The Future of Online Lending: A Discussion of Controlled Digital Lending and Hachette with the Internet Archive

The Internet Archive offers Controlled Digital Lending (CDL), where it lends digital copies of books to patrons — but ensures that the number of books owned is equal to the number loaned. Through the Open Library, the Internet Archive aims to “make all the published works of humankind available to everyone in the world.”

In June 2020, four major publishers sued the Archive for copyright infringement, alleging that CDL threatens their business model. 

Brewster Kahle, founder and digital librarian of the Internet Archive, spoke about the pending Hachette v. Internet Archive case and the future of digital libraries. Kahle  was joined by Rebecca Tushnet, Ruth Okediji, Kyle Courtney, all amici in the case, and Jonathan Zittrain. 

The panel explored the background of the case and the National Emergency Library, the value of CDL for online libraries and public access, CDL’s fair use implications, and the future of online libraries and large publishers.

The Berkman Klein Center presented this event in collaboration with the Journal of Law and Technology (JOLT).

Speakers:

Brewster Kahle, Founder and Director of the Internet Archive

Rebecca Tushnet, Frank Stanton Professor of the First Amendment, Harvard Law School

Kyle Courtney, Program Manager and Copyright Advisor, Harvard Library Office for Scholarly Communication

Jonathan Zittrain, George Bemis Professor of International Law at Harvard Law School and the Harvard Kennedy School of Government, Professor of Computer Science at the Harvard School of Engineering and Applied Sciences, Director of the Harvard Law School Library, and Co-Founder of the Berkman Klein Center for Internet & Society.

Moderator: Ruth Okediji, Jeremiah Smith, Jr. Professor of Law, Harvard Law School

Readings

Internet Archive Seeks Summary Judgment in Federal Lawsuit Filed By Publishing Companies

Hachette Book Group, Inc. v. Internet Archive, 1:20-cv-04160 – CourtListener.com

Amicus in Hachette v. Internet Archive

If publishers have their way, libraries’ digital options will see major cuts | The Hill

Cyberlaw Clinic works with amici to support Internet Archive’s controlled digital lending efforts