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Preliminary Court Setback for Libraries and Digital Lending

Accepted submission by canopic jug at 2023-03-25 08:20:20 from the artificial-scarcity dept.
Digital Liberty

The Internet Archive has published a post about their ongoing fight in the lower courts over Controlled Digital Lending (CDL) [archive.org], specifically from the case Hachette v Internet Archive [eff.org]. This potentially affects all libraries with digital resources and the Internet Archive will appeal the court's decision.

Today’s lower court decision in Hachette v. Internet Archive [eff.org] is a blow to all libraries and the communities we serve. This decision impacts libraries across the US who rely on controlled digital lending to connect their patrons with books online. It hurts authors by saying that unfair licensing models are the only way their books can be read online. And it holds back access to information in the digital age, harming all readers, everywhere.

But it’s not over—we will keep fighting for the traditional right of libraries to own, lend, and preserve books. We will be appealing the judgment and encourage everyone to come together as a community to support libraries against this attack by corporate publishers. 

The Electronic Frontier Foundaion (EFF) pointed out that libraries have already paid publishers billions of dollars for their print collections which are being digitized at great expense as means of preserving these slowly decaying artifacts. CDL helps make full use of the books that the public have already bought and paid for in their libraries. Gizmodo had a piece a few days ago, giving a heads up about this setback: Internet Archive Faces Uphill Battle in Lawsuit Over Its Free Digital Library [gizmodo.com].

Hachette and several other publishers are fighting the Internet Archive in court to stop the practice of CDL. Basically, CDL is a model where artificial restrictions are imposed to create artificial scarcity of digital resources in emulation of the old model based on physical artifacts. This attack on basic library service is just the latest in decades of such attacks. Glyn Moody provides some context about other, long-term general attempts to remove libraries [walledculture.org] from the picture.


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