this post was submitted on 04 Sep 2024
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I'll share what a Harvard professor and copyright lawyer sent me in an email:
I write with a gloomy update for the Hachette v. Internet Archive appeal in the 2nd Circuit Court of Appeals: The court affirmed the lower court's decision about CDL, and ruled that Internet Archive's Open Libraires program was NOT a fair use.
One shining moment though, was that the court ruled that a "Donate Now" button does not indicate "commercial use" for purposes of the fair use argument. (Phew!)
There is more to unpack here, but we will be hosting a series of CFR talks in the coming weeks to discuss the decision and it's implications.