The Internet Archive, a prominent online library, has decided not to appeal a court ruling that found it violated copyright law by offering free e-books without publishers’ permission. The decision ends a years-long legal battle that had far-reaching implications for digital lending and copyright protections.
Court Ruling Upheld Against Internet Archive
In September, the U.S. Court of Appeals for the Second Circuit upheld a Manhattan federal court’s decision, granting a permanent injunction against the Archive’s “controlled digital lending” program. The Archive, which had until this week to take its case to the U.S. Supreme Court, declined to pursue further appeals.
The ruling marks a significant victory for publishers who argued that the Archive’s unauthorized distribution of scanned books violated copyright laws.
Publishers’ Lawsuit and Allegations
The legal battle began in 2020 when four major publishers — Hachette Book Group, HarperCollins Publishers, John Wiley & Sons, and Penguin Random House — sued the Internet Archive. They claimed that the Archive had illegally scanned and distributed over 100 books, including works by renowned authors such as Toni Morrison and J.D. Salinger.
The publishers contended that the Archive’s actions harmed their sales and disregarded copyright protections.
Fair Use Defense Rejected
The Internet Archive defended its program as a form of “controlled digital lending,” arguing it was protected under fair use law. However, the courts decisively rejected this claim, with the Second Circuit leaving no room for debate.
Maria A. Pallante, president and CEO of the Association of American Publishers, celebrated the court’s ruling, stating it confirmed that controlled digital lending is “nothing more than infringement.”
Internet Archive’s Response
Chris Freeland, the Internet Archive’s director of library services, expressed disappointment with the outcome but indicated that the organization would comply with the court’s decision.
In a statement posted on the Archive’s website, Freeland said the Archive would “honor” an agreement to remove books from lending at the request of member publishers.
