Internet Archive Files Appeal Brief Defending Libraries and Digital Lending From Big Publishers’ Legal Attack

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SAN FRANCISCO—A cartel of major publishing companies must not be allowed to criminalize fair-use library lending, the Internet Archive argued in an appellate brief filed today. 

The Internet Archive is a San Francisco-based 501(c)(3) non-profit library which preserves and provides access to cultural artifacts of all kinds in electronic form. The brief filed in the U.S. Court of Appeal for the Second Circuit by the Electronic Frontier Foundation (EFF) and Morrison Foerster on the Archive’s behalf explains that the Archive’s Controlled Digital Lending (CDL) program is a lawful fair use that preserves traditional library lending in the digital world. 

“Why should everyone care about this lawsuit? Because it is about preserving the integrity of our published record, where the great books of our past meet the demands of our digital future,” said Brewster Kahle, founder and digital librarian of the Internet Archive. “This is not merely an individual struggle; it is a collective endeavor for society and democracy struggling with our digital transition. We need secure access to the historical record. We need every tool that libraries have given us over the centuries to combat the manipulation and misinformation that has now become even easier.”

“This appeal underscores the role of libraries in supporting universal access to information—a right that transcends geographic location, socioeconomic status, disability, or any other barriers,” Kahle added. “Our digital lending program is not just about lending responsibly; it’s about strengthening democracy by creating informed global citizens.”

Through CDL, the Internet Archive and other libraries make and lend out digital scans of print books in their collections, subject to strict technical controls. Each book loaned via CDL has already been bought and paid for, so authors and publi

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