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Fix NEL date
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dltj committed Jul 6, 2024
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Expand Up @@ -17,7 +17,7 @@ _Disclosures:_ Despite not being a lawyer, I find the intersection of copyright,
## Background
{: #background}

_Hachette v. Internet Archive_ is a lawsuit filed on June 1, 2020, during the peak of the Covid-19 pandemic, in response to the {% include robustlink.html href="https://blog.archive.org/national-emergency-library/" versionurl="https://web.archive.org/web/20240706193352/https://blog.archive.org/national-emergency-library/" versiondate="2024-07-06" title="Internet Archive's National Emergency Library" anchor="National Emergency Library | Internet Archives blog" %} (NEL) program. The NEL program, initiated on March 24, 2024, removed the restrictions on the number of patrons allowed simultaneous access to digitized books on IA's {% include robustlink.html href="https://openlibrary.org/" versionurl="https://web.archive.org/web/20240706193620/https://openlibrary.org/" versiondate="2024-07-06" title="Open Library homepage" anchor="Open Library collection" %}. Before this pandemic-induced change, libraries could partner with Open Library to provide access to digitized books for their patrons. IA employed a system called {% include robustlink.html href="https://controlleddigitallending.org/" versionurl="https://web.archive.org/web/20240706193713/https://controlleddigitallending.org/" versiondate="2024-07-06" title="Controlled Digital Lending homepage" anchor="Controlled Digital Lending" %} (CDL), assuring that digitized copies weren't distributed to the public unconditionally. CDL is a blend of digital rights management (DRM), library operations software, and library protocols, ensuring that a single physical copy is not loaned more than once in any form, whether physical or digital. NEL removed this "never lent more than once" CDL restriction based on the premise that all the nation's public libraries were closed and no one could access the physical materials. {% include robustlink.html href="https://www.publishersweekly.com/pw/by-topic/digital/copyright/article/83584-internet-archive-to-end-national-emergency-library-initiative.html" versionurl="https://web.archive.org/web/20240706193819/https://www.publishersweekly.com/pw/by-topic/digital/copyright/article/83584-internet-archive-to-end-national-emergency-library-initiative.html" versiondate="2024-07-06" title="Internet Archive to End 'National Emergency Library' Initiative | Publishers Weekly" anchor="NEL concluded on June 16, 2020" %}, and IA's regular CDL program resumed. For a more detailed explanation of CDL, refer to an article I authored called [Controlled Digital Lending…What's the Fuss?](https://dltj.org/article/cdl-code4lib/) derived from my talk at Code4Lib in 2023, and [Issue 94](https://dltj.org/article/issue-94-controlled-digital-lending/) of my intermittent newsletter.
_Hachette v. Internet Archive_ is a lawsuit filed on June 1, 2020, during the peak of the Covid-19 pandemic, in response to the {% include robustlink.html href="https://blog.archive.org/national-emergency-library/" versionurl="https://web.archive.org/web/20240706193352/https://blog.archive.org/national-emergency-library/" versiondate="2024-07-06" title="Internet Archive's National Emergency Library" anchor="National Emergency Library | Internet Archives blog" %} (NEL) program. The NEL program, initiated on March 24, 2020, removed the restrictions on the number of patrons allowed simultaneous access to digitized books on IA's {% include robustlink.html href="https://openlibrary.org/" versionurl="https://web.archive.org/web/20240706193620/https://openlibrary.org/" versiondate="2024-07-06" title="Open Library homepage" anchor="Open Library collection" %}. Before this pandemic-induced change, libraries could partner with Open Library to provide access to digitized books for their patrons. IA employed a system called {% include robustlink.html href="https://controlleddigitallending.org/" versionurl="https://web.archive.org/web/20240706193713/https://controlleddigitallending.org/" versiondate="2024-07-06" title="Controlled Digital Lending homepage" anchor="Controlled Digital Lending" %} (CDL), assuring that digitized copies weren't distributed to the public unconditionally. CDL is a blend of digital rights management (DRM), library operations software, and library protocols, ensuring that a single physical copy is not loaned more than once in any form, whether physical or digital. NEL removed this "never lent more than once" CDL restriction based on the premise that all the nation's public libraries were closed and no one could access the physical materials. {% include robustlink.html href="https://www.publishersweekly.com/pw/by-topic/digital/copyright/article/83584-internet-archive-to-end-national-emergency-library-initiative.html" versionurl="https://web.archive.org/web/20240706193819/https://www.publishersweekly.com/pw/by-topic/digital/copyright/article/83584-internet-archive-to-end-national-emergency-library-initiative.html" versiondate="2024-07-06" title="Internet Archive to End 'National Emergency Library' Initiative | Publishers Weekly" anchor="NEL concluded on June 16, 2020" %}, and IA's regular CDL program resumed. For a more detailed explanation of CDL, refer to an article I authored called [Controlled Digital Lending…What's the Fuss?](https://dltj.org/article/cdl-code4lib/) derived from my talk at Code4Lib in 2023, and [Issue 94](https://dltj.org/article/issue-94-controlled-digital-lending/) of my intermittent newsletter.

The federal court in the Southern District of New York ruled in favor of Hachette on August 11, 2024, but the judgement was stayed pending an appeal to the intermediate court. The oral arguments last week were part of that process, and now we wait for that ruling. From accounts I've read, it seems like both parties are poised to take this to the U.S. Supreme Court no matter who wins.

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