Belgian Court Orders Block of Open Library, Expanding Crackdown on Shadow Libraries
A sweeping court order in Belgium is targeting not only notorious “shadow libraries” like Anna’s Archive, Libgen, and Z-Library, but also the Internet Archive’s Open Library, escalating the legal battle over access to digital content. The Commercial Court in Brussels issued the comprehensive blocking arrangement in mid-July, a move that significantly broadens the scope of copyright enforcement beyond traditional internet service providers.
The order aims to curtail access to platforms facilitating the sharing of research and copyrighted materials, often bypassing traditional payment barriers. What sets this ruling apart is its inclusion of the Open Library, a non-profit project based in California operating under US law.
According to a report published by Torrentfreak, previous blocking efforts have primarily focused on websites themselves. This new decision goes much further, compelling a wide range of internet intermediaries to participate in the blockade. These include major internet providers such as Telenet, Proximus, Mobile Vikings, Orange, and even Elon Musk’s Starlink, alongside search engines like Google and Bing, DNS providers, Content Delivery Networks (CDNs) – including Cloudflare – host providers like Amazon Web Services, Hostinger, and GoDaddy, and even payment processors like PayPal, Cash App, and Alipay. These entities are now obligated to remove websites from search results, terminate hosting, and deactivate domain names.
The “Fair Use” Argument Fails
The Open Library operates on a “one book, one user” lending principle, mirroring traditional library practices. Unlike commercial entities, the Open Library creates its own digital copies of books rather than purchasing licenses. Publishers and authors maintain that digitizing and lending copyrighted content without authorization is illegal. This stance was recently reinforced by a US legal defeat for the Internet Archive in a copyright lawsuit brought by major publishers.
In that case, the Internet Archive argued its “controlled digital lending” program constituted “fair use” under US law. However, the court disagreed, forcing the Archive to remove approximately 500,000 books from its digital collection.
Rights holders in the Belgian case characterize the Open Library as a readily accessible portal where registered users can easily access and download books, including 1,542 works by publisher Dupuis and over 5,000 volumes from Casterman. The operators of the online library are reportedly difficult to identify, despite the widespread recognition of the Internet Archive and its founder, Brewster Kahle. Rights holders view the lack of readily available statutory information on the website as evidence of illegal operation.
Decision Reached Ex Parte
The Brussels court sided with the applicants and US legal precedent, finding a “clear and significant violation of the law.” Critically, the blocking arrangement was issued ex parte, meaning without the input or participation of the Internet Archive. “The decision was made without information and inclusion of the second party,” according to the report.
As of today, the Open Library remains accessible in Belgium and is not actively blocked. A representative from the Internet Archive told Torrentfreak they are unaware of any disruptions. While several domains associated with the four shadow libraries have been added to Belgium’s official blocking list, the Open Library’s web address is not yet included. Given the breadth of the order, appeals from affected internet intermediaries are anticipated.
DNS Resolvers Increasingly Targeted
Traditional DNS blocking measures typically require local internet providers to hinder access to illegal pages. While widespread globally, these methods are often easily circumvented. Consequently, blocking applications are increasingly targeting other intermediaries, such as DNS resolvers. Similar, and often controversial, decrees have emerged in Germany, France, and Italy. For example, the Zurich-based DNS service Quad9 was compelled in 2023 to implement a global block against the portal Canna.to and another domain, facing a potential fine of €10,000 from a Hamburg Regional Court. The Dresden Higher Regional Court later overturned that ruling.
Belgium has seen a surge in orders targeting both access providers and DNS resolvers in recent months, sparking considerable resistance. Cisco, for instance, discontinued its OpenDNS service in the country. Shadow libraries are also a concern for Belgian telecom companies: Vodafone, Telekom, 1 & 1, and Telefónica are already employing DNS blocking to restrict access to Sci-hub since 2024, based on recommendations from the Private Clearing Position Copyright on the Internet (Cuii), which was recently revised.
