The U.S. Court of Appeals for the Second Circuit today affirmed a district court judgment that granted a group of book publishers’ motion for summary judgment that the Internet Archive (IA) infringed their copyright in 127 books via IA’s “Free Digital Library.” As predicted by author Devlin Hartline in a February article for IPWatchdog, the Second Circuit agreed with the publishers—Hachette Book Group, Inc; Harper Collins Publishers LLC; John Wiley & Sons, Inc.; and Penguin Random House LLC— that it is not a fair use for IA to scan copyright-protected print books and distribute them for free without permission from the publishers or authors.
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