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Why a ruling against the Internet Archive threatens the future of America’s libraries

MIT Technology Review – “The decision locks libraries into an ecosystem that is not in readers’ interests. Congress must act. I was raised in the 1980s and ’90s, and for my generation and generations before us, the public library was an equalizing force in every town, helping anyone move toward the American dream. In Chantilly, Virginia, where I grew up, it didn’t matter if you didn’t have a computer or your parents lacked infinite money for tutors—you could get a lifetime’s education for free at the public library. A ruling from the US Second Circuit against the Internet Archive and in favor of publisher Hachette has just thrown that promise of equality into doubt by limiting libraries’ access to digital lending. To understand why this is so important to the future of libraries, you first have to understand the dire state of library e-book lending.  Libraries have traditionally operated on a basic premise: Once they purchase a book, they can lend it out to patrons as much (or as little) as they like. Library copies often come from publishers, but they can also come from donations, used book sales, or other libraries. However the library obtains the book, once the library legally owns it, it is theirs to lend as they see fit.  Not so for digital books. To make licensed e-books available to patrons, libraries have to pay publishers multiple times over. First, they must subscribe (for a fee) to aggregator platforms such as Overdrive. Aggregators, like streaming services such as HBO’s Max, have total control over adding or removing content from their catalogue. Content can be removed at any time, for any reason, without input from your local library. The decision happens not at the community level but at the corporate one, thousands of miles from the patrons affected.  Then libraries must purchase each individual copy of each individual title that they want to offer as an e-book. These e-book copies are not only priced at a steep markup—up to 300% over consumer retail—but are also time- and loan-limited, meaning the files self-destruct after a certain number of loans. The library then needs to repurchase the same book, at a new price, in order to keep it in stock. This upending of the traditional order puts massive financial strain on libraries and the taxpayers that fund them. It also opens up a world of privacy concerns; while libraries are restricted in the reader data they can collect and share, private companies are under no such obligation…”

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