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33 Loy. Consumer L. Rev. 420 (2021)
Mass Digitization and the Consumer Book Market of the Future

handle is hein.journals/lyclr33 and id is 407 raw text is: MASS DIGITIZATION AND THE CONSUMER BOOK MARKET OF THE FUTURE Cal R. Tondelli* I. INTRODUCTION On June 1, 2020 four major book publishers-Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., and Penguin Random House LLC (Publishers)-filed a complaint in the US District Court for the Southern District of New York against the Internet Archive (IA) for copyright in- fringement.1 The basis of the Publishers' infringement claim against IA was the digital library projects perpetuated by the de- fendant: Open Library (OL) and the National Emergency Li- brary (NEL).2 In 2007, the IA-a 501(c)(3) nonprofit with a mission of Universal Access to All Knowledge-'started OL, an online book database.4 Simply put, OL's goal is to provide a webpage for every book ever published.5 To accomplish this, OL engages in mass dig- itization of physical publications. As of June 1, 2020, OL had scanned and archived the entirety of over 1,300,000 books, many of them under copyright.6 Once a book is scanned, OL rents-out a free digitized version via its website.' What seems like copyright * J.D. Candidate, May 2023, Loyola University Chicago School of Law. ' Complaint, Hachette Book Grp., Inc., v. Internet Archive, No. 1:20-cv- 04160 (S.D.N.Y. June 1, 2020) [hereinafter Hachette v. IA]. 2 Id s About the Internet Archive, INTERNET ARCHIVE, https://ar- chive.org/about/ (last visited Mar. 31, 2021). 4 About Open Library, OPEN LIBR. (Feb. 22, 2021), https://openli- brary.org/help/faq/about#what. 5Id 6 Hachette v. IA, supra note 1, at 2. ' Borrowing Books Through Open Library, OPEN LIBR. (July 14, 2020), https://openlibrary.org/help/faq/borrow. 420

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