Hachette v. Internet Archive
In June 2020, some major publishers - Hachette Book Group, HarperCollins, John Wiley & Sons, Penguin Random House - sued the Internet Archive for copyright infringement. The case is about the activity of the Open Library and of the National Emergency Library managed by Internet Archive. These of...
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| Format: | Article |
| Language: | English |
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Firenze University Press
2023-12-01
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| Series: | JLIS.it |
| Subjects: | |
| Online Access: | https://www.jlis.it/index.php/jlis/article/view/576 |
| _version_ | 1797397638111297536 |
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| author | Fabio Mercanti |
| author_facet | Fabio Mercanti |
| author_sort | Fabio Mercanti |
| collection | DOAJ |
| description | In June 2020, some major publishers - Hachette Book Group, HarperCollins, John Wiley & Sons, Penguin Random House - sued the Internet Archive for copyright infringement. The case is about the activity of the Open Library and of the National Emergency Library managed by Internet Archive. These offered digitisation and lend of printed books owned by the libraries, some of which were protected by copyright. This activity was carried out on the basis of Controlled Digital Lending, a theory not provided by US copyright law. In its March 2023 ruling, the Court agreed with the plaintiffs. In the first part of the article, the activities of the Open Library and the National Emergency Library are briefly reconstructed and the development of the litigation is put into context. The second part is dedicated to Controlled Digital Lending: the implementation process is defined, the position of its theorists is explored and the legal framework on which it is based, is reconstructed. The third part presents the main reasons for the prosecution and the Court's decision. Finally, some reflections are proposed.
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| first_indexed | 2024-03-09T01:14:00Z |
| format | Article |
| id | doaj.art-c125fda3696e41bf9cd8be89f1b92bf5 |
| institution | Directory Open Access Journal |
| issn | 2038-1026 |
| language | English |
| last_indexed | 2024-03-09T01:14:00Z |
| publishDate | 2023-12-01 |
| publisher | Firenze University Press |
| record_format | Article |
| series | JLIS.it |
| spelling | doaj.art-c125fda3696e41bf9cd8be89f1b92bf52023-12-10T17:24:02ZengFirenze University PressJLIS.it2038-10262023-12-0114310.36253/jlis.it-576Hachette v. Internet ArchiveFabio Mercanti0Sapienza università di RomaIn June 2020, some major publishers - Hachette Book Group, HarperCollins, John Wiley & Sons, Penguin Random House - sued the Internet Archive for copyright infringement. The case is about the activity of the Open Library and of the National Emergency Library managed by Internet Archive. These offered digitisation and lend of printed books owned by the libraries, some of which were protected by copyright. This activity was carried out on the basis of Controlled Digital Lending, a theory not provided by US copyright law. In its March 2023 ruling, the Court agreed with the plaintiffs. In the first part of the article, the activities of the Open Library and the National Emergency Library are briefly reconstructed and the development of the litigation is put into context. The second part is dedicated to Controlled Digital Lending: the implementation process is defined, the position of its theorists is explored and the legal framework on which it is based, is reconstructed. The third part presents the main reasons for the prosecution and the Court's decision. Finally, some reflections are proposed. https://www.jlis.it/index.php/jlis/article/view/576Hachette v. Internet ArchiveControlled digital lendingOpen libraryDigital lending. |
| spellingShingle | Fabio Mercanti Hachette v. Internet Archive JLIS.it Hachette v. Internet Archive Controlled digital lending Open library Digital lending. |
| title | Hachette v. Internet Archive |
| title_full | Hachette v. Internet Archive |
| title_fullStr | Hachette v. Internet Archive |
| title_full_unstemmed | Hachette v. Internet Archive |
| title_short | Hachette v. Internet Archive |
| title_sort | hachette v internet archive |
| topic | Hachette v. Internet Archive Controlled digital lending Open library Digital lending. |
| url | https://www.jlis.it/index.php/jlis/article/view/576 |
| work_keys_str_mv | AT fabiomercanti hachettevinternetarchive |