital lending capabilities. Traditionally, libraries could lend physical books freely after purchase, but the digital landscape has shifted this paradigm. Libraries now face high costs for e-books, needing to pay multiple fees to aggregators and purchase individual copies at inflated prices, often with limited loan periods. This financial strain is exacerbated by the ruling, which restricts libraries' ability to utilize controlled digital lending (CDL), a method where libraries lend digital copies of books they already own physically. The court's decision undermines the fair use doctrine, crucial for educational and creative purposes, and places libraries at the mercy of corporate publishers, limiting access to knowledge and infringing on privacy. The ruling threatens to deepen inequalities in access to information, particularly for underserved communities. Advocates argue that Congress must intervene to protect libraries and ensure equitable access to digital resources, as the current legal framework fails to support the evolving needs of public libraries.

- The ruling against the Internet Archive limits libraries' access to digital lending.

- Libraries face increased costs and restrictions on e-book lending due to corporate control.

- Controlled digital lending (CDL) is threatened, impacting access to knowledge.

- The decision undermines the fair use doctrine, crucial for education and creativity.

- Advocates call for Congressional action to protect libraries and ensure equitable access.

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By @pcaharrier - 3 months
The headline strikes me as a little sensational (but hey, what are headlines for?) since "the future of libraries" isn't really at stake. If the Internet Archive decision stands it certainly could end other controlled digital lending programs of works that are still under copyright. But (at least for now) that seems a far cry from being the end of libraries as we know them.