Internet Archive loses court appeal in fight over online lending library

The former Christian Science church that houses the Internet Archive, in San Francisco on June 19, 2023. Internet Archive lost an appeal in the legal fight over online lending library; the long-running dispute started in the early days of the pandemic when the organization expanded access to a free online collection of books. [Cayce Clifford/The New York Times]

SAN FRANCISCO — When libraries across the country temporarily closed in the early days of the pandemic, the Internet Archive, an organization that digitizes and archives materials like webpages and music, had the idea to make its library of scanned books free to read in an online database.

The question of that library's legality became a long-running saga that may have finally ended Wednesday, when an appeals court affirmed that the Internet Archive violated copyright laws by redistributing those books without a licensing agreement.

The decision, by the 2nd U.S. Circuit Court of Appeals in New York, is a victory for the major book publishers that brought the lawsuit in 2020, and could set a precedent over the lawfulness of broader digital archives.

"The defendant attempted to do what no one had done before, which was to call unauthorized distribution of entire...

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