In recent years, the Archive has faced massive lawsuits regarding its "Controlled Digital Lending" program and its "Great 78 Project" (preserving vintage vinyl). Publishers argue that the Archive’s lending practices constitute copyright infringement on a massive scale. The Archive argues that they are simply acting as a library, preserving culture that would otherwise be lost to decay.

This legal battle is the true "fist fight" of the archive. It is a brawl over the definition of ownership in the digital age. If the Archive loses, the concept of a digital public library could be irrevocably altered.