Earlier this month, the Internet Archive submitted its notice of appeal in the case of Hachette v. Internet Archive. In March, when the decision was first handed down, we expressed our belief that the lower court had made factual and legal errors—a blow to all libraries and the communities we serve.
Through the Controlled Digital Lending (CDL) program, the Internet Archive and other libraries make and lend out digital scans of print books in our collections, subject to strict technical controls. Each book loaned via CDL has already been bought and paid for, so authors and publishers have already been fully compensated for those books. Nonetheless, publishers Hachette, HarperCollins, Wiley, and Penguin Random House sued the Archive in 2020, claiming incorrectly that CDL violates their copyrights. Our Controlled Digital Lending (CDL) program preserves traditional library lending in the digital world, ensuring that communities can utilize critical resources, that cultural artifacts can be shared, and that students everywhere can access books. We’re committed to defending the rights of libraries to serve their patrons online.
Thus our fight continues. We understand that this will be a demanding process, but it is essential to combat this attack to safeguard the existence of library collections in the digital era. Brewster Kahle, the Founder and Digital Librarian of the Internet Archive, conveyed a statement regarding the appeal in a blog post on our website.