If you've been a frequent, repeat visitor to this tumblr and you actually follow my "source" links, you'll know that many (if not most) of those links refer you back to the Internet Archive. I spend many hours combing through the archive for images I find interesting and aesthetically pleasing from artist's whose work I enjoy. I then transfer that labor, freely, into "content" for your viewing pleasure (or so I hope).
If you were not aware of this, the book industry (which is basically controlled by 5 companies) brought a suit against the Internet Archive in 2020 that claimed that the Open Library program offered by the IA was financially damaging to the publishers themselves through "copyright infringement."
During the COVID-19 lockdowns, the IA created the 'National Emergency Library' which removed lending restrictions on lent digital material allowing for expanded access to books at a time when public libraries were, in many cases, not operating (or operating at a very limited capacity).
In response to the NEL, four book publishers sued the Internet Archive claiming that CDL (controlled digital lending) was not an example of fair use and that offering books without wait restrictions was a violation of their copyrights. The argument made by the publisher's was only partially aimed at the NEL, the ACTUAL target of their lawsuit was with the process of CDL itself.
A lower court agreed and the Internet Archive appealed. The case was taken to the United States Court of Appeals for the Second Circuit only to have that court affirm the lower court rulings on a unanimous decision (with some seriously questionable reasoning involved).
What does this mean for the Internet Archive? What about public libraries in general? Read the piece and the links provided in the piece. I don't do in-depth analysis here. I just refer you (dear reader) to smarter people who are putting in the work. I really just dig pictures. Pretty pictures. *Homer Simpson drooling*
Seriously though, if the topic interests you, follow the links and do yourself some learning.