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Freeman [soylentnews.org] writes:

https://arstechnica.com/tech-policy/2024/06/appeals-court-seems-lost-on-how-internet-archive-harms-publishers/ [arstechnica.com]

The Internet Archive (IA) went before a three-judge panel Friday to defend its open library's controlled digital lending (CDL) practices [arstechnica.com] after book publishers last year won a lawsuit [arstechnica.com] claiming that the archive's lending violated copyright law.

In the weeks ahead of IA's efforts to appeal that ruling, IA was forced to remove 500,000 books from its collection [arstechnica.com], shocking users. In an open letter [change.org] to publishers, more than 30,000 readers, researchers, and authors begged for access to the books to be restored in the open library, claiming the takedowns dealt "a serious blow to lower-income families, people with disabilities, rural communities, and LGBTQ+ people, among many others," who may not have access to a local library or feel "safe accessing the information they need in public."
[...]
IA has argued [courtlistener.com] that because copyright law is intended to provide equal access to knowledge, copyright law is better served by allowing IA's lending than by preventing it. They're hoping the judges will decide that CDL is fair use, reversing the lower court's decision and restoring access to books recently removed from the open library. But Gratz said there's no telling yet when that decision will come.
[...]
McSherry seemed optimistic that the judges at least understood the stakes for IA readers, noting that fair use is "designed to ensure that copyright actually serves the public interest," not publishers'. Should the court decide otherwise, McSherry warned, the court risks allowing "a few powerful publishers" to "hijack the future of books."

When IA first appealed, Kahle put out a statement [archive.org] saying IA couldn't walk away from "a fight to keep library books available for those seeking truth in the digital age."

Previously on SoylentNews:
Internet Archive Forced to Remove 500,000 Books After Publishers’ Court Win [soylentnews.org] - 20240627

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