As a result of book publishers successfully suing the Internet Archive (IA) last year, the free online library that strives to keep growing online access to books recently shrank by about 500,000 titles.
IA reported in a blog post this month that publishers abruptly forcing these takedowns triggered a "devastating loss" for readers who depend on IA to access books that are otherwise impossible or difficult to access.
To restore access, IA is now appealing, hoping to reverse the prior court's decision by convincing the US Court of Appeals in the Second Circuit that IA's controlled digital lending of its physical books should be considered fair use under copyright law. An April court filing shows that IA intends to argue that the publishers have no evidence that the e-book market has been harmed by the open library's lending, and copyright law is better served by allowing IA's lending than by preventing it.
"We use industry-standard technology to prevent our books from being downloaded and redistributed—the same technology used by corporate publishers," Chris Freeland, IA's director of library services, wrote in the blog. "But the publishers suing our library say we shouldn’t be allowed to lend the books we own. They have forced us to remove more than half a million books from our library, and that’s why we are appealing."
IA will have an opportunity to defend its practices when oral arguments start in its appeal on June 28.
"Our position is straightforward; we just want to let our library patrons borrow and read the books we own, like any other library," Freeland wrote, while arguing that the "potential repercussions of this lawsuit extend far beyond the Internet Archive" and publishers should just "let readers read."
"This is a fight for the preservation of all libraries and the fundamental right to access information, a cornerstone of any democratic society," Freeland wrote. "We believe in the right of authors to benefit from their work; and we believe that libraries must be permitted to fulfill their mission of providing access to knowledge, regardless of whether it takes physical or digital form. Doing so upholds the principle that knowledge should be equally and equitably accessible to everyone, regardless of where they live or where they learn."