The Verge reports:
A federal judge has ruled against the Internet Archive in Hachette v. Internet Archive, a lawsuit brought against it by four book publishers, deciding that the website does not have the right to scan books and lend them out like a library. Judge John G. Koeltl decided that the Internet Archive had done nothing more than create “derivative works,” and so would have needed authorization from the books’ copyright holders — the publishers — before lending them out through its National Emergency Library program.

The Internet Archive says it will appeal.
The decision was “a blow to all libraries and the communities we serve,” argued Chris Freeland, the director of Open Libraries at the Internet Archive. In a blog post he argued the decision “impacts libraries across the U.S. who rely on controlled digital lending to connect their patrons with books online.
It hurts authors by saying that unfair licensing

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