The Internet Archive may have lost its struggle with publishing companies over the “Fair Use” legality of its Open Library service. It argues that by purchasing print copies of books, it could legally digitize them and lend them on a one-to-one basis to readers around the world just like a regular library.

This week, the Second Circuit Court of Appeals affirmed a lower court ruling against The Internet Archive, saying its practice of controlled digital lending does not fall under an application of the Fair Use of copyrighted materials, according to Publishers Weekly.

“We conclude that IA’s use of the Works is not transformative,” the decision states. “Instead, IA’s digital books serve the same exact purpose as the originals: making authors’ works available to read.” The practice effectively substitutes the original work, which specifically runs contrary to the intent of Fair Use.

I can’t judge whether this is an appropriate application of the law, but it doesn’t look wrong from what I’ve read. The Internet has gotten out of hand in various ways. Maybe Open Library’s concept doesn’t work, but a tweaked version of it would.

In other news of publisher lawsuits, six of the big publishers along with the Author’s Guild are challenging Florida’s new law that requires schools to remove books with inappropriate sexual content. The suit specifically claims the term “pornographic” is undefined and takes no consideration of a book’s context.

Janie B. Cheaney gives a broad view of this and similar efforts to, as the Florida bill put it, “discontinue the use of any material the [district school] board does not allow a parent to read out loud.”

Scopes Monkey Trial: Historian Thomas Kidd reviews a new book on the Scopes Trial and doesn’t recommend it. “Author Brenda Wineapple calls America a ‘secular country founded on the freedom to worship.’ But various Christian demagogues in American history have tried to force people to worship God in a narrow-minded way, she warns.”

Reading: Brad East in “The Reading Lives of Pastors”— “It is a difficult lesson to accept, but learning and goodness are not synonymous or coterminous. . . . Ordinary experience is a trustworthy teacher: Are the holiest people you know the smartest, the best educated, the most widely read?”

Ye Old Shoppe: Here’s a little bit on old business cards and store signage.

(Illustration by Microsoft Bing’s Image Creator)