Nonprofit Internet Archive announced about the intention to appeal the court decision in the case of copyright protection of electronic books – this is a case related to the Open Library program, in which representatives of publishers saw a copyright infringement.
In 2020, the Internet Archive launched the National Emergency Library Project as a temporary measure as many students lost access to library materials due to pandemic restrictions. The publishers described the scheme as “intentional digital piracy on an industrial scale” and the court agreed with them.
In March 2023, the court ruled that the Internet Archive’s mass scanning and publishing of literature was not subject to fair use laws, and in August entered into a settlement agreement in which the defendant agreed to block access to books, that were still in commercial sale.
According to the Internet Archive, in March the trial court made errors in interpreting facts and legal norms, so the organization decided to continue the fight. The Internet Archive will face a similar lawsuit with music labels in the near future – the platform makes publicly available digitized records released before 1972, and this was also considered a copyright violation.