The Internet Archive, a nonprofit digital library, is facing legal action from four major publishing houses over its Controlled Digital Lending (CDL) model. This model allows the right to lend one digitized copy of the book in their library’s possession to one person at a time. It is a system that has been adopted by several libraries in the United States.
However, when the Covid-19 pandemic forced physical libraries, schools, and other resources to close, the Internet Archive temporarily suspended this restriction and allowed multiple users to access a book or document at any time. The publishing houses, including HarperCollins Publishers LLC, Hachette Book Group Inc, John Wiley & Sons Inc, and Penguin Random House LLC, took action against the Internet Archive claiming that its practices – and in particular multiple borrower model introduced during the pandemic – constituted mass copyright infringement.
The case was brought to court, and on March 24 a federal judge sided with the publishing houses – ordering the Internet Archive to cease its practice of scanning and lending out digital copies of books and documents. The Internet Archive plans to appeal the ruling. They claim the judgment is a threat to all libraries that utilize the CDL model, expecting publishers to bring similar lawsuits against any library that use it.
The Internet Archive had operated on this basis until the pandemic. They proudly provide access to a massive resource of knowledge on important topics like sex, gender, history, politics, and more, some of which may be inaccessible in certain jurisdictions due to censorship. The Archive’s search engine is also excellent, boasting capabilities to search a book or document in various ways. It is a valuable source to the public, which enables the preservation of important books and documents, many of which can no longer be found in physical libraries.
The people at the Internet Archive are staunch advocates for reading and academics, aiming to provide knowledge and books to readers and learners. Brewster Kahle is the founder and Digital Librarian of the Archive, leading its operations for over three decades. Kahle is a digital pioneer and a staunch defender of libraries, internet access and knowledge-sharing.
It is understandable that the publishing houses claim their rights have been infringed and their potential profit affected by the Internet Archive, however, it appears they are making a disproportionate response. Suspending the entire Archive’s operations and preventing people access to an invaluable resource of knowledge is an extreme reaction, with authors and librarians lining up their support for the Internet Archive. Furthermore, their suggested alternative of licensed copies of books does not compare to the enormity of the Archive’s search engine capabilities.
In an era of extreme censorship and corporate greed, this incident is a stark reminder of how valuable open public access points for knowledge are, and how vital it is that we protect them from powerful corporate interests. While it is essential to uphold the integrity of copyright and supplement authors with royalties, it is also essential that we recognise the immense importance of archiving, preserving and making accessible the collective knowledge of mankind. Hopefully, the Internet Archive will succeed in its appeal, and we can resume easy access to such a valuable resource of knowledge.
