The Second District Court of New York ruled in favor of Hachette in the case against Internet Archive, impacting fair use. Library administered digital lending is growing, despite the court’s decision. The case was specific to IA lending licensable books. The judges noted the thriving library eBook lending market, but overlooked that a large portion is controlled by one company. The decision could lead to publishers monopolizing libraries with closed surveillance apps. Controlled Digital Lending is compared to format shifting and photocopying, maintaining a 1:1 owned to loaned ratio. Advocates continue to support library choice and open access, fighting for libraries’ rights to “own, lend, and preserve books.”
https://www.libraryfutures.net/post/were-still-fighting-for-fair-use