In response to the oral arguments in the appeal of Hachette v. Internet Archive, the Information Technology and Innovation Foundation (ITIF), a prominent think tank for science and technology policy, released a 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," Castro stated.
A federal judge previously ruled against Internet Archive's defenses, granting summary judgment for the publishers. In his ruling, Judge Koeltl noted, "[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 ITIF urges that "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]
