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Internet Archive Fails in Appeal Against Book Publishers Assessing what this loss means for libraries | CHOICE

I reached out to Jonathan Band, a copyright lawyer who represents the Association of Research Libraries whom we previously interviewed on the first ruling. As he explained, “Neither the district court decision, nor the affirmance, will have any impact on the controlled digital lending projects of research libraries, which focus on older, out of commerce titles which are not available from publishers in any format.” The Internet Archive, in contrast, offered popular titles that were also available on OverDrive, creating market overlap. But Band notes that “this decision does foreclose the possibility of using CDL as a means of countering the price-gouging public libraries experience with respect to ebooks lent by OverDrive.” 

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