500,000 Books Have Been Deleted From The Internet Archive’s Lending Library
from the a-modern-book-burning,-courtesy-of-the-publishers dept
If you found out that 500,000 books had been removed from your local public library, at the demands of big publishers who refused to let them buy and lend new copies, and were further suing the library for damages, wouldn’t you think that would be a major news story? Wouldn’t you think many people would be up in arms about it?
It’s happening right now with the Internet Archive, and it’s getting almost no attention.
As we’ve discussed at great length, the Internet Archive’s Open Library system is indistinguishable from the economics of how a regular library works. The Archive either purchases physical books or has them donated (just like a physical library). It then lends them out on a one-to-one basis (leaving aside a brief moment where it took down that barrier when basically all libraries were shut down due to pandemic lockdowns), such that when someone “borrows” a digital copy of a book, no one else can borrow that same copy.
And yet, for all of the benefits of such a system in enabling more people to be able to access information, without changing the basic economics of how libraries have always worked, the big publishers all sued the Internet Archive. The publishers won the first round of that lawsuit. And while the court (somewhat surprisingly!) did not order the immediate closure of the Open Library, it did require the Internet Archive to remove any books upon request from publishers (though only if the publishers made those books available as eBooks elsewhere).
As the case has moved into the appeals stage (where we have filed an amicus brief), the Archive has revealed that around 500,000 books have been removed from the open library.
The Archive has put together an open letter to publishers, requesting that they restore access to this knowledge and information — a request that will almost certainly fall on extremely deaf ears.
We purchase and acquire books—yes, physical, paper books—and make them available for one person at a time to check out and read online. This work is important for readers and authors alike, as many younger and low-income readers can only read if books are free to borrow, and many authors’ books will only be discovered or preserved through the work of librarians. We use industry-standard technology to prevent our books from being downloaded and redistributed—the same technology used by corporate publishers.
But the publishers suing our library say we shouldn’t be allowed to lend the books we own. They have forced us to remove more than half a million books from our library, and that’s why we are appealing.
The Archive also has a huge collection of quotes from people who have been impacted negatively by all of this. Losing access to knowledge is a terrible, terrible thing, driven by publishers who have always hated the fundamental concept of libraries and are very much using this case as an attack on the fundamental principle of lending books.
Tran D. A., Ha Tinh, Vietnam: It hampers my ability to look up data sources. Books in Vietnam are significantly less accessible and my economic background doesn’t allow me to afford these things.
R.F., Surrey, Canada: As a Wikipedia editor, the Internet Archive is one of the most useful tools to find citations and verify facts. By removing books from the Internet Archive, it hinders the ability to find sources for an open encyclopedia.
Meilan S., Washington, DC, USA: As the online history editor at a national magazine, I use the Internet Archive on an almost daily basis. It’s an invaluable tool for accessing books cited by my writers, conducting research for articles I’m writing, and fact-checking quotes and other information. I regularly link to the Internet Archive in our published content, as I believe we should be as transparent as possible regarding sourcing, in addition to offering readers links to sites where they can learn more about a given topic. It has been disheartening to find the majority of books I need to access for work now listed as “removed.” The removal of this content makes it more difficult for me to include diverse, in-depth and reliable sources in my writing and editing.
Tamia T., Montreal, Canada: Internet Archive gives me access to scholarly information that is not afforded to those outside of the post-secondary education system. The Internet Archive helps bridge the gap when it comes to literacy, comprehension of history, and the discovery of new works that are otherwise gate-kept from the average person.
None of this will stop false stories making the rounds that the Open Library is a form of “piracy.” But it needs to be clearly communicated that this lawsuit is 100% about killing the very concept of libraries.
And, why? Because copyright and DRM systems allow publishers to massively overcharge for eBooks. This is what’s really the underlying factor here. Libraries in the past could pay the regular price for a book and then lend it out. But with eBook licensing, they are able to charge exorbitant monopoly rents, while artificially limiting how many books libraries can even buy.
I don’t think many people realize the extreme nature of the pricing situation here. As we’ve noted, a book that might cost $29.99 retail can cost $1,300 for an eBook license, and that license may include restrictions, such as having to relicense after a certain number of lends, or saying a library may only be allowed to purchase a single eBook license at a time.
The ones who changed the way libraries work is not the Internet Archive. It’s the publishers. They’re abusing copyright and DRM to fundamentally kill the very concept of a library, and this lawsuit is a part of that strategy.
Filed Under: book lending, controlled digital lending, copyright, ebooks, libraries
Companies: hachette, internet archive


Comments on “500,000 Books Have Been Deleted From The Internet Archive’s Lending Library”
IP
You pirates also think the purpose of copyright is to promote the progress of science and useful arts, by securing for limited times to authord and inventors the exclusive right to their respective writings and discoveries rather than enriching publishers.
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you dropped your clown license
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You think I can afford a license? I can’t even pay attention.
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A “clown license” is a weird way of spelling “crown”.
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I flagged this quote…until I read the entire thing and then I unflagged it and now I rated it both insightful and funny.
Well done, tanj!
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This… this is a quality comment tanj.
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Sounds libtarded.
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your meds take them
Re: IP
Quality comment. Amen.
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We’ve also been led to believe that stealing an idea is like stealing a car, so if a criminal case is what they want, then a criminal case is what they get
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Police in Canada have told people to leave keys for car by the door so thieves don’t have to wake them up.
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Wow, this site attacking good capitalist values again. Surprise.
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“Charging more than a thousand dollars for a license to lend out a digital file” is morally reprehensible in my book, but that scheme does display the most basic, well-known, and closely held value among capitalists: Greed.
And to be clear: By “capitalists”, I mean “people who own and exploit the means of production”. The average Amazon worker lives in a capitalist nation-state; Jeff Bezos is a capitalist.
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Companies charge what the market will bear. If Internet Archive can’t pay up, they should get out of the library business.
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By that logic, all libraries should get out of the library business, at least as it pertains to ebooks. Companies charging libraries an exorbitant and patently ridiculous price for the right to merely lend ebooks is a bullshit practice regardless of what you think about the Internet Archive.
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Fine by me.
I’ve never checked-out a physical book from a library, let alone an ebook.
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So if you never checked out a book from a library, fuck all who did?
Fuck you, is what I say.
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It certainly explains a lot about the way he is.
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“Companies charge what the market will bear.”
Unless given a monopoly
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in a free economy, there wouldn’t be a state backed monopoly on the reproduction and sale of goods. what you’re thinking of is mercantilism, not capitalism. the marginal cost of reproducing a digital good is zero, only mercantilism allows for these inflated unrealistic prices. when the state enforces prices and monopolies that the economy doesn’t agree with, you get black markets ie “piracy” in this case, an economy outside the bounds of the law
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As if there were such a thing.
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That’s a weird way to spell “degenerative brain disease”
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That’s a weird way to spell “I’m an ableist piece of shit that thinks making jokes about Alzheimer’s etc. is funny.”
There is no surprises at all. Amazon/Kindle and Google Books have paved the way of access to digital books for 15 years and it’s basically sucking publishers to help them making as much money as they used to earn with hardcover material.
So, nothing wronger for books than for movies and music.
The same old “sell to everyone that can afford it, and to hell for education”.
The War on Libraries
This should be seen in the aggregate as a war on libraries, and the greedy publishers are but one front. Also fighting the war against libraries are Moms for Liberty and other book-banners, and mayors like Eric Adams who would rather increase the police budget on the backs of the New York Public Library, which has now reduced the number of weeks it is open.
Like I said, it’s not just the internet archive; libraries at large are under attack, and the publishers are just one front. I say this as a librarian.
Re: erratum
should be
Re: Idea
I say we have Maria Pallante fired!
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Techdirt’s Mike Wazowski is an anarchist.
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Who the fuck is Mike Wazowski?
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He’s probably a relative of Art Vandelay.
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He must’ve thought you were a one-eyed green Pixar monster.
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That sounds like what’s in Shrek’s pants.
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IIRC, he’s one of the two main monster characters in Monsters Inc. (savant memory isn’t perfect, though, and I haven’t watched that movie in over 20 years).
There’s one major difference- scale. And that is terrifying for publishers.
Publishers already hate normal libraries, a library that works at scale is basically their worst nightmare.
This shit should be illegal. Although, it’s not just copyright- contract law and licensing is getting out of hand. The whole “you don’t own anything, just a limited license i can fuck with at will” is fundamentally broken.
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Well, I’ll be.
An insightful comment from Arianity. I never thought I’d see the day!
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There’s a first time for everything.
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Indeed. You think this means that there’s hope for Bratty Matty and the rest of the troll brigade?
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Why should it be illegal?
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because it’s extortionate price gouging.
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But price controls are not the answer, reforming copyright is.
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The cost to create and publish ebook is far, far, far, far, far smaller than the price that publishing companies want to charge libraries for the right to lend ebooks. Hell, I’d wager that the costs are smaller than that of printing and distributing actual books. The asking price for those ebook licenses looks a lot like distributors doing some price gouging with the intent to create massive profits (for the distributors).
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I was going to say “the cost is $0” but that negates the costs of electricity, computers, batteries, internet service etc.
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What’s wrong with generating massive profits? No one is forcing libraries to offer e-book lending.
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No one…except the realities of modern life in 2024 to which you seem obvlivious
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A handful of people profiting enormously off the hard work of dozens (if not hundreds) of other people by exploiting the market into paying exorbitant (and unsustainable) costs for access to the end product of that work is what’s wrong.
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They’re damaging to consumers, and they have little to no redeeming qualities. Really, the question is- why keep them?
In the best case scenarios, they seem to be used by companies with too much market power to rent seek. And in the worst case, you get stuff like Spotify’s ‘Car Thing’, where they screw the consumer even without meaningful financial benefit, just because.
Ideally, the market would correct for these sorts of things. But it’s not (and that’s probably not a coincidence. In this case, for instance, there are only 5 big publishers). It’s a market failure, so we may as well step in and fix it if the market isn’t going to.
We’ve had stronger property/ownership rights with physical goods, and things were just fine. There’s no reason to move to what seems to be a strictly worse regime.
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People who grub ebooks from a library rather than paying for their own copy aren’t “consumers”–they’re parasites.
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ok clown
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To restate your argument:
So you’re either a hypocrite or you’re so rich you can’t see how the other half live, and therefore have no idea how important to education access to books, whether paid or free, actually is for all but the 1%.
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Folks, that is someone who wants to burn libraries to the ground—i.e., a Trump voter.
Names to remember and avoid
Hatchette
Harper Collins
John Wiley
Penguin Random House
Any time those publishers try to claim that they have no problem with libraries the only response should be pointing to their actions here, where they’ve made crystal clear that if they could they would absolutely destroy the very concept of libraries and require anyone who wants to read a book to buy their own copy to do so.
Those publishers are friends to neither readers or authors, and should be avoided by both as a result.
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I know it’s too late to change your comment, but it’s “Hachette” not “Hatchette”. “Hachette” is a French word and it’s pronounced “a SHET”.
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I doubt anyone really gives “a SHET”
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Fair point, I doubt anyone gives hachette either.
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TBH, the confusion probably came about due to the hatchet job Hachette and the rest of the Big Five are trying to do to libraries.
Publishers be like: “How many people can we throw in jail/sue to keep people from reading?”
Libraries: “Go ahead, if we’re arrested for distributing information, it was a sacrifice worth making.”
Copyright proves that America is becoming more like the Soviet Union each passing day
I mean you would think this wouldn’t be such a big thing given the USPTO’s desire to accept slapping on the internet as an invention worth protecting.
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This year I’ve made a concerted effort to get my ebooks from Libby instead of buying from Amazon. It’s been great so far and only a few books have been unavailable to get on loan.
I wonder how publishers feel about places like Half Price Books? That is where I usually go when I’m looking for a physical book anymore. Plus I can take in a box or two of books I no longer want and get some money for them.
Why
Why are we burning books in modern society? Think about it. Books and authors that no one has heard of can not be seen now that the Internet Archive is down. World history involving the Jim Crow era and the holocaust has been wiped out by removing the Internet Archive. I read The Birth Dearth by Ben J. Wattenberg. I was amazed by what I read. I wanted to buy the book for my library, but I could not find the book at an affordable price ($500.00). I have purchased numerous books after reading the item on the Internet Archive. I would be happy to pay a yearly fee for this information. They could use the money to pay the authors. To remove the site from the internet is an injustice to students of all ages. WE MUST SAVE THIS SITE.
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so don’t vote for trump if you dont want ww3 or the end of humanity
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What does your comment have to do with anything? It’s a non sequitur.
Price controls
I don’t know what you mean by “price controls”, but the example Mike gave was:
The point is not the absolute amount but the fact that libraries are asked to pay much more. In other words, DRM is used to enable price gouging, price fixing, price discrimination, you name it (or just innocuous “market segmentation” if you ask the publishers, I assume).
https://www.ftc.gov/advice-guidance/competition-guidance/guide-antitrust-laws/price-discrimination-robinson-patman-violations
https://www.ftc.gov/advice-guidance/competition-guidance/guide-antitrust-laws/dealings-competitors/price-fixing
That’s the hint Ron Wyden gave when fishing for information from the big five:
https://www.finance.senate.gov/chairmans-news/wyden-eshoo-press-big-five-publishers-on-costly-overly-restrictive-e-book-contracts-with-libraries
OPEN LIBRARY
Taking my books is a violation of my copyright and does not allow me to set up a back list to sell my own books.
I HAVE NOT BEEN PAID FOR MY BOOKS. THIS IS STEALING ON THE PART OF OPEN LIBRARY.
500,000 books banned from internet Archives site
Boy, I agree with Barbara Barnes and most of what the other people have said.
The greed of publishers is very despicable, in my opinion.
We need to save this site. What can we do to help?
Without education, humanity is doomed we need factual information, and the Wayback Internet Archive’s is one of the best things that will help educate humans, No matter, their religion, sex, color and Most importantly, their financial means.
Please advise what we can do to help.
Re: Idea
Fire Maria Pallente!
Idea
I’ll say, we get Maria Pallante fired!