More pushback on the National Emergency Library as the founder offers insight into borrowing behavior

In our last issue, we touched on the widespread concern (and anger) caused by the Internet Archive’s creation of a National Emergency Library that makes ebooks available for lending without payment to authors or publishers. Now, a US Senator has openly questioned the legality of the library in an April 8 letter to the Archive’s founder, Brewster Kahle. Two days later, Kahle responded, defending the library on fair-use grounds and pointing out that no book published within the last five years is available in the library.

On April 7, Kahle wrote a post acknowledging the Archive did not “engage with the creator community” before creating the emergency library. While definitely not apologizing, he offered reassurance the Archive would comply with takedown requests as quickly as possible. He then offered insight into how the library is being used. Most books are borrowed for less than 30 minutes, and fewer than 10 percent are actually opened again after the first day. Kahle writes, “Our usage pattern may be more like a serendipitous walk through a bookstore or the library stacks.” We might suggest the usage pattern also fits that of the curious bystander who heard about the controversy and wanted to see what the lending experience was like—alongside mortified authors testing the system for themselves.