A nonprofit online library based in Oregon is being sued by Penguin Publishing for allegedly posting entire books online of which the company holds exclusive rights.
The publishing giant filed the suit on Friday, seeking an injunction and damages against American Buddha Library, according to The Oregonian. The brief alleges that the nonprofit posted to the web such novels as Upton Sinclair's "Oil!" and "It Can't Happen Here" by Sinclair Lewis. The publishes also accused the organization of misusing new translations of "The Golden Ass" by Apuleius, and "On the Nature of the Universe" by Lucretius.
The suit alleges that Penguin discovered the postings in December 2008 and immediately notified the nonprofit of the alleged copyright infringement. The company then filed an infringement suit against American Buddha in a New York federal court, which ruled that it lacked jurisdiction over the nonprofit.
American Buddha's website notes that it "makes available selected artistic and literary works under a system of voluntary, free online lending, under the fair use exclusion from copyright liability accorded to libraries and archives," and used that defense in response to Penguin's suit. The organization also claims that, by using its site, users agree not to violate copyrights "by piratical behavior."
You can read the full story in The Oregonian.