Internet Archives Fires Back in Lawsuit Over Covid-19 Emergency Library; Vice, July 29, 2020

Matthew Gault, Vice; Internet Archives Fires Back in Lawsuit Over Covid-19 Emergency Library

"In a brief filed in a New York district court on Tuesday night, the Internet Archive fired back in response to a lawsuit brought against it by five of the world’s largest publishers. The lawsuit seeks to shut down an online National Emergency Library started by the Internet Archive during the Covid-19 pandemic and levy millions of dollars in fines against the organization."

Internet Archive ends “emergency library” early to appease publishers; Ars Technica, June 11, 2020

Timothy B. Lee, Ars Technica; Internet Archive ends “emergency library” early to appease publishers

Online library asks publishers to “call off their costly assault.”

"The Internet Archive has ended its National Emergency Library programs two weeks earlier than originally scheduled, the organization announced in a Wednesday blog post. 

"We moved up our schedule because, last Monday, four commercial publishers chose to sue Internet Archive during a global pandemic," the group wrote. The online library called on publishers to "call off their costly assault."

But that doesn't seem very likely. The Internet Archive isn't ending its online book lending program altogether. Instead, the group is returning to a "controlled digital lending" (CDL) model that it had followed for almost a decade prior to March. Under that model, the group allows only one patron to digitally "check out" a book for each physical copy the library has in stock. If more people want to read a book than are physically available, patrons are added to a waiting list until someone checks the book back in...

Experts have told Ars that the CDL concept has a better chance of winning approval from the courts than the "emergency library" idea with unlimited downloads. But the legality of CDL is far from clear. Some libraries have been practicing it for several years without legal problems. But publishers and authors' rights groups have never conceded its legality, and the issue hasn't been tested in court."

Publishers Sue Internet Archive Over Free E-Books; The New York Times, June 1, 2020

Elizabeth A. Harris, The New York Times; Publishers Sue Internet Archive Over Free E-Books

Penguin Random House, HarperCollins, Hachette and Wiley accused the nonprofit of piracy for making over 1 million books free online.

"A group of publishers sued Internet Archive on Monday, saying that the nonprofit group’s trove of free electronic copies of books was robbing authors and publishers of revenue at a moment when it was desperately needed.

Internet Archive has made more than 1.3 million books available free online, which were scanned and available to one borrower at a time for a period of 14 days, according to the complaint. Then in March, the group said it would lift all restrictions on its book lending until the end of the public health crisis, creating what it called “a National Emergency Library to serve the nation’s displaced learners.”

But many publishers and authors have called it something different: theft.

“There is nothing innovative or transformative about making complete copies of books to which you have no rights and giving them away for free,” said Maria A. Pallante, president of the Association of American Publishers, which is helping to coordinate the industry’s response. “They’ve stepped in downstream and taken the intellectual investment of authors and the financial investment of publishers, they’re interfering and giving this away.”"

University libraries offer online “lending” of scanned in-copyright books; Ars Technica, April 7, 2020

Timothy B. Lee, Ars Technica; University libraries offer online “lending” of scanned in-copyright books

"A consortium of university libraries called HathiTrust recently announced a solution to this problem, called the Emergency Temporary Access Service. It allows participating HathiTrust member libraries to offer their patrons digital scans of books that they can "check out" and read online.

HathiTrust has a history of pushing the boundaries of copyright. It was the defendant in a landmark 2014 ruling that established the legality of library book scanning. At the time, HathiTrust was only allowing people with print disabilities to access the full text of scanned books. Now HathiTrust is expanding access to more people—though still with significant limits...

These limits distinguish HathiTrust's service from another recently announced "emergency library." Two weeks ago, the Internet Archive announced it was offering the general public the opportunity to check out 1.4 million scanned books. During the pandemic, the Internet Archive isn't limiting the number of people who can "borrow" a book simultaneously.

Cornell University legal scholar James Grimmelmann tells Ars that the limits on the HathiTrust program will put the group in a stronger position if it is ever challenged in court. The same fair use doctrine that allows HathiTrust to scan books in the first place might also justify what the organization is doing now—though that's far from certain."

Listen to Hundreds of Free Audiobooks, From Classics to Educational Texts; Smithsonian Magazine, April 6, 2020

Theresa Machemer, Smithsonian Magazine; Listen to Hundreds of Free Audiobooks, From Classics to Educational Texts

"With classrooms closed due to COVID-19, millions of students across the United States are venturing into the realm of distance learning. To support these efforts, Amazon’s audiobook service, Audible, has launched an online collection of hundreds of free audiobooks primed for both education and entertainment.

The website doesn’t require a log-in, sign-up or payment information. To peruse Audible’s selection of novels, poetry and fables—from classics to modern favorites—simply click “Start Listening.”...

The Audible Stories website states, “For as long as schools are closed, we’re open.”

This goal is similar to that of the National Emergency Library, which—controversially—makes more than a million free books available for temporary download. Normally, the archive has about 2.5 million public domain books available for download without constraint. An additional 1.4 million copyrighted books are accessible to one reader at a time for a two-week borrowing period.

The Emergency Library removes that one-at-a-time restriction until the end of June, “or the end of the U.S. national emergency, whichever is later,” according to a statement. Backlash from authors and publishers has since framed the collection as internet piracy that violates intellectual property laws, but the campaign still has its fair share of supporters.

Audible’s offerings come without any of these concerns. So, if you enjoy audiobooks, the Audible Stories platform represents a straightforward option that can be enjoyed in conjunction with audiobook downloads offered by public libraries. Apple Books is also highlighting free book options, joining Audible Stories in a growing repertoire of at-home educational content."

Copyright Alliance blasts Internet Archive’s Emergency Library launch as “vile”; ZDNet, March 31, 2020

Charlie Osborne, ZDNet; Copyright Alliance blasts Internet Archive’s Emergency Library launch as “vile”

The National Emergency Library opened to help learners “displaced” by COVID-19.

"The Authors Guild said that COVID-19 has been used "as an excuse to push copyright law further out to the edges" which, in turn, is causing authors that are already struggling to pay the bills additional harm...

"Acting as a piracy site -- of which there already are too many -- the Internet Archive tramples on authors' rights by giving away their books to the world," the group says.  

More criticism has come in the form of comments made by the Copyright Alliance, an organization that represents the rights of those in creative industries including authors and artists. CEO Keith Kupferschmid noted that creators are among the hardest hit at present, and while projects have been set up to help those in these industries, the executive said IA's project is making "things much worse for those that need our help.""

Internet Archive offers 1.4 million copyrighted books for free online; Ars Technica, March 28, 2020

Timothy B. Lee, Ars Technica; Internet Archive offers 1.4 million copyrighted books for free online

Massive online library project is venturing into uncharted legal waters.

""The Internet Archive will suspend waitlists for the 1.4 million (and growing) books in our lending library by creating a National Emergency Library to serve the nation’s displaced learners," the Internet Archive wrote in a Tuesday post. "This suspension will run through June 30, 2020, or the end of the US national emergency, whichever is later."

The Tuesday announcement generated significant public interest, with almost 20,000 new users signing up on Tuesday and Wednesday. In recent days, the Open Library has been "lending" 15,000 to 20,000 books per day.

“The library system, because of our national emergency, is coming to aid those that are forced to learn at home,” said Internet Archive founder Brewster Kahle. The Internet Archive says the program will ensure students are able to get access to books they need to continue their studies from home during the coronavirus lockdown."