Internet Archive loses appeal over ebook lending and urges publishers to restore access

After being compelled to remove over half a million books from their collection a couple of months ago due to a successful lawsuit by book publishers, the Internet Archive has now lost its appeal. On Wednesday, the Second Circuit Court of Appeals ruled against the Internet Archive, stating that allowing its digital library would “allow for widescale copying that deprives creators of compensation and diminishes the incentive to produce new works”.

In response to the ruling, the Internet Archive has petitioned book publishers, urging them to reconsider their stance and restore access to the removed books. The petition highlights the significant impact on readers in the US and globally, emphasizing the far-reaching implications of the publishers' decision.

For context, in March 2020, the Internet Archive launched the National Emergency Library (NEL) in response to library closures caused by the pandemic. The NEL allowed large numbers of people to borrow each scanned book simultaneously, bypassing the traditional one-person-at-a-time lending model used by the open library. This caused backlash soon after its launch, with some authors arguing that it was tantamount to piracy.

Following the court's decision, the Internet Archive expressed disappointment, particularly regarding the court's view on their digital lending practices. They stated that they are reviewing the court's opinion and remain committed to defending the rights of libraries to own, lend, and preserve books.