Hachette v. Internet Archive was brought by book publishers objecting to the archive’s digital lending library.
Notably, the appeals court’s ruling rejects the Internet Archive’s argument that its lending practices were shielded by the fair use doctrine, which permits for copyright infringement in certain circumstances, calling it “unpersuasive.” In March 2020, the Internet Archive, a San Francisco-based nonprofit, launched a program called the National Emergency Library, or NEL.
James Grimmelmann, a professor of digital and internet law at Cornell University, says the verdict is “not terribly surprising” in the context of how courts have recently interpreted fair use. The Internet Archive did eke out a Pyrrhic victory in the appeal. Although the Second Circuit sided with the district court’s initial ruling, it clarified that it did not view the Internet Archive as a commercial entity, instead emphasizing that it was clearly a nonprofit operation.
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