As a result of book publishers successfully suing the Internet Archive (IA) last year, the free online library that strives to keep growing online access to books recently shrank by about 500,000 titles. . . .
To restore access, IA is now appealing, hoping to reverse the prior court’s decision by convincing the US Court of Appeals in the Second Circuit that IA’s controlled digital lending of its physical books should be considered fair use under copyright law. An April court filing shows that IA intends to argue that the publishers have no evidence that the e-book market has been harmed by the open library’s lending, and copyright law is better served by allowing IA’s lending than by preventing it. . . ./p>
Freeland [Chris Freeland, IA’s director of library service] told Ars it could take months or even more than a year before a decision is reached in the case.
While IA fights to end the injunction, its other library services continue growing, IA has said. IA "may still digitize books for preservation purposes" and "provide access to our digital collections" through interlibrary loan and other means. IA can also continue lending out-of-print and public domain books.
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