The US Court of Appeals for the Second Circuit recently ruled in Hachette v Internet Archive that the Internet Archive's Open Library violated copyright law. Molly White today published the best response I have seen so far:
My beliefs are simple, and hardly radical: Libraries are critical infrastructure. Access to information is a human right. When you buy a book you should truly own it. When a library buys a book, they should be able to lend it. Readers should be able to read without any third parties spying over their shoulders, or preventing them from accessing the materials they have legally obtained.
Hachette and the other plaintiff publishers have argued that, by lending out one-to-one digital copies of books they have legally purchased, the Internet Archive’s Open Library is infringing upon the publishers’ copyright and damaging their sales. And, without any evidence of actual harm to the publishers, the Second Circuit went right along with it. They also went a step further, again without evidence, to suggest that libraries are inherently detrimental to society.
[B]y fighting [Controlled Digital Lending], publishers are seeking to overstep the established boundaries of intellectual property law to exert continued control over an item that has already been purchased from them. And they are seeking to diminish the critical rights of readers to read the books they want without being subjected to censorship and surveillance. This is part and parcel with other attempts by digital publishers — of books, but also of films, video games, and other media — to turn media purchases into rentals, so as to extract endless money and private data from their customers.
In other words: even though libraries have been around far longer than the Copyright Act itself, libraries are now a threat to authors. The true meaning is clear: publishers’ abilities to extract exorbitant rents and exert control over readers outweigh the incredible benefits of increased public access to books.
US law protects rentiers better than most of our peer countries' laws do. Yet another reason to get the plutocratic Republicans out of Congress.