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Hachette v. Internet Archive is out: 2nd Circuit rejects controlled digital lending theory; IA's use is not transformative; all four fair use factors favor the publishers (ww3.ca2.uscourts.gov)

submitted 2 weeks ago by [email protected] to c/[email protected]

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[–] [email protected] 27 points 2 weeks ago

I'll share what a Harvard professor and copyright lawyer sent me in an email:

I write with a gloomy update for the Hachette v. Internet Archive appeal in the 2nd Circuit Court of Appeals: The court affirmed the lower court's decision about CDL, and ruled that Internet Archive's Open Libraires program was NOT a fair use.

One shining moment though, was that the court ruled that a "Donate Now" button does not indicate "commercial use" for purposes of the fair use argument. (Phew!)

There is more to unpack here, but we will be hosting a series of CFR talks in the coming weeks to discuss the decision and it's implications.