Internet Archive, a non-profit digital library and a massive repository of online artifacts, has been collecting mementos of the ever-expanding World Wide Web for over two decades, allowing users to revisit sites that have since been changed or deleted. But like the web, it too has evolved since its genesis, and in the aughts, it also began to offer a selection of ebooks that any internet user can check out with the creation of a free account. 

That latter feature has gotten the organization in some trouble. Internet Archive was sued by a suite of four corporate publishers in 2020 over copyright controversies—with one side saying that what Internet Archive does is preservation, and the other saying that it's piracy, since it freely distributes books as image files without compensating the author. 

Last week, the ongoing case entered a new chapter as the nonprofit organization filed a motion for summary judgment, asking a federal judge to put a stop to the lawsuit, arguing that their Controlled Digital Lending program "is a lawful fair use that preserves traditional library lending in the digital world" since "each book loaned via CDL has already been bought and paid for." On Friday, Creative Commons issued a statement supporting Internet Archive's motion. 

The public libraries in your local neighborhood usually partner with platforms like Overdrive, Libby, Hoopla, and Cloud Library to provide digital copies of books that they can loan out. But these library ebooks are part of a surprisingly complex and lucrative financial structure (Daniel A. Gross' piece in The New Yorker deep dives into the business behind library ebooks). Additionally, users must login to these services with an existing library card number.