On Sept 4, 2024, the US Court of Appeals in New York affirmed the lower court ruling in the lawsuit filed against us by Hachette Book Group, HarperCollins Publishers, John Wiley & Sons, and Penguin Random House. While the Internet Archive is disappointed by this opinion—it was never the Internet Archive’s intention to get into a lawsuit over lending digitized books—we respect the outcome.
To date, we have removed over 500,000 books from lending on archive.org (and therefore also openlibrary.org). While we are reviewing all available options, this judicial opinion will lead to the removal of many more books from lending. It is important for the Internet Archive and all libraries to continue to have a healthy relationship with publishers and authors.
Please be assured that millions of digitized books will still be available to those with print disabilities, small sections will be available for those linking into them from Wikipedia and through interlibrary loan, books will continue to be preserved for the long term, and other protected library uses will continue to inform digital learners everywhere.
The Internet Archive is also increasing its investment in digital books from publishers willing to sell ebooks that libraries can own and lend. While this is currently from a small number of publishers, the number is growing and we see it as a future for the long term sustainability of authors, publishers, and libraries. Encouragingly, the Independent Publishers Group recently endorsed selling ebooks to libraries. The growing number of libraries purchasing and owning digital books brings fair compensation to authors and publishers, along with permanent preservation and access to author’s works for communities everywhere.
We respect the opinion of the courts and, while we are saddened by how this setback affects our patrons and the future of all libraries, the Internet Archive remains strong and committed to our mission of Universal Access to All Knowledge. Thank you for your help and support.