Showing posts with label Internet Archive. Show all posts
Showing posts with label Internet Archive. Show all posts

Thursday, September 5, 2024

The Internet Archive Loses Its Appeal of a Major Copyright Case; Wired, September 4, 2024

 Kate Knibbs, Wired; The Internet Archive Loses Its Appeal of a Major Copyright Case

"THE INTERNET ARCHIVE has lost a major legal battle—in a decision that could have a significant impact on the future of internet history. Today, the US Court of Appeals for the Second Circuit ruled against the long-running digital archive, upholding an earlier ruling in Hachette v. Internet Archive that found that one of the Internet Archive’s book digitization projects violated copyright law.

Notably, the appeals court’s ruling rejects the Internet Archive’s argument that its lending practices were shielded by the fair use doctrine, which permits for copyright infringement in certain circumstances, calling it “unpersuasive.”"

Tuesday, August 22, 2023

The Dream Was Universal Access to Knowledge. The Result Was a Fiasco.; The New York Times, August 13, 2023

 David Streitfeld, The New York Times; The Dream Was Universal Access to Knowledge. The Result Was a Fiasco.

"In the middle of this mess are writers, whose job is to produce the books that contain much of the world’s best information. Despite that central role, they are largely powerless — a familiar position for most writers. Emotions are running high...

It’s rarely this nasty, but free vs. expensive is a struggle that plays out continuously against all forms of media and entertainment. Neither side has the upper hand forever, even if it sometimes seems it might.

“The more information is free, the more opportunities for it to be collected, refined, packaged and made expensive,” said Stewart Brand, the technology visionary who first developed the formulation. “The more it is expensive, the more workarounds to make it free. It’s a paradox. Each side makes the other true.”"

Friday, January 6, 2023

The Top 10 Library Stories of 2022; Publishers Weekly, December 9, 2023

Andrew Albanese, Publishers Weekly; The Top 10 Library Stories of 2022

PW looks back at the library stories that captivated the publishing world this year, and what they portend for 2023

"1. Attacks on the Freedom to Read Escalate

In 2022, a pernicious wave of politically motivated book bans continued to surge in local library and school districts across the nation, with the overwhelming majority of book challenges involving LGBTQ authors and themes or issues of race and social justice. And as a new year approaches, observers say the attacks on libraries and schools are only intensifying.

The numbers tell a disturbing story. In April, the ALA’s Office for Intellectual Freedom released its annual report on banned and challenged books, announcing that it had tracked some 729 challenges involving 1,597 individual titles in 2021—the highest number of challenges since ALA began compiling its most-challenged-books lists 20 years ago. And during Banned Books Week in September, the ALA reported that the number of challenges through the first eight months of 2022 was on pace to shatter the already-record-breaking numbers from 2021...

2. State Legislators Take Aim at Libraries and Schools

In 2022, threats to the freedom to read escalated at the state level as well as the local level, with a host of new state measures targeting the work of libraries.

In March, Florida governor Ron DeSantis signed HB 1467,which mandates a public review of all public school instructional material, including library books, part of suite of laws signed under the guise of parental rights. In Tennessee, legislators passed HB 2666, which, among its provisions, vests the state’s textbook commission (rather than local decision makers) with final authority over whether challenged works can remain in school libraries. In Kentucky, lawmakers passed SB 167, which critics say will politicize library boards by giving local elected judges broad control to appoint members and veto power over large expenditures.

In Missouri, Secretary of State Jay Ashcroft proposed a vague new “Protection of Minors” rule for libraries that would prohibit state funds from being used for materials deemed to “appeal to the prurient interests of any minor.” The new rule follows the passage of SB 775, a recently enacted state law that threatens criminal charges for Missouri librarians and teachers found to have provided “explicit sexual material” to students. In November, PEN America reported that fear of prosecution under the new law has already led librarians and educators to pull some 300 titles across 11 school districts.

And in a proposal sure to get publishers’ attention, Texas state representative Tom Oliverson proposed HB 338, a bill that would require publishers to create an “age appropriate” rating system for books sold to Texas school libraries, while also giving state officials the power to direct publishers to change ratings state officials disagree with, and to bar schools from doing business with publishers that do not comply.

3. Congress Holds Hearings on Book Bans, Introduces a Bill to Support School Librarians

The surge in book bans and legislative attacks on the freedom to read didn’t only register at the state and local levels in 2022—it captured the attention of Congress as well.

In April, the U.S. House of Representatives’ Subcommittee on Civil Rights and Civil Liberties held a hearing on the coordinated attacks on the freedom to read in libraries and schools, and in May held a second hearing focused on schools. At the second hearing, held on May 19, chairman Jamie Raskin, a Democrat from Maryland, forcefully condemned new state laws seeking to ban books and prohibit the discussion of certain allegedly divisive subjects, like critical race theory and the LGBTQ community, calling such efforts “the hallmark of authoritarian regimes.” The laws, Raskin concluded, “are being used to undermine public faith in public schools and destroy one of the key pillars of our democracy.”

Meanwhile, two lawmakers this fall introduced a bicameral bill designed to support school libraries and protect school librarians. Introduced on October 6 by Rhode Island senator Jack Reed and Arizona representative Raúl Grijalva, both Democrats, the Right to Read Act (S 5064 and HR 9056) would authorize $500 million in grants to states to support school libraries in underserved areas. And, crucially, it would also extend “liability protections” to teachers and school librarians, which supporters say is a direct response to the rise in state laws threatening them with civil actions and criminal charges simply for making books available to students.

The bill was welcome news for school librarians, even though with just days left before the end of the 117th Congress it is all but dead on arrival. Advocates say the legislation lays down an important marker for federal action and will be reintroduced in 2023."

Friday, February 25, 2022

PRH, Internet Archive Clash Over ‘Maus’; Publishers Weekly, February 15, 2022

Calvin Reid, Publishers Weekly; PRH, Internet Archive Clash Over ‘Maus’

"However, Lisa Lucas, senior v-p and publisher of Pantheon Schocken, the PRH division which publishes Maus, denies the allegation. In response, Lucas emphatically denied the claim. “That is not true,” she said, framing the issue around copyright concerns rather than consumer demand. “Art Spiegelman has never consented to an e-book of Maus," Lucas said. "Therefore, PRH asked the Internet Archive to remove the PDF and stop pirating Maus because it violates Art Spiegelman’s copyright.”

Although best known for its collection of public domain titles, the Internet Archive also offers a lending library of more than 2 million modern titles “not in the public domain,” Freeland said. IA offers digital lending of these titles under a controversial policy called Controlled Digital Lending, or CDL, in which IA scans the book and lends out a PDF of the title, one copy per lender at a time, much like a physical book.

In June 2020, four publishers, including PRH, filed a lawsuit against the IA charging it with copyright infringement. The case is still working its way through the courts."

Friday, July 24, 2020

Internet Archive to Publishers: Drop ‘Needless’ Copyright Lawsuit and Work with Us; Publishers Weekly, July 23, 2020

Andrew Albanese, Publishers Weekly; Internet Archive to Publishers: Drop ‘Needless’ Copyright Lawsuit and Work with Us

"During a 30-minute Zoom press conference on July 22, Internet Archive founder Brewster Kahle urged the four major publishers suing over the organization’s book scanning efforts to consider settling the dispute in the boardroom rather than the courtroom.

“Librarians, publishers, authors, all of us should be working together during this pandemic to help teachers, parents, and especially students,” Kahle implored. “I call on the executives of Hachette, HarperCollins, Wiley, and Penguin Random House to come together with us to help solve the challenging problems of access to knowledge during this pandemic, and to please drop this needless lawsuit.”

Kahle’s remarks came as part of a panel, which featured a range of speakers explaining and defending the practice of Controlled Digital Lending (CDL), the legal theory under which the Internet Archive has scanned and is making available for borrowing a library of some 1.4 million mostly 20th century books."

Friday, June 12, 2020

Internet Archive ends “emergency library” early to appease publishers; Ars Technica, June 11, 2020

Timothy B. Lee, Ars Technica; Internet Archive ends “emergency library” early to appease publishers

Online library asks publishers to “call off their costly assault.”

 

"The Internet Archive has ended its National Emergency Library programs two weeks earlier than originally scheduled, the organization announced in a Wednesday blog post

"We moved up our schedule because, last Monday, four commercial publishers chose to sue Internet Archive during a global pandemic," the group wrote. The online library called on publishers to "call off their costly assault."

But that doesn't seem very likely. The Internet Archive isn't ending its online book lending program altogether. Instead, the group is returning to a "controlled digital lending" (CDL) model that it had followed for almost a decade prior to March. Under that model, the group allows only one patron to digitally "check out" a book for each physical copy the library has in stock. If more people want to read a book than are physically available, patrons are added to a waiting list until someone checks the book back in...

Experts have told Ars that the CDL concept has a better chance of winning approval from the courts than the "emergency library" idea with unlimited downloads. But the legality of CDL is far from clear. Some libraries have been practicing it for several years without legal problems. But publishers and authors' rights groups have never conceded its legality, and the issue hasn't been tested in court."

Monday, June 8, 2020

Publishers Sue Internet Archive Over Free E-Books; The New York Times, June 1, 2020

, The New York Times; Publishers Sue Internet Archive Over Free E-Books

Penguin Random House, HarperCollins, Hachette and Wiley accused the nonprofit of piracy for making over 1 million books free online.

"A group of publishers sued Internet Archive on Monday, saying that the nonprofit group’s trove of free electronic copies of books was robbing authors and publishers of revenue at a moment when it was desperately needed.

Internet Archive has made more than 1.3 million books available free online, which were scanned and available to one borrower at a time for a period of 14 days, according to the complaint. Then in March, the group said it would lift all restrictions on its book lending until the end of the public health crisis, creating what it called “a National Emergency Library to serve the nation’s displaced learners.”

But many publishers and authors have called it something different: theft.

“There is nothing innovative or transformative about making complete copies of books to which you have no rights and giving them away for free,” said Maria A. Pallante, president of the Association of American Publishers, which is helping to coordinate the industry’s response. “They’ve stepped in downstream and taken the intellectual investment of authors and the financial investment of publishers, they’re interfering and giving this away.”"

Wednesday, April 1, 2020

Copyright Alliance blasts Internet Archive’s Emergency Library launch as “vile”; ZDNet, March 31, 2020

, ZDNet; Copyright Alliance blasts Internet Archive’s Emergency Library launch as “vile”

The National Emergency Library opened to help learners “displaced” by COVID-19.

"The Authors Guild said that COVID-19 has been used "as an excuse to push copyright law further out to the edges" which, in turn, is causing authors that are already struggling to pay the bills additional harm...

"Acting as a piracy site -- of which there already are too many -- the Internet Archive tramples on authors' rights by giving away their books to the world," the group says.  
More criticism has come in the form of comments made by the Copyright Alliance, an organization that represents the rights of those in creative industries including authors and artists. CEO Keith Kupferschmid noted that creators are among the hardest hit at present, and while projects have been set up to help those in these industries, the executive said IA's project is making "things much worse for those that need our help.""

Sunday, March 29, 2020

Internet Archive offers 1.4 million copyrighted books for free online; Ars Technica, March 28, 2020

Timothy B. Lee, Ars Technica; Internet Archive offers 1.4 million copyrighted books for free online

Massive online library project is venturing into uncharted legal waters.


""The Internet Archive will suspend waitlists for the 1.4 million (and growing) books in our lending library by creating a National Emergency Library to serve the nation’s displaced learners," the Internet Archive wrote in a Tuesday post. "This suspension will run through June 30, 2020, or the end of the US national emergency, whichever is later."
The Tuesday announcement generated significant public interest, with almost 20,000 new users signing up on Tuesday and Wednesday. In recent days, the Open Library has been "lending" 15,000 to 20,000 books per day.
“The library system, because of our national emergency, is coming to aid those that are forced to learn at home,” said Internet Archive founder Brewster Kahle. The Internet Archive says the program will ensure students are able to get access to books they need to continue their studies from home during the coronavirus lockdown."

Tuesday, January 29, 2019

Video and audio from my closing keynote at Friday's Grand Re-Opening of the Public Domain; BoingBoing, January 27, 2019

Cory Doctorow, BoingBoing; Video and audio from my closing keynote at Friday's Grand Re-Opening of the Public Domain

"On Friday, hundreds of us gathered at the Internet Archive, at the invitation of Creative Commons, to celebrate the Grand Re-Opening of the Public Domain, just weeks after the first works entered the American public domain in twenty years.
 

I had the honor of delivering the closing keynote, after a roster of astounding speakers. It was a big challenge and I was pretty nervous, but on reviewing the saved livestream, I'm pretty proud of how it turned out.

Proud enough that I've ripped the audio and posted it to my podcast feed; the video for the keynote is on the Archive and mirrored to Youtube.

The whole event's livestream is also online, and boy do I recommend it."