Tag Archives: CDL

Let Readers Read

Ask publishers to restore access to the 500,000 books they’ve caused to be removed from the Internet Archive’s lending library.

Sign the Open Letter


I’m Chris Freeland, a librarian at the Internet Archive. The lawsuit against our library—Hachette v. Internet Archive—is fast approaching the oral argument stage of its appeal on June 28. I’ve been reflecting on our ongoing, four-year experience with this litigation and on the outcome we’re hoping for. Our position is straightforward; we just want to let our library patrons borrow and read the books we own, like any other library. 

We purchase and acquire books—yes, physical, paper books—and make them available for one person at a time to check out and read online. This work is important for readers and authors alike, as many younger and low-income readers can only read if books are free to borrow, and many authors’ books will only be discovered or preserved through the work of librarians. We use industry-standard technology to prevent our books from being downloaded and redistributed—the same technology used by corporate publishers.

But the publishers suing our library say we shouldn’t be allowed to lend the books we own. They have forced us to remove more than half a million books from our library, and that’s why we are appealing.  

Impact

The legal decision and resulting injunction against our library have already had a profoundly negative impact on our patrons. They have inundated us with so many inquiries that our patron services team needed to prepare a Help Document explaining why our collection has been shrinking so rapidly. 

We asked our patrons to share their stories of what losing access to these 500,000 books has meant to them. What’s clear from the hundreds of testimonials we’ve received is the ability to access our books remains an absolute necessity for the many people around the world who depend on our library for their educational and professional development: 

  • Mark, a researcher from New York, said that as an independent scholar without an institutional affiliation, he often struggles to gain access to books he needs for his research. He says that The Internet Archive has been a lifeline for him.
  • We heard from Lucero, an educator from Mexico City, who said that without our library, he wouldn’t have been able to complete his research on Mexican Sign Langauge.
  • Perhaps Mrittika said it best. She’s from a rural region in India and doesn’t have access to rare books. She asks the publishers, “If you are going to ban online availability of these resources, what about us?”

Take Action

In appealing the district court’s decision, our goal is simply to let these readers continue on their journey. We envision a world in which Wikipedians can verify facts by following citations to information contained only in our printed history; where libraries can serve their communities online with collections financed through public investment; and above all, where library patrons are free to read without fear of corporate or government surveillance.

Sign the Open Letter

Please help spread the word across social media: Bluesky, Facebook, Instagram, Mastodon, TikTok, Twitter/X

The potential repercussions of this lawsuit extend far beyond the Internet Archive. This is a fight for the preservation of all libraries, and the fundamental right to access information, a cornerstone of any democratic society. We believe in the right of authors to benefit from their work; and we believe that libraries must be permitted to fulfill their mission of providing access to knowledge, regardless of whether it takes physical or digital form. Doing so upholds the principle that knowledge should be equally and equitably accessible to everyone, regardless of where they live or where they learn. 

As we head into this appeal, our message remains clear and unwavering: Let readers read.

Lend your voice to this message by signing the open letter to publishers, asking them to restore access to the books they have removed from our library.

Patrons Speak Out: The Impact of Losing Access to More Than 500,000 Books

Earlier this week, we asked readers across social media to tell us the impact of losing access to more than 500,000 books removed from our library as a result of the publishers’ lawsuit.

The response was overwhelming, and the stories shared were powerful and heartfelt. It wasn’t just titles that disappeared—it was countless memories, research materials, and sources of inspiration for readers around the world. Below, we share some of the most impactful testimonials, highlighting the profound effect these removals have had on readers and researchers everywhere.

If you’d haven’t already done so, please share your story!


Tran D. A., Ha Tinh, Vietnam: It hampers my ability to look up data sources. Books in Vietnam are significantly less accessible and my economic background doesn’t allow me to afford these things.

R.F., Surrey, Canada: As a Wikipedia editor, the Internet Archive is one of the most useful tools to find citations and verify facts. By removing books from the Internet Archive, it hinders the ability to find sources for an open encyclopedia.

Meilan S., Washington, DC, USA: As the online history editor at a national magazine, I use the Internet Archive on an almost daily basis. It’s an invaluable tool for accessing books cited by my writers, conducting research for articles I’m writing, and fact-checking quotes and other information. I regularly link to the Internet Archive in our published content, as I believe we should be as transparent as possible regarding sourcing, in addition to offering readers links to sites where they can learn more about a given topic. It has been disheartening to find the majority of books I need to access for work now listed as “removed.” The removal of this content makes it more difficult for me to include diverse, in-depth and reliable sources in my writing and editing.

Tamia T., Montreal, Canada: Internet Archive gives me access to scholarly information that is not afforded to those outside of the post-secondary education system. The Internet Archive helps bridge the gap when it comes to literacy, comprehension of history, and the discovery of new works that are otherwise gate-kept from the average person.

Olga A., Moscow, Russia: I can’t proceed with my research on bioanthropology, regarding both the current state of this science and the history of this field. None of the books I’m looking for are available for purchase in my country, even if I, by some miracle, managed to find them in second-hand bookshops abroad and had great amounts of money to buy them.

Jason V. M., Tucson, AZ, USA: The Internet Archive has allowed me and my family to access books quickly, conveniently and safely. I’m afraid that without the Archive, access to teaching material for my daughter and studying material for myself has now become significantly limited at my income level and in my area.

Poppy, Indonesia: Most of literature I’ve been using from IA are ones I couldn’t find in my city’s library, either public or academic. Without IA, my academic progress would be halted.

Lyria V.W., Middle River, MD, USA: My school in the past wanted me to read books that were considered banned (like The Great Gatsby and To Kill A Mockingbird) to learn about the culture and history at the time. I did not always have physical access to these books.

Zachary C., PA, USA: Without archive.org’s availability, I would have not been able to further my education on historical architecture and fashion.

Samson W., Omaha, NE, USA: It has made it more difficult to find quotes, to read quotes in full context, and to research language.

Nathan W., Portland, OR, USA: I purchase dozens of books every year, and check out even more from my local library — Internet Archive is an invaluable resource to explore books I’m interested in and quickly search for remembered passages or quotes from books I have already read.

Jefferson C., Managua, Nicaragua: Internet Archive had everything I needed to go through college, whilst not having ANY library available in my home country and with college books costing hundreds of dollars on top of import fee and taxes (which alone could be the salary of a person here).

Marina K., Minneapolis, MN, USA: I am an award-winning artist and writer for video games. I often need to research many diverse topics as an independent artist without institutional backing or studio resources. The Internet Archive is a valuable resource that allows me to create work that interacts more deeply with the world.

Harry S., UK: I’m a student studying Ancient History and having 500,000 books removed will undoubtedly remove my access to some sources I can’t get my hands on otherwise.

Carlos R., Aguascalientes, Mexico: I was reading Story : substance, structure, style and the principles of screenwriting (1997) and I no longer have access to it.

Alicia P., MD, USA: I organize Wikipedia editing events to improve Wikipedia articles about historical topics. We rely heavily on Internet Archive books as sources, since they are publicly available. This is essential for transparency in Wikipedia articles: every factual claim has a footnote, and the reader can click the hyperlink in the footnote to go directly to the source of the information in an Internet Archive book (often an older academic book that is no longer in print or at public libraries anyway).

Renard, Osasco, Brazil: The Internet Archive allowed me to expand my boundaries and access materials that do NOT exist here, or would be incredibly expensive to import, much of the price going to shipping and a reseller’s pockets.

Ethan S., Ottawa, Canada: I have been working on a project to document the history of social democratic governments in Canadian provinces and territories. These governments (by the NDP and CCF) are not well researched and the resources that are available at public libraries don’t always include older books, often written by members of cabinet or caucus. The Internet Archive has had some of the relevant books removed due to the lawsuit.

Berry J., Boston, MA, USA: I understand that publishers and authors have to make a profit but most of the material I am trying to access is written by people who are dead and whose publishers have stopped printing the material.

Chloe, London, UK: Internet Archive allows me to search a large number of books by keyword/name and it triggered my buying a lot of hard copies of books I would have never even known existed. I am so distressed that this has been taken away from me, as I research the history of lesbianism and it is already an extremely difficult niche field to research.

Camila N., Mexico City, Mexico: Cultural heritage, including documentary heritage, is essential for forging identities, offering knowledge, telling human history and promoting the progress of societies accompanied by cultural development.

Mary S., Rochester, NY, USA: It’s an access issue. It’s substantially harder to find the books I’m interested in reading. Heck, even for more common books, the libraries in my area are not practical to get to except by car, and I have a lot of friends who don’t have easy access to a car.

Robin L., Sydney, Australia: Having decreased access to books such as books on collage artists during certain parts of history affects my research, since I have limited to no access to such books in Australian libraries or bookshops both physical or digitally.

Samuel R., Chicago, IL, USA: In many cases there are not physical lending copies of titles i am looking for within 200 miles of my location, and no legal methods available to purchase e-versions. The Internet Archive is far and away the best solution for reading and preserving niche books across a variety of genres.

Zulma P., Covina, CA, USA: The Internet Archive has lots of books my local library doesn’t own and books that are very hard to find.

Thomas R., Manningham, Australia: These books being available on archive.org is a vital resource for me and many like me. A large amount of the Archive was never released in my corner of the globe, meaning I have few if any options for reading on niche subjects.

Juan V., Medellin, Colombia: I am a dance artist and require a big selection of options for my artistic research. Some of the books that I was using on my research are no longer available.

Sage L., Grand Rapids, MI, USA: I am an illustrator and character designer with a passion for science fiction. I use the Internet Archive to research projects that I don’t have enough background knowledge on. I frequently find that books I need are missing.

Oguz Alp K., Antalya, Turkey: In one word I can say: “devastation”. It is very difficult for people like me who live and do research in third world countries to access the books and documents in your archive.

Zachary B., Lockport, NY, USA: As someone who is working to understand the evolution of society through literature, reduced access to many classic works makes gathering information much more difficult.

Andrea T., Canada: I did not go to a university with a giant archive in the library for medieval texts, so to research these topics, free resources like Internet Archive really came into play. Not everyone will have an opportunity to read these books available at libraries. Not everyone can even afford to attend university, where many of these now removed texts are available for free in libraries and archives. Why should other students, and other people interested in these topics, be deprived of this free resource? Going into my Master’s degree, I have now lost a resource I relied on heavily through my post secondary education up until this point, hindering what sort of research I will be able to accomplish as I enter higher education.

Isa B., Lelystad, Netherlands: I was working on several papers for my education and I had to change sources because the literature was inaccessible despite it being of great importance to my research.

Mrittika D. S., Kolkata, India: Resources I had previously found on the Internet Archive site were all of a sudden no longer available when I searched for them. Hence, I faced a huge problem in completing my papers, as I had already formed a plan on what sources I wanted to refer to, and my plan was completely disrupted.

Schuyler V., Troy, NY, USA: While I am lucky to be near many physical libraries, none are as convenient and complete as the Internet Archive. Nearly all the books I’ve purchased in the last decade were ones I saw on the Internet Archive first.

Samantha F., Providence, RI, USA: Honestly? Without these books, my job becomes that much harder. Publishers aren’t going to put out a new run of, say, a 40-year-old book on specific aspects of animation history, because it’s not profitable. So, to remove them limits the number of folks like me, who are trying to tell a cohesive and factual story, who can actually work to do so as these materials get rarer and more expensive.

Kerry L., Boston, MA, USA: I had used copies of books a few months back when doing research for my master’s thesis—when I came back to them in April and May, I was surprised to find many of my more crucial secondary sources were gone. These books specifically are not as prevalent in public libraries, being older and region-specific. I was fortunate that I had taken detailed notes and quotes, but I was unable to check my references for books that were physically located miles and miles away from me.

Nicolas T., Paris, France: This gray zone of books still under copyright but that have disappeared from bookstores and libraries can be so useful… and the DRM on digital copies was very clever and fair.

Lola, Poland: On a personal level, this has severely limited the potential for both me and my partner to read books, we don’t have the money or ability to purchase actual books or E books and while there is a library near by, they usually don’t have the books we are looking for, it has in turn likely limited us from reading so many books.

John P., Menlo Park, CA, USA: In 2016 a fire in my home office left my personal library (about 700 books) smoke damaged, but still readable. Rather than let all these books go to waste, I donated them to the Internet Archive, so books in my collection they hadn’t already scanned would be available to the rest of the world. I had hoped I would be able to refer to the collection there. Unfortunately, many of these books are no longer available due to the lawsuit restrictions.

Andrew M., Easton, CT, USA: Prior to the removal of books on the IA I was able to access works on niche topics like La Terra in Piazza (1984) to review and promote reading about all sorts of interesting things to a wider audience. Since the removal, I’ve already struggled to finance a project translating a book on the causes of the fall of Rome, which would not have happened if I’d had access to materials that had been on IA at an earlier date.

Stephano L., Peru: The links I used for citations in university works are now dead, so I will have to correct that in many papers I wrote.


Editorial note: Statements have been edited for clarity.

Internet Archive Stands Firm on Library Digital Rights in Final Brief of Hachette v. Internet Archive Lawsuit

Today, the Internet Archive has taken a decisive final step in our ongoing battle for libraries’ digital rights by submitting the final appellate reply brief [PDF] in Hachette v. Internet Archive, the publishers’ lawsuit against our library. This move reaffirms Internet Archive’s unwavering commitment to fulfilling our mission of providing universal access to all knowledge, even in the face of steep legal challenges.

READ THE FINAL APPELLATE REPLY BRIEF

Statement from Brewster Kahle, founder and digital librarian of the Internet Archive:
“Resolving this should be easy—just sell ebooks to libraries so we can own, preserve and lend them to one person at a time. This is a battle for the soul of libraries in the digital age.”

This process has taken nearly four years to work through the legal system, and in that time we’ve often fielded the question, “Why should I care about this lawsuit?” By restricting libraries’ ability to lend the books they own digitally, the publishers’ license-only business model and litigation strategies perpetuate inequality in access to knowledge.

Throughout this legal battle, Internet Archive has remained steadfast in our mission to defend the core values of libraries—preservation, access, and education. This fight is not just about protecting the Internet Archive’s digital lending program; it’s about standing up for the digital rights of all libraries and ensuring that future generations have equal access to the wealth of knowledge contained within them.

Internet Archive an ‘Information Lifeline’ for Librarian Professionally and Personally

When Zeau Modig began as the graduate school librarian at the International Institute for Restorative Practices (IIRP) nearly a decade ago, many of the students lived nearby. They came to the Bethlehem, Pennsylvania, campus to check out some of the library’s 1,500 print books and make photocopies.

Zeau Modig, librarian

Today, the majority of students live elsewhere in a dozen different countries from Brazil to Hungary—and instruction has moved online. This is driving up demand for e-books. Modig has found resources on the Internet Archive to fill the gap between what her physical library can provide and the needs of her community.

“The Internet Archive has been amazing for us to be able to get material into our students’ hands, and making it accessible, especially for the people overseas studying in less developed countries,” Modig said. “If you’re not in the United States it’s not as easy to get books because of shipping—it could take weeks to get there. The Internet Archive has really been a tremendous help to our students.”

The graduate program attracts students who are often mid-career, working in education, criminal justice, business or any field looking for strategies and scholarship to address conflicts, repair harm, and restore community among individuals and groups. To understand the foundational ideas behind restorative practices, the classes sometimes assign readings of theoretical models that are hard to find. Modig said students often turn to the Internet Archive to find obscure books or journals that have otherwise vanished.

Modig said she values the Archive’s collaboration with Wikipedia to turn reference links in Wikipedia articles blue, connecting citations to the original source content in Archive’s digital collections. This effort gives scholars single-click access to verify information for their research.

“It’s made my life as a librarian so much easier,” Modig said of the Archive. “The faculty, too, most of whom work remotely, really appreciate having books at their fingertips.”

Outside her job, Modig said she uses the Archive for genealogy research, leisure reading and entertainment. She recently discovered a commemorative family reunion volume from 1883 on her French Huguenot relatives that gave her insight into her family history. Inspired by the Netflix series, “The Queen’s Gambit,” Modig checked out the original novel on which the show was based.

“Internet Archive has become an essential information lifeline for my graduate institution’s students and faculty, and also for me personally.”

Zeau Modig, librarian, International Institute for Restorative Practices

Unfortunately, as a result of the publishers’ lawsuit against the Internet Archive’s lending library, “The Queen’s Gambit” is no longer available for borrowing. 

When Modig learned that the book can no longer be checked out to one reader at a time, she paused. “I’m glad I had the opportunity to enjoy this book while I could,” she said. “I hope that the publishers involved in the lawsuit against the Internet Archive will come to realize the advantages that controlled digital lending holds for them as well as for readers, and allow the Internet Archive to restore access to their content.”

“Overall, the Internet Archive has become an essential information lifeline for my graduate institution’s students and faculty, and also for me personally,” Modig said. “It would be deeply disappointing for us if this rich trove of content is no longer available through the Internet Archive.”

Mickey Mouse & Elon Musk Boost Libraries in Viral Week

Last week, Mickey Mouse and Elon Musk helped raise the visibility of library preservation and the Internet Archive’s mission across social media in an unexpected convergence of the public domain, popular culture and the publishers’ lawsuit against our library.

It started less than an hour into the new year. At 12:36am, we posted a 45 second clip from Steamboat Willie to X (formerly Twitter) with the iconic introduction of Mickey Mouse. By the next morning, the video had reached hundreds of thousands of views; by the end of the day, views had climbed into the millions. To date, the clip (above) has been viewed 10.2 million times.

As a result of that interest, people began looking at our profile and older posts. One key user posted a message of support about our blog post highlighting the amicus briefs filed in support of our appeal in Hachette v. Internet Archive, the lawsuit against our library.

That post, and presumably coupled with the visibility from the viral Mickey Mouse tweet, started a groundswell of support for the Internet Archive, with thousands of users sharing their thoughts on the importance of our mission. 

In that chatter, a meme started forming: “Protect the Internet Archive – pass it on

So many people were sharing this sentiment that “Protect the Internet Archive” started trending.

And then Elon Musk weighed in with “Support the Internet Archive!”:  

With Musk’s enormous following on X, activity across our profile and posts skyrocketed, including our reply, but none more so than the post he shared about our appeal. To date, the post has been viewed more than 20 million times. 

But it didn’t stop there. Because of the overwhelming level of support & visibility, we were getting dozens of messages from supporters asking how they can help our cause. In addition to telling our new followers about our mission, we also invited people to tell the publishers to stop suing libraries and sell us ebooks we can own and preserve.

And they did. Hundreds of users shared a message to the publishers with the hashtag #SellDontSue.

And then, like all viral moments, the attention faded. As of today (January 11, 2024), activity around our feed has returned to normal levels.

So what does it all mean??

While our time in the spotlight was brief, it was definitely meaningful. Now that we’ve had a little perspective and distance, we can point to three main takeaways from our viral week:

Takeaway #1: People love the public domain! Mickey Mouse moving into the public domain is a story decades in the making, so no surprise that there was an increased level of interest this year. However, we’ve noted an upswing in engagement for posts about the public domain every January, and excellent attendance at our public domain celebrations. We love the public domain, too, so we’re going to keep promoting the materials moving out of copyright year after year.

Takeaway #2: More people are armed with facts about the lawsuit against our library, and are voicing their support for library digital lending, digital ownership and preservation.

Takeaway #3: We helped more people understand the opportunities (preservation) & challenges (lawsuits) libraries face in the digital age. New people were introduced to our mission, to the legal challenges that libraries are facing in the digital age, and to understanding what’s possible when libraries are allowed to own and preserve materials for the long term.

So, a big thank you to everyone who shared posts, spoke out in support of the Internet Archive, or otherwise helped bring new visibility to our mission and work last week. We are committed to preserving materials in the public domain, fighting the lawsuits against our library, and continuing our mission of providing “Universal Access to All Knowledge”—onward!

Internet Archive Defends Digital Rights for Libraries

Earlier today, we filed our opening appellate brief in Hachette v. Internet Archive, reaffirming our commitment to preserving knowledge for future generations.

Statement from Brewster Kahle, founder and digital librarian of the Internet Archive: We submitted our appeal to the court today to protect the core mission of libraries—preservation and access. This is a fight to keep library books available for those seeking truth in the digital age. 

Libraries are not just repositories of books; they are guardians of history and the published record. In this time of wars, election angst, and unstable moments for democracy, this fight gains even more importance.

Why should everyone care about this lawsuit? Because it is about preserving the integrity of our published record, where the great books of our past meet the demands of our digital future. This is not merely an individual struggle; it is a collective endeavor for society and democracy struggling with our digital transition. We need secure access to the historical record. We need every tool that libraries have given us over the centuries to combat the manipulation and misinformation that has now become even easier.

This appeal underscores the role of libraries in supporting universal access to information—a right that transcends geographic location, socioeconomic status, disability, or any other barriers. Our digital lending program is not just about lending responsibly; it’s about strengthening democracy by creating informed global citizens.

The stakes of the lower court decision are high. Publishers coordinated by the AAP (Association of American Publishers), have removed hundreds of thousands of books from controlled digital lending. The publishers have taken more than 500 banned books from our lending library, such as 1984, The Color Purple, and Maus. This is a devastating loss for digital learners everywhere. 

This lawsuit is about more than the Internet Archive; it is about the role of all libraries in our digital age. This lawsuit is an attack on a well-established practice used by hundreds of libraries to provide public access to their collections. The disastrous lower court decision in this case holds implications far beyond our organization, shaping the future of all libraries in the United States and unfortunately, around the world.

If this decision is left to stand, it will take away a library’s ability to lend books from its permanent collections to digital learners.

In the face of challenges to truth, libraries are more vital than ever. 

Let this be a call to action—to protect the core mission of libraries in our digital age.

—Brewster Kahle

Watch full remarks

Statement from Corynne McSherry, legal director of the Electronic Frontier Foundation: “The publishers are not seeking protection from harm to their existing rights. They are seeking a new right: the right to take advantage of technological developments to control how libraries may lend the books they own.” Watch full remarks.

Statement from Michael Blackwell, public library director, St. Mary’s County Library, Maryland: “The digital revolution has helped libraries reach beyond our doors but also presented enormous challenges. Publisher terms prevent us from offering in digital the robust collections we have in print. Literally millions of titles will never be digitized by the publishers because they have no profit incentive. We cannot even guarantee that digital titles we license today will be available tomorrow. To fulfill their traditional mission—the  preservation and dissemination of knowledge to benefit the public—libraries must be allowed to share online the books they legitimately own, as the Internet Archive is doing. Both literally and figuratively, we cannot afford a future in which giant corporations keep reading locked away behind paywalls, and libraries own nothing.”

Statement from John Chrastka, executive director, EveryLibrary: “The Internet Archive is focused on the same goal as every other library: helping readers access books and resources. The ability to lend is fundamental to the work of libraries, and Controlled Digital Lending is a digital solution for that core role. The outcome of this case will have far-reaching implications for readers across the country. I hope the court affirms the ability of all libraries to lend.”

Statement from Winston Tabb, Library of Congress & Johns Hopkins University Library (retired): “The Internet Archive, under the inspiring leadership of Brewster Kahle, is one of the most innovative libraries in the world today. Its focus on preserving and making content accessible to users in responsible ways is a model for other libraries.”

How to Take Action:

1. Send a message to the publishers

Share on X (formerly Twitter): Post to your followers

Hey @HachetteUS, @HarperCollins, @penguinrandom & @WileyGlobal: Instead of suing libraries like @internetarchive, just sell them ebooks they can own & preserve for the public. #SellDontSue

Facebook & Mastodon:

Hey #Hachette, #HarperCollins, #PenguinRandomHouse & #Wiley: Instead of suing libraries like #InternetArchive, just sell them ebooks they can own & preserve for the public. #SellDontSue

2. Support the Internet Archive 

Support the Internet Archive to continue fighting for libraries.

3. Stay connected

Sign up for the Empowering Libraries newsletter for ongoing updates about the lawsuit and our library.

Internet Archive Files Appeal in Publishers’ Lawsuit Against Libraries

Today, the Internet Archive has submitted its appeal [PDF] in Hachette v. Internet Archive. As we stated when the decision was handed down in March, we believe the lower court made errors in facts and law, so we are fighting on in the face of great challenges. We know this won’t be easy, but it’s a necessary fight if we want library collections to survive in the digital age.

Statement from Brewster Kahle, founder and digital librarian of the Internet Archive:
“Libraries are under attack like never before. The core values and library functions of preservation and access, equal opportunity, and universal education are being threatened by book bans, budget cuts, onerous licensing schemes, and now by this harmful lawsuit. We are counting on the appellate judges to support libraries and our longstanding and widespread library practices in the digital age. Now is the time to stand up for libraries.”

We will share more information about the appeal as it progresses. 

To support our ongoing efforts, please donate as we continue this fight! 

What the Hachette v. Internet Archive Decision Means for Our Library

Our library is still strong, growing, and serving millions of patrons. But the publishers’ attack on basic library practices continues.

Linking references in Wikipedia to the cited page in our library.

Last Friday, the Southern District of New York court issued its final order in Hachette v. Internet Archive, thus bringing the lower court proceedings to a close. We disagree with the court’s decision and intend to appeal. In the meantime, however, we will abide by the court’s injunction. 

The lawsuit only concerns our book lending program. The injunction clarifies that the Publisher Plaintiffs will notify us of their commercially available books, and the Internet Archive will expeditiously remove them from lending. Additionally, Judge Koeltl also signed an order in favor of the Internet Archive, agreeing with our request that the injunction should only cover books available in electronic format, and not the publishers’ full catalog of books in print. Separately, we have come to agreement with the Association of American Publishers (AAP), the trade organization that coordinated the original lawsuit with the four publishers, that the AAP will not support further legal action against the Internet Archive for controlled digital lending if we follow the same takedown procedures for any AAP-member publisher. 

So what is the impact of these final orders on our library? Broadly, this injunction will result in a significant loss of access to valuable knowledge for the public. It means that people who are not part of an elite institution or who do not live near a well-funded public library will lose access to books they cannot read otherwise. It is a sad day for the Internet Archive, our patrons, and for all libraries.

Because this case was limited to our book lending program, the injunction does not significantly impact our other library services.  The Internet Archive may still digitize books for preservation purposes, and may still provide access to our digital collections in a number of ways, including through interlibrary loan and by making accessible formats available to people with qualified print disabilities. We may continue to display “short portions” of books as is consistent with fair use—for example, Wikipedia references (as shown in the image above). The injunction does not affect lending of out-of-print books. And of course, the Internet Archive will still make millions of public domain texts available to the public without restriction.

Regarding the monetary payment, we can say that “AAP’s significant attorney’s fees and costs incurred in the Action since 2020 have been substantially compensated by the Monetary Judgement Payment.” 

Thanks to your continued support, our library is still strong, growing, and serving millions of patrons.

Libraries are going to have to fight to be able to buy, preserve, and lend digital books outside of the confines of temporary licensed access. We deeply appreciate your support as we continue this fight!

San Francisco Board of Supervisors Unanimously Passes Resolution in Support of Digital Rights For Libraries

San Francisco City Hall from east end of Civic Center Plaza

In a stunning show of support for libraries, late yesterday afternoon the San Francisco Board of Supervisors voted unanimously to support a resolution backing the Internet Archive and the digital rights of all libraries.

Supervisor Connie Chan, whose district includes the Internet Archive, authored the legislation and brought the resolution before the Board. “At a time when we are seeing an increase in censorship and book bans across the country, we must move to preserve free access to information,” said Supervisor Chan. “I am proud to stand with the Internet Archive, our Richmond District neighbor, and digital libraries throughout the United States.”

WATCH Supervisor Chan introduce the resolution:

What’s in the resolution?

The resolution is a powerful statement in support of libraries, beginning:

Resolution recognizing the irreplaceable public value of libraries, including online libraries like the Internet Archive, and the essential rights of all libraries to own, preserve, and lend both digital and print books to the residents of San Francisco and the wider public; supporting the Internet Archive and its public service mission; and urging the California State Legislature and the United States Congress to support digital rights for libraries, including controlled digital lending and the option for libraries to own their digital collections. 

Read the full resolution

Rally on the steps of San Francisco City Hall

Supporters surround Internet Archive founder Brewster Kahle and District 1 Supervisor Connie Chan on the steps of City Hall.

Before the vote, supporters rallied outside on the steps of City Hall. Joining Supervisor Chan on the steps were Brewster Kahle, Internet Archive; Cindy Cohn, Electronic Frontier Foundation; Chuck Roslof, Wikimedia Foundation; and author and activist Liz Henry.

“It’s a sad day that we have to be here to talk about the importance of maintaining access to information through libraries,” said Brewster Kahle, Digital Librarian of the Internet Archive. “We must stand firm in our commitment to providing Universal Access to All Knowledge.”

“The Internet Archive and its goal of universal access to all human knowledge represents the best of Technology.” said Cindy Cohn, Executive Director of the Electronic Frontier Foundation. “We must stand up for the privacy of our reading, the digital lending strategies that publishers want to promote violates our privacy and our ability to investigate freely.”

“The work of the Wikimedia Foundation centers around providing access to knowledge for all people, around the world.” said Chuck Roslof, Lead Counsel at the Wikimedia Foundation. “In this mission, Wikipedia doesn’t stand alone. Libraries and archives play a critical role as part of our ecosystem of free knowledge, to ensure that all of us have access to reliable, accurate information about the world around us. The Internet Archive is the internet’s library, and it is an invaluable resource to Wikipedia editors and readers…”

Author and disability justice activist Liz Henry spoke about the importance of digital libraries from their experience as a wheelchair user. “Access to digital lending from libraries and the Internet Archive is a critical lifeline for disabled people and seniors.” said Henry, going on to explain how they used the Internet Archive to research a brick that they found under their house during construction. Using materials from the web, as well as digital books from the Internet Archive and San Francisco Public Library, Henry was able to determine that the brick, stamped C H for City Hall, was manufactured in the 1870s, and was part of the original City Hall structure, which burned down in the 1906 earthquake. Henry completed their research while they were having mobility issues and limited to the house, underscoring the importance of digital access to library materials. You can read more about this fascinating discovery on Henry’s blog. 

Many thanks to Supervisor Chan for being a strong advocate for libraries, and for making San Francisco the first municipality to codify the importance of digital libraries and controlled digital lending in a resolution. Many thanks as well to all the supporters who joined us on the steps and who submitted letters in support of the resolution.

Supporters Rally For Library Digital Rights on the Steps of the Internet Archive

More than one hundred supporters gathered on the steps of the Internet Archive last Saturday to rally support for our library in the face of a judgment that threatens the digital future of all libraries. 

Digital rights advocate Lia Holland of Fight for the Future read from the letter signed by Neil Gaiman, Naomi A. Klein, Chuck Wendig, Karen Joy Fowler, Cory Doctorow and more than 1,000 additional authors who are speaking out on behalf of libraries, demanding that publishers and trade associations put the digital rights of librarians, readers, and authors ahead of shareholder profits.

Cindy Cohn, the Executive Director of the Electronic Frontier Foundation (EFF), who are representing Internet Archive in our lawsuit, underscored the valuable role that libraries play in protecting reader privacy; values that are not shared by the corporations and platforms that have become intertwined around ebooks. “When libraries can’t own ebooks, how private will your reading be?” Cohn asked. “Everyone deserves the right to read without someone looking over their shoulder.”

The Internet Law & Policy Foundry’s Lili Siri Spira spoke from her perspective as a “Gen-Z-Millennial cusper growing up on the Internet” about the importance of access to quality information in the face of book bannings and attacks on libraries. “As a former open-source investigator, I know first-hand how important open and free access to knowledge is in order to address the world’s injustices…As a former misinfo analyst, I know what information is out there to replace these burned books and it’s not good,” she said.

Brewster Kahle, the founder and digital librarian of the Internet Archive, gave an impassioned plea about why the lawsuit against the Internet Archive is harmful to libraries and the entire publishing ecosystem. “[The lawsuit] doesn’t make any sense for authors, it doesn’t make any sense for readers, it doesn’t make any sense for libraries, and it doesn’t make any sense for publishers. The library system…has always bought lots of books. But now, [the publishers] are saying you cannot buy an ebook. This makes no sense!” 

The rally wrapped with cheers for continued action in support of libraries’ digital rights. As EFF’s Cindy Cohn shouted to roars from the crowd, “On to the court of appeals!”