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Appeals court seems lost on how Internet Archive harms publishers
Appeals court decision potentially reversing publishers' suit may come this fall.
However, lawyers representing IA—Joseph C. Gratz, from the law firm Morrison Foerster, and Corynne McSherry, from the nonprofit Electronic Frontier Foundation—confirmed that judges were highly engaged by IA's defense. Instead, McSherry said that CDL provides a path to "meet readers where they are," allowing IA to loan books that it owns to one user at a time no matter where in the world they are located. McSherry seemed optimistic that the judges at least understood the stakes for IA readers, noting that fair use is "designed to ensure that copyright actually serves the public interest," not publishers'.
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