On June 28, representatives of the Internet Archive online platform (IA) defended their use of Controlled Digital Lending (CDL) before a panel of three judges. CDL allows libraries to temporarily digitize materials from their collections. The platform had faced a lawsuit from book publishers last year, who argued that providing materials to users violated copyright law. The publishers ultimately won the case.
Prior to filing an appeal, IA was forced to remove 500,000 books from its collection, causing dismay among users. In an open letter to publishers, over 30,000 readers, scientists, and writers pleaded for the restoration of access to the books, claiming that their removal had disproportionately impacted low-income families, disabled individuals, rural residents, and members of sexual minorities.
During a press conference on June 28, IA’s Broister Kale expressed frustration that user requests had gone unanswered. The judges’ primary concern appeared to be the potential financial harm to publishers, as the cost of licensed books continues to rise beyond the reach of many readers.
IA’s legal team reported that the judges seemed receptive to their arguments. What was expected to be a brief 20-minute hearing extended to 1.5 hours. The judges opted not to issue an immediate decision, with a verdict expected in the coming months or possibly next year.
Meanwhile, the Association of American Publishers (AAP), the plaintiffs in the case, declined to provide detailed comments on the proceedings. An AAP representative simply acknowledged that the meeting had been tense and stated that the organization is anticipating the court’s ruling.
Internet Archive has previously faced legal challenges, including a case brought by several music labels such as Sony Music Entertainment and Universal Music Group, alleging copyright infringement related to the digitization of historical records.