Why a Ruling Against the Internet Archive Threatens the Future of America’s Libraries

By: Chris Lewis (MIT Technology Review)

I grew up in the 1980s and ’90s, and for my generation—and those before us—the public library was a powerful equalizer in every community, offering anyone the opportunity to pursue the American dream. In Chantilly, Virginia, where I spent my childhood, it didn’t matter if you didn’t own a computer or if your parents couldn’t afford expensive tutors; the public library provided a free, lifelong education for all. But a recent ruling by the US Second Circuit, siding with publisher Hachette against the Internet Archive, now threatens that promise of equality by restricting libraries’ ability to lend digital books.

To understand the significance of this decision for the future of libraries, it’s crucial to grasp the precarious state of e-book lending.

Historically, libraries have operated on a simple principle: once they purchase a physical book, they can lend it out as often as they like. Whether through publishers, donations, used book sales, or even trades with other libraries, once a book legally belongs to the library, they have full control over lending it.

Digital books, however, operate under a different set of rules. For libraries to provide access to e-books, they must repeatedly pay publishers. This starts with subscribing to aggregator platforms like Overdrive, which charge fees and function similarly to streaming services like HBO Max. These platforms control the availability of content, adding or removing titles at will, often without any say from local libraries. These decisions are made by corporations, far removed from the communities and patrons affected by these changes…

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