The Internet Archive has concluded its protracted legal dispute over offering free e-books without publishers’ permission, opting not to challenge a U.S. appeals court’s ruling against it.
In September, the U.S. Court of Appeals for the Second Circuit upheld a Manhattan federal court’s decision that the Archive’s “controlled digital lending” program violated copyright law.
The ruling also imposed a permanent injunction, requiring the removal of unauthorised scanned books. The Archive had opportunity to appeal to the U.S. Supreme Court but chose not to proceed.
The legal battle began in 2020 when four major publishers—Hachette Book Group, HarperCollins Publishers, John Wiley & Sons, and Penguin Random House—filed a lawsuit accusing the Archive of illegally distributing free digital copies of more than 100 books, including works by authors like Toni Morrison and J.D. Salinger.
Maria A. Pallante, president and CEO of the Association of American Publishers, welcomed the conclusion, stating, “This decisive opinion leaves no room for arguments that ‘controlled digital lending’ is anything more than infringement.”
While expressing disappointment with the ruling, Chris Freeland, the Internet Archive’s director of library services, affirmed their commitment to honoring agreements with publishers to remove books from lending upon request.
The case has been closely watched as it touches on critical issues surrounding copyright, fair use, and digital access to literary works.
