When I started the Internet
Posted: Thu Oct 23, 2025 3:39 pm
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A quick recap
After the lower court sided with the publishers last March, we committed to appeal the decision. The appeal process kicked off last fall, with our opening brief filed in December, followed by amicus briefs in support of our library and library lending two weeks later. On Friday, we’ll appear in the US Court of Appeals for the Second Circuit, continuing our fight for library digital rights.
What’s at stake?
The lawsuit is about the longstanding and widespread library practice of contact us controlled digital lending, which is how we lend the books we own to our patrons. As a result of the publishers’ lawsuit, more than 500,000 books have been removed from our lending library. The impacts on our patrons have been devastating:
Editorial note: This op-ed first ran in Time Magazine in 2021. We are reposting it here with permission as we head into oral argument for our appeal in the publishers’ lawsuit against our library, scheduled for next Friday, June 28, 2024.
Archive 25 years ago, I focused our
non-profit library on digital collections: preserving web pages, archiving television news, and digitizing books. The Internet Archive was seen as innovative and unusual. Now all libraries are increasingly electronic, and necessarily so. To fight disinformation, to serve readers during the pandemic, and to be relevant to 21st-century learners, libraries must become digital.
But just as the Web increased people’s
access to information exponentially, an opposite trend has evolved. Global media corporations—emboldened by the expansive copyright laws they helped craft and the emerging technology that reaches right into our reading devices—are exerting absolute control over digital information. These two conflicting forces—towards unfettered availability and completely walled access to information—have defined the last 25 years of the Internet. How we handle this ongoing clash will define our civic discourse in the next 25 years. If we fail to forge the right path, publishers’ business models could eliminate one of the great tools for democratizing society: our independent libraries.
A quick recap
After the lower court sided with the publishers last March, we committed to appeal the decision. The appeal process kicked off last fall, with our opening brief filed in December, followed by amicus briefs in support of our library and library lending two weeks later. On Friday, we’ll appear in the US Court of Appeals for the Second Circuit, continuing our fight for library digital rights.
What’s at stake?
The lawsuit is about the longstanding and widespread library practice of contact us controlled digital lending, which is how we lend the books we own to our patrons. As a result of the publishers’ lawsuit, more than 500,000 books have been removed from our lending library. The impacts on our patrons have been devastating:
Editorial note: This op-ed first ran in Time Magazine in 2021. We are reposting it here with permission as we head into oral argument for our appeal in the publishers’ lawsuit against our library, scheduled for next Friday, June 28, 2024.
Archive 25 years ago, I focused our
non-profit library on digital collections: preserving web pages, archiving television news, and digitizing books. The Internet Archive was seen as innovative and unusual. Now all libraries are increasingly electronic, and necessarily so. To fight disinformation, to serve readers during the pandemic, and to be relevant to 21st-century learners, libraries must become digital.
But just as the Web increased people’s
access to information exponentially, an opposite trend has evolved. Global media corporations—emboldened by the expansive copyright laws they helped craft and the emerging technology that reaches right into our reading devices—are exerting absolute control over digital information. These two conflicting forces—towards unfettered availability and completely walled access to information—have defined the last 25 years of the Internet. How we handle this ongoing clash will define our civic discourse in the next 25 years. If we fail to forge the right path, publishers’ business models could eliminate one of the great tools for democratizing society: our independent libraries.