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The Internet Archive is starting to run out of legal options. reports that the non-profit internet cataloguer of videos, games and books lost its appeal in the US Court of Appeals for the Second Circuit. The court rejected Archive.org’s claim in its ongoing lawsuit with several high profile book publishers that its virtual library of books can legally operate under the fair use doctrine.
The lawsuit stems from the online archive’s National Emergency Library (NEL) that launched in March 2020. The NEL helped readers access library materials during the COVID pandemic with digitized copies of books that users could check out one at a time. Sometime later, the Internet Archive allowed users to check out an unlimited number of e-books and authors like Colson Whitehead and Neil Gaiman as well as the Authors Guild condemned the NEL, according to .
The website reinstated the book borrowing caps but it didn’t stop publishers like Hachette Book Group, HarperCollins and Random House from filing a lawsuit the following June. Less than three years later, ruled in favor of the plaintiffs declaring the non-profit website violated the publishers’ copyright protections.
The only upside for Archive.org’s appeal is the court’s recognition of the Internet Archive as a non-commercial entity. The Internet Archive still faces over its music digitization projects brought by Universal Music Group and Sony last year.
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