Why a National Emergency Library Would Have Been Unnecessary – Disruptive Competition Project

“Last week, in response to the COVID-19 pandemic, the Internet Archive announced the National Emergency Library (“NEL”), which expanded digital access to the books in its collection. The New Yorker welcomed it as “a gift to readers everywhere.” Predictably, the Authors Guild, the Copyright Alliance, and the Association of American Publishers condemned the move as infringing copyright. Overlooked in this controversy is that had the 2008 attempted settlement of the litigation over the Google Library Project been approved by the court, the NEL would likely have been unnecessary….”