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Court of Appeals Should Reject Internet Archive’s Latest Appeal, Says ITIF

June 27, 2024

WASHINGTON—In response to the oral arguments in the appeal of Hachette v. Internet Archive, the Information Technology and Innovation Foundation (ITIF), the leading think tank for science and technology policy, issued the following statement from Vice President Daniel Castro:

Internet Archive wants to pretend this case is about bigger issues than its own unlawful behavior. However, the facts and law in this case are straightforward: Internet Archive infringed on the exclusive rights of authors and publishers when it made and distributed digital copies of physical books. It pirated e-books and refused to compensate creators.
One federal judge has already rejected Internet Archive’s excuses, granting summary judgment for the publishers. As Judge Koeltl wrote in his ruling, “[Internet Archive’s] fair use defense rests on the notion that lawfully acquiring a copyrighted print book entitles the recipient to make an unauthorized copy and distribute it in place of the print book, so long as it does not simultaneously lend the print book[…] But no case or legal principle supports that notion. Every authority points the other direction.”
The Court of Appeals for the Second Circuit should reaffirm the lower court’s ruling and shut down Internet Archive’s attempts to circumvent copyright law.

Contact: Sydney Mack, [email protected]


The Information Technology and Innovation Foundation (ITIF) is an independent, nonprofit, nonpartisan research and educational institute focusing on the intersection of technological innovation and public policy. Recognized by its peers in the think tank community as the global center of excellence for science and technology policy, ITIF’s mission is to formulate and promote policy solutions that accelerate innovation and boost productivity to spur growth, opportunity, and progress.

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