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 NEL helped readers access library materials during the COVID pandemic with digitized copies of books that users could check out one at a time.
Less than three years later, a federal judge 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.
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