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Hachette vs. Internet Archive: We're Still Fighting for Fair Use

Championing the right to equitable access to knowledge.

This is obviously a disappointment, and while we will leave the legal analysis to the lawyers, we want to address a few non-comprehensive community concerns, though next steps in the case remain unclear. Fair use / first sale analysis by a library Permission secured by a library to do CDL Lack of availability of an ebook license at the time of digitization Agreement with a vendor/publisher to allow CDL of its undigitized backfile Rarity/uniqueness of specialized material, its market availability limitations for replacement, or other concerns related to circulation of the physical object ‍ The Second Circuit Court stuck to the facts of the case, which was about IA lending digitized copies of books that were licensable: they did not address every implementation of CDL by libraries.

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