In an open letter to publishers, more than 30,000 readers, researchers, and authors begged for access to the books to be restored in the open library, claiming the takedowns dealt “a serious blow to lower-income families, people with disabilities, rural communities, and LGBTQ+ people, among many others,” who may not have access to a local library or feel “safe accessing the information they need in public.”
During a press briefing following arguments in court Friday, IA founder Brewster Kahle said that “those voices weren’t being heard.” Judges appeared primarily focused on understanding how IA’s digital lending potentially hurts publishers’ profits in the ebook licensing market, rather than on how publishers’ costly ebook licensing potentially harms readers.
There’s no possible way to apply the law where the Internet Archive is permitted to do their lending program. It very clearly is illegal copyright infringement that does not come anywhere close to fair use.
The judges do not have the authority to completely overrule both the text of the law and the massive body of precedent. The Supreme Court could, except the Constitution explicitly grants Congress the right to regulate IP how they see fit, and the law is super clear that you can’t do anything that resembles what IA is doing in any way.