Popular Science: “Internet Archive, a non-profit digital library and a massive repository of online artifacts, has been collecting mementos of the ever-expanding World Wide Web for over two decades, allowing users to revisit sites that have since been changed or deleted. But like the web, it too has evolved since its genesis, and in the aughts, it also began to offer a selection of ebooks that any internet user can check out with the creation of a free account. That latter feature has gotten the organization in some trouble. Internet Archive was sued by a suite of four corporate publishers in 2020 over copyright controversies—with one side saying that what Internet Archive does is preservation, and the other saying that it’s piracy, since it freely distributes books as image files without compensating the author. Last week, the ongoing case entered a new chapter as the nonprofit organization filed a motion for summary judgment, asking a federal judge to put a stop to the lawsuit, arguing that their Controlled Digital Lending program “is a lawful fair use that preserves traditional library lending in the digital world” since “each book loaned via CDL has already been bought and paid for.” On Friday, Creative Commons issued a statement supporting Internet Archive’s motion…”

See also Internet Archive Blogs: Internet Archive Seeks Summary Judgment in Federal Lawsuit Filed By Publishing Companies: “The motion for summary judgment, filed Thursday in the U.S. District Court for the Southern District of New York by the Electronic Frontier Foundation (EFF) and Durie Tangri LLP, explains that our Controlled Digital Lending (CDL) program is a lawful fair use that preserves traditional library lending in the digital world.  The brief explains how the Internet Archive is advancing the purposes of copyright law by furthering public access to knowledge and facilitating the creation of new creative and scholarly works. The Internet Archive’s digital lending hasn’t cost the publishers one penny in revenues; in fact, concrete evidence shows that the Archive’s digital lending does not and will not harm the market for books…”