To restore access, IA is now appealing, hoping to reverse the prior court's decision by convincing the US Court of Appeals in the Second Circuit that IA's controlled digital lending of its physical books should be considered fair use under copyright law.
Update:
The Internet Archive (IA) went before a three-judge panel Friday to defend its open library's controlled digital lending (CDL) practices after book publishers last year won a lawsuit claiming that the archive's lending violated copyright law.
Appeals court seems lost on how Internet Archive harms publishers
let the archive be, ffs🤬
An April court filing shows that IA intends to argue that the publishers have no evidence that the e-book market has been harmed by the open library's lending, and copyright law is better served by allowing IA's lending than by preventing it.
(PDF)
https://storage.courtlistener.com/recap/gov.uscourts.ca2.60988/gov.uscourts.ca2.60988.259.0.pdf
IA will have an opportunity to defend its practices when oral arguments start in its appeal on June 28.
https://arstechnica.com/tech-policy/2024/06/internet-archive-forced-to-remove-500000-books-after-publishers-court-win/