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Internet Archive Files Answer and Affirmative Defenses to Publisher Copyright Infringement Lawsuit

Accepted submission by takyon at 2020-07-31 04:47:30
Digital Liberty

Internet Archive Tells Court its Digital Library is Protected Under Fair Use []

The Internet Archive has filed its answer and affirmative defenses in response to a copyright infringement lawsuit filed by a group of publishers. Among other things, IA believes that its work is protected under the doctrine of fair use and the safe harbor provisions of the DMCA.

[...] The statement spends time explaining the process of CDL – Controlled Digital Lending – noting that the Internet Archive provides a digital alternative to traditional libraries carrying physical books. As such, it "poses no new harm to authors or the publishing industry."

[...] "The Internet Archive has made careful efforts to ensure its uses are lawful. The Internet Archive's CDL program is sheltered by the fair use doctrine, buttressed by traditional library protections. Specifically, the project serves the public interest in preservation, access and research—all classic fair use purposes," IA's answer reads.

"As for its effect on the market for the works in question, the books have already been bought and paid for by the libraries that own them. The public derives tremendous benefit from the program, and rights holders will gain nothing if the public is deprived of this resource."

Internet Archive's Answer and Affirmative Defenses [] (PDF).

Previously: Internet Archive Suspends E-Book Lending "Waiting Lists" During U.S. National Emergency []
Authors Fume as Online Library "Lends" Unlimited Free Books []
Publishers Sue the Internet Archive Over its Open Library, Declare it a Pirate Site []
Internet Archive Ends "Emergency Library" Early to Appease Publishers []
EFF and California Law Firm Durie Tangri Defending Internet Archive from Publisher Lawsuit []

Original Submission