Tag Archives: lawsuit

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.

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!

Friend of the Court Briefs Filed in Internet Archive’s Appeal

Last week saw a massive outpouring of support for the Internet Archive and our legal positions from prominent library and nonprofit organizations, as well as hundreds of librarians and academics, who filed amicus (“friend of the court”) briefs in the Hachette v. Internet Archive Second Circuit appeal. Read on to learn why they believe our appeal should succeed.

American Library Association and Association of Research Libraries. This brief supports the Internet Archive’s position that our use of Controlled Digital Lending is a nonprofit educational use rather than a “commercial” one, and urges the Court to consider the broader impact its decision will have on a host of everyday library practices that rely on fair use. “Libraries rely on fair use at every step in a typical digital preservation workflow, from cataloging to access.” Read the full brief here.

Authors Alliance. This brief voices the strong support of authors for the Internet Archive and controlled digital lending. “Authors want and need libraries to purchase their books, but the copyright system has never required libraries to pay for those books again and again in order to provide readers with access in formats relevant to them in light of evolving technology.” Read the full brief here.

Center for Democracy & Technology, Library Freedom Project, and Public Knowledge. This brief focuses on the significant privacy issues at play in this case. “Readers should not have to choose to either forfeit their privacy or forgo digital access to information; nor should libraries be forced to impose this choice on readers. CDL provides an ecosystem where all people, including those with mobility limitations and print disabilities, can pursue knowledge in a privacy-protective manner.” Read the full brief here.

Copia Institute. This brief raises the important First Amendment considerations embodied in fair use, arguing that the district court decision rejecting Internet Archive’s fair use defense put copyright law in conflict with the Constitution. “Copyright law should want to promote access to works, because it does nothing to promote progress if the law incentives the creation of works that no one can actually enjoy. In this case, enabling the books that were already lawfully readable to be read is what copyright law should instead be glad for the Internet Archive to do.” Read the full brief here.

Copyright Scholars. In this brief, 11 prominent copyright scholars argue forcefully for the Second Circuit to overturn the district court’s decision. “By eliminating the ability of libraries to use CDL as a means of ensuring long-term affordable digital access to their collections, publishers threaten the core functions of the library—acquiring, preserving, and sharing information. Avoiding those public harms urges a finding of fair use.” Read the full brief here.

eBook Study Group, Library Futures Project, EveryLibrary Institute, ReadersFirst, SPARC, ASERL, BLC, PALCI, Urban Libraries Unite and 218 individual librarians. This brief explains the history and development of CDL, how deeply embedded the practice is today, and urges the appellate Court not to disrupt this long-standing and widespread practice. “CDL has become a critical part of library practice in the United States because it provides a reasonable way to offer digital access to libraries’ legally acquired collections. Over 100 libraries across the United States rely on a CDL program to distribute their collections, particularly for out-of-print works, reserves, or for works that are less frequently circulated.” Read the full brief here.

HathiTrust. Digital Library consortium HathiTrust cautions the appellate court not to follow the district court’s ruling that IA’s use was “commercial” or harmed the publishers market, and warns against a broad ruling that could sweep in many other digital library practices. “[The district court’] ruling has been widely perceived by libraries as a threat to lending of digital copies in general, or even “part of a broader historical push to make libraries obsolete.” Neither the record in this case nor the applicable law supports such a result.” Read the full brief here.

Intellectual Property Law Professors. This brief focuses entirely on the district court’s deeply problematic ruling the the Internet Archive’s controlled digital lending program is “commercial.” “While there are many commercial fair uses, the Internet Archive’s digital lending program falls on the specially favored nonprofit, noncommercial side. The District Court therefore erred in interpreting “commercial” so broadly as to encompass the Internet Archive’s nonprofit lending.” Read the full brief here.

Kevin L. Smith and William M Cross. In this brief, two library and information scholars and historians with deep expertise regarding libraries and archives explain that “CDL is just one of numerous innovations in library services that have been developed and implemented through many decades and can be adapted to legal requirements. This case presents an opportunity for the Court to make clear that libraries, acting within the law, have the imperative to deploy technologies and build innovative services in furtherance of broad access to information.” Read the full brief here.

Law Library Directors, Professors and Academics. Over 50 law library directors, professors, librarians, and graduate students signed onto this brief arguing that the district court did not appropriately consider the public benefits of CDL. “Neither the public nor authors, both of whom are the intended beneficiaries of copyright, benefit from libraries spending public or community funds on the same content repeatedly instead of acquiring new content. The logical consequence is that the public has access to fewer authors and works, fewer authors get wide exposure, and fewer works are preserved for future generations.” Read the full brief here.

Wikipedia, Creative Commons, and Project Gutenberg. Three prominent open knowledge organizations filed this brief focusing on the damage the lower court ruling could do to all nonprofit uses of in-copyright material. “The district court’s decision contains factual and legal errors that, if endorsed by this Court, could threaten the ability of all nonprofits to make fair use of copyrighted material.” Read the full brief here.



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.

Statement from Corynne McSherry, Legal Director, Electronic Frontier Foundation

The Electronic Frontier Foundation is proud to join with our co-counsel Morrison and Foerster to represent the Internet Archive in challenging the district court’s ruling in this case.

For centuries, libraries have served their patrons by purchasing books and lending them for free. In the United States, libraries predated the founding of the nation – in fact they contributed to it by improving access to knowledge. Today, libraries serve many purposes, providing Internet access, meeting spaces, and even community pantries. But the heart of their mission remains the same: lending.

What has changed is how that core mission is accomplished. Like copyright law itself, library lending has evolved as new systems and technologies have created new ways to meet patron needs. For the past decade, that evolution has included controlled digital lending—a modern, more efficient version of lending that is used by libraries across the country. Controlled digital lending allows libraries to lend books via the internet subject to strict controls, for a limited time, to one patron at a time.

But four giant publishers claim that this service violates their copyrights and threatens their businesses. They are wrong: Libraries have paid publishers billions of dollars for the books in their print collections. CDL merely helps libraries better serve their patrons, but still lending just one book at a time. It is fundamentally the same as traditional library lending and poses no harm to authors or the publishing industry. In fact, the concrete evidence in this case shows that the Archive’s digital lending does not and will not harm the market for books.

The district court gave short shrift to that evidence, one of many flaws in the ruling. Another was that it concluded that the Internet Archive’s free public library is actually a commercial activity. According to the court, a nonprofit has a commercial purpose if it derives virtually any benefit connected to its a work – including ordinary nonprofit activities like attracting new members, receiving recognition from its community, or having a donate button its website. That definition of “commercial” runs contrary to well-established precedent. What is worse, it would apply to almost every library and public interest organization in the country. It doesn’t make sense.

Our brief explains why the court was wrong, and why controlled digital lending is a lawful fair use. But the core problem is this: 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.   

They should not succeed. The Internet Archive and the hundreds of libraries and archives that support it are not pirates or thieves. They are librarians, striving to serve their patrons online just as they have done for centuries in the brick-and-mortar world. We are confident the Second Circuit will see that, and rule according.

Statement from Brewster Kahle: Appeal is ‘a fight to keep library books available for those seeking truth in the digital age.’

On December 15, 2023, Brewster Kahle, founder and digital librarian of the Internet Archive, spoke at a press event for the filing of Internet Archive’s opening appellate brief in Hachette v. Internet Archive. These are his remarks:

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

Updated 12/15/23 to include video.

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!

Our Fight is Far From Over

Four months after the disappointing decision on summary judgment in Hachette v. Internet Archive, a number of papers were filed today in the district court, and then the judge is expected to make his final judgment. We expect that, at least while the appeal is pending, there will be changes to our lending program, but the full scope of those changes is a question pending with the district court. We will provide an update on those changes once the district court decision is final.

Our fight is far from over—We remain steadfast in our belief that libraries should be able to own, preserve, and lend digital books outside of the confines of temporary licensed access. We believe that the judge made errors of law and fact in the decision, and we will appeal.

Statement from Internet Archive founder, Brewster Kahle:
“Libraries are under attack at unprecedented scale today, from book bans to defunding to overzealous lawsuits like the one brought against our library. These efforts are cutting off the public’s access to truth at a key time in our democracy. We must have strong libraries, which is why we are appealing this decision.”

How to Take Action:

Stand up for libraries
Stand up for the digital rights of all libraries! Join the Battle for Libraries: https://www.battleforlibraries.com/ 

Support the Internet Archive 
Support the Internet Archive to continue fighting for libraries in court!

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