Open Library: Difference between revisions

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Four major publishers—[[Hachette Book Group|Hachette]], [[Penguin Random House]], [[Wiley (publisher)|John Wiley & Sons]], and [[HarperCollins]], all members of the [[Association of American Publishers]]—filed a lawsuit in the [[United States District Court for the Southern District of New York|Southern New York Federal District Court]] against the Internet Archive in June 2020, asserting the Open Library project violated numerous copyrights.<ref>{{Cite web|title=Publishers Are Taking the Internet to Court|url=https://www.thenation.com/article/society/publishers-are-taking-the-internet-to-court/|date=2020-09-10|first=Maria|last=Bustillos|work=The Nation|access-date=2020-10-19|archive-date=2021-08-23|archive-url=https://web.archive.org/web/20210823160450/https://www.thenation.com/article/society/publishers-are-taking-the-internet-to-court/|url-status=live}}</ref> In their suit, the publishers claimed "Without any license or any payment to authors or publishers, [the Internet Archive] scans print books, uploads these illegally scanned books to its servers, and distributes verbatim digital copies of the books in whole via public-facing websites. With just a few clicks, any Internet-connected user can download complete digital copies of in-copyright books from [the] defendant."<ref>{{cite web | url = https://www.theverge.com/2020/6/1/21277036/internet-archive-publishers-lawsuit-open-library-ebook-lending | title = Publishers sue Internet Archive over Open Library ebook lending | first = Russell | last = Brandom | date = 2020-06-01 | access-date = 2020-06-01 | work = [[The Verge]] | archive-date = 2020-06-01 | archive-url = https://web.archive.org/web/20200601185706/https://www.theverge.com/2020/6/1/21277036/internet-archive-publishers-lawsuit-open-library-ebook-lending | url-status = live }}</ref> The publishers were represented by the law firms [[Davis Wright Tremaine]] and [[Oppenheim + Zebrak]].<ref>{{cite news |title=Publishers File Suit Against Internet Archive for Systematic Mass Scanning and Distribution of Literary Works |url=https://publishers.org/news/publishers-file-suit-against-internet-archive-for-systematic-mass-scanning-and-distribution-of-literary-works/ |work=AAP |date=2020-06-01 |access-date=2020-06-05 |archive-date=2020-06-05 |archive-url=https://web.archive.org/web/20200605233623/https://publishers.org/news/publishers-file-suit-against-internet-archive-for-systematic-mass-scanning-and-distribution-of-literary-works/ |url-status=live }}</ref> The Internet Archive ended the National Emergency Library on June 16, 2020, instead of the intended June 30 date, and requested the publishers to "call off their costly assault".<ref>{{cite web | url = https://arstechnica.com/tech-policy/2020/06/internet-archive-ends-emergency-library-early-to-appease-publishers/ | title = Internet Archive ends "emergency library" early to appease publishers | first = Timothy | last = Lee | date = 2020-06-11 | access-date = 2020-06-14 | work = [[Ars Technica]] | archive-date = 2020-06-14 | archive-url = https://web.archive.org/web/20200614074641/https://arstechnica.com/tech-policy/2020/06/internet-archive-ends-emergency-library-early-to-appease-publishers/ | url-status = live }}</ref> In July 2022, both parties filed requests for [[summary judgement]]. A first hearing was held on March 20, 2023.<ref>{{cite web |last=Albanese |first=Andrew |date=February 21, 2023 |url=https://www.publishersweekly.com/pw/by-topic/industry-news/publisher-news/article/91587-oral-argument-set-in-internet-archive-copyright-case.html |title=Oral Argument Set in Internet Archive Copyright Case |website=Publishers Weekly |access-date=March 18, 2023 |archive-date=March 18, 2023 |archive-url=https://web.archive.org/web/20230318104026/https://www.publishersweekly.com/pw/by-topic/industry-news/publisher-news/article/91587-oral-argument-set-in-internet-archive-copyright-case.html |url-status=live }}</ref> A summary judgement was issued March 24, 2023, in favor of the plaintiffs. In its ruling the [[United States District Court for the Southern District of New York]] determined that the [[Internet Archive]] committed [[copyright infringement]] by scanning and distributing copies of books online. Stemming from the creation of the [[National Emergency Library]] (NEL) during the onset of the [[COVID-19 pandemic]], publishing company [[Hachette Book Group]] alleged that the Open Library and the National Emergency Library facilitated copyright infringement.
 
On March 25, 2023, the court ruled against Internet Archive, whichwho plansappealed onthe appealingdecision.<ref>{{cite news |last1=Jay Peters |first1=Sean Hollister |title=The Internet Archive has lost its first fight to scan and lend e-books like a library |url=https://www.theverge.com/2023/3/24/23655804/internet-archive-hatchette-publisher-ebook-library-lawsuit |access-date=5 August 2023 |publisher=The Verge |date=24 March 2023}}</ref> This appeal was later denied by the Second Circuit Court of Appeals in 2024.<ref>{{cite news |last1=Jay Peters |first1=Sean Hollister |title=The Internet Archive has lost its first fight to scan and lend e-books like a library |url=https://www.theverge.com/2023/3/24/23655804/internet-archive-hatchette-publisher-ebook-library-lawsuit |access-date=5 August 2023 |publisher=The Verge |date=24 March 2023}}</ref>
 
==See also==