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The Internet Archive Loses Its Appeal of a Major Copyright Case
The legal battle was spurred 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.” 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. 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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