The Internet Archive has lost its first fight to scan and lend e-books like a library

In a major blow to libraries and users of the Internet Archive, the U.S. Supreme Court recently declined to hear the case of Authors Guild v. HathiTrust and the Internet Archive. This case was in regards to a 2014 decision by the U.S. Second Circuit Court of Appeals that the Internet Archive could legally scan and lend out e-books just like a library does with physical books.

This ruling was seen as a major victory for digital librarians and users alike. It meant that any user could access an online library of scanned books that could be read and borrowed, just as they would in a physical library. This was a significant opportunity to break down the digital divide between those who can afford to pay for e-books, and those who rely on libraries for access to digital works.

Unfortunately, the Supreme Court’s decision not to hear this case means that the 2014 Appeals Court ruling will not stand, and the legality of the Internet Archive’s practices remain unclear. This means that the Internet Archive, one of the largest digital libraries in the world, cannot continue to scan and lend out e-books like a library. This is a major blow to users who may lack the resources or technology to access e-books any other way.

The Authors Guild lawsuit had argued that the Internet Archive’s activities constituted copyright infringement. The Appeals Court disagreed, ruling that the Archive was operating within the scope of fair use. The Supreme Court’s refusal to hear the case means that this decision will not stand, leaving the status of the Internet Archive’s activities in legal limbo.

Ultimately, the Supreme Court’s refusal to hear this case will be a setback for libraries and their users. The Internet Archive had been providing a valuable service to many people, and the Supreme Court deciding not to hear the case means that their digital lending practices will remain in legal limbo. It remains to be seen if the Internet Archive will mount a new challenge to their practices, or if other organizations will step up in its place. Whatever the outcome, this decision impacts users who rely on libraries for their digital access.