Charging for EBook Lending

Previously, I have complained about Nottinghamshire's decision to charge for ebook lending.  In my view, this is the biggest threat to public libraries to have emerged over the past few weeks.  As ebooks gain a greater and greater share of reading, they should become more central to a library service.  The judgement given on Thursday had a passage referring to whether electronic mechanisms fell within the "section 7" duty (to provide a comprehensive and efficient library service).

The relevant passage is:

"The Council’s reliance on mitigation measures which included the use of the internet was criticised as falling outside the scope of s7 which focussed on “facilities for borrowing books and other material”. Of course, if provision of facilities such as the use of IT and the internet fall outside the scope of s7, then some of what the Council’s service currently provides would fall outside the scope of s7, and complaint could not be made were those facilities dropped. I do not see that as the Claimants’ case. In reality, a service which includes the provision of books and other materials by technology and goes beyond the loan of books or other physical items, or the provision of reading facilities on the printed page, falls within the scope of s7, which is not confined to the loan or use of physical items." (paragraph 116)

The judge appears to be saying that they do.  If so, it is not at all clear to me that Nottinghamshire County Council would have the legal power to charge.