What Hachette v. Internet Archive Means for the Continuing Practice of CDL

“Whether through a physical or digital copy, lending materials one object at a time is a core library activity. Despite the publisher challenge in Hachette v. Internet Archive that has put a spotlight on this issue, libraries are continuing the practice of controlled digital lending. As the Internet Archive appeals the initial ruling in the case, libraries may have questions about the case and how this decision may impact them.

On October 3rd from 12-1pm ET / 9-10am PT, SPARC will host a conversation that will provide an overview of the implications of the case so far, discuss how libraries are continuing the practice of controlled digital lending, and touch on what libraries can be doing to support and strengthen this practice moving forward. The event will also touch on the recent Valancourt Books ruling that curbs the U.S. Copyright Office’s ability to require the deposit of physical copies of works with the Library of Congress The webcast will feature a variety of perspectives from libraries and copyright experts….”

Making IIIF Official at the Internet Archive | Internet Archive Blogs

“After eight years hosting an experimental IIIF service for public benefit, the Internet Archive is moving forward with important steps to make its International Image Interoperability Framework (IIIF) service official. Each year, the Internet Archive receives feedback from friends and partners asking about our long-term plans for supporting IIIF. In response, the Internet Archive is announcing an official IIIF service which aims to increase the resourcing and reliability of the Internet Archive’s IIIF service, upgrade the service to utilize the latest version 3.0 of the IIIF specification, and graduate the service from the iiif.archivelab.org domain to iiif.archive.org. The upgrade also expands the Internet Archive’s IIIF support beyond images to also include audio, movies, and collections — enabling deep zoom on high-resolution images, comparative item analysis, portability across media players, annotation support, and more….”

Libraries weigh future of free e-books as publishers sue for limits | Wisconsin Public Radio

“This week, the Internet Archive appealed a court decision that forced the nonprofit to limit access to some scanned books at the behest of large commercial book publishers. We are joined by a leader at the nonprofit as well as a UW-Milwaukee librarian offering free e-textbooks to students.”


Internet Archive Files Appeal in Publishers’ Lawsuit Against Libraries | Internet Archive Blogs

“Today, the Internet Archive has submitted its appeal [PDF] in Hachette v. Internet Archive. As we stated when the decision was handed down in March, we believe the lower court made errors in facts and law, so we are fighting on in the face of great challenges. We know this won’t be easy, but it’s a necessary fight if we want library collections to survive in the digital age.

Statement from Brewster Kahle, founder and digital librarian of the Internet Archive:
“Libraries are under attack like never before. The core values and library functions of preservation and access, equal opportunity, and universal education are being threatened by book bans, budget cuts, onerous licensing schemes, and now by this harmful lawsuit. We are counting on the appellate judges to support libraries and our longstanding and widespread library practices in the digital age. Now is the time to stand up for libraries.”

We will share more information about the appeal as it progresses….”

A Book Is a Book Is a Book—Except When It’s an e-Book | The Nation

“Publishers can’t demand more money for the paper books you’ve already bought, but the technology for copying and distributing books has evolved a lot since 1909. So four titanic corporate publishers are currently in court, insisting on the effective right to barge in and demand multiple, recurring payments for digital books–like they do for digital movies, music, and software–and they want to exercise that same power over the books in libraries. 


This threat to the ownership of books is what makes the ongoing publishers’ lawsuit against the Internet Archive politically dangerous, and in an altogether different way from earlier challenges and amendments to copyright law. At a time of increasing book bannings and attacks on libraries, public schools and universities, it is not safe for democracy, or for our cultural posterity, to leave an “on/off” switch for library books in the hands of corporate publishers….”

Reclaiming Control: The Internet Archive Empowers People. Gatekeepers Keep Suing

As a child, nothing warmed me more than my mother’s “Three C’s Soup”: Cabbage, Carrot, Carraway from Jane Brody’s Good Food Book: Living the High Carbohydrate Way (published in 1980 and still in print, no ebook version has yet been licensed). And when my mother died in late fall 2018, there was nothing I wanted to cook more, but her copy had gone missing. 

I could have called the library and asked them to read me the recipe, or to scan it and to send it to me, but my library had a later print edition of the book. I could have bought a used copy of the 1980 edition, which I eventually did, but I wanted to cook it that day. So instead, I went to Open Library, the Internet Archive’s Controlled Digital Lending program, and borrowed the book for an hour, returning it when the soup was finished. In the words of my mother’s favorite literary character, the Mock Turtle: It was beautiful soup. 

About a year and a half later, the Internet Archive was sued for providing books in this manner to the public. The suit was triggered by a short-lived, well meaning program that made books available to students during a dark part of the pandemic by lifting certain restrictions on how many people at a time could borrow a given library title. That lawsuit just came to a judgment, ordering the Archive to take down a part of their collection and striking a blow to Controlled Digital Lending more generally, though the Archive will appeal.

To be clear: what the Internet Archive is doing is traditional library lending in a digital form, and frankly not radical – I can just get access to the materials I want much more quickly through the Archive, but I must also return them much more quickly. There is no situation in which acquiring a recipe from an obsolete edition of Brody’s first cookbook with no ebook equivalent would hurt her royalties. Libraries have traditionally bought one copy of a book and then lent it, much like they do with CDL, which maintains an “owned to loaned” ratio through sequestering materials. 

While big publishers would have you believe that people are flocking to the Internet Archive to borrow and read these scans for free rather than relying on the “thriving ebook licensing market for libraries,” they ignore a few crucial facts to advance a bad faith argument about market harm: the average time readers spend with an Internet Archive scan is under 30 minutes. People seem to be using these materials as intended: as reference, grabbing just the bit of information they need.

If someone wants to download and read an ebook outside of a streaming service or licensed copy, they are not going to use a scanned, DRM-protected epub that they can borrow from the Internet Archive for an hour. Authors, publishers, and musicians know this, and yet content rightsholders continue to litigate a nonprofit library at great expense to themselves and their authors. As the New York Times reports, even authors who were once critical of the Archive’s efforts have removed their initial statements. Author Malcolm Harris recently tweeted, “The Internet Archive was an invaluable resource when I was writing PALO ALTO and it pisses me off that Hachette sued in the name of their authors.” 

There are, of course, very real threats to authors and publishers: large download sites, censorship by legislators, “chokepoint” intermediaries, AI corporations gobbling up materials and selling them back to the public as new products, the general “enshittification” of platforms, the high overhead costs and venture capital ownership of streaming that has been predicted to collapse for nearly ten years, Overdrive’s monopoly in libraries, publishers’ resistance to reasonable contractual requests by authors, at-risk corporate archives, or Amazon’s stranglehold hold over the digital book and audiobook market. In pursuing this case (and a related case from the music industry), the litigants seek to distract artists from the very real conditions of labor that would start to fix a broken system but might cut into their bottom line: better contracts and a humane income, artistic independence and the freedom to publish, collaborations that inspire new creation, more control over their terms and payments, and less consolidation in the market.

Could copyright holders join together and rethink streaming and licensing in order to build a digital system that works for authors, small publishers, and artists, considering that five companies control at least 77% of the US best seller market and artists are struggling? Of course, but it wouldn’t provide the kind of surveillance of readers, data harvesting, and AI-written books that they hope will cut many authors out of the equation entirely. (Obviously no librarian wants any of the above.) Penalizing libraries providing scans of books and music largely for reference sets a precedent in a limited case that benefits no one.

Creators deserve more. As the SAG AFTRA strike has shown, large, organized communities can disrupt an entire industry by fighting for their rights. Rather than adopting a passive position against corporate overreach in the face of an digital licensing industry where one major company dominates up to 85% of the digital book market (Amazon) and another dominates up to 90% of the library lending market (Overdrive/Libby), we can come together and fight for fairer contracts, particularly when it comes to licensing rights and equitable downstream uses of work. And in my own community of librarians, we must stop infighting about whether we agree with the Archive’s position, or whether Controlled Digital Lending is legal or not. We have to work together to wrest power from the large corporations that dominate commercial publishing. The future of knowledge depends on it.

Judge Approves Final Injunction in Publishers, Internet Archive Copyright Case

“After more than three years of litigation, it took judge John G. Koeltl just hours to sign off on the parties’ negotiated consent judgment—but not without a final twist. In a short written opinion made public yesterday, Koeltl sided with the Internet Archive in a final dispute, limiting the scope of the permanent injunction to cover only the plaintiffs’ print books that also have electronic editions available.

In a letter to the court, lawyers for the plaintiff publishers had argued that the injunction should cover all the plaintiffs’ commercially available books, whether the books have digital editions or not. “The law is clear that the right to decide whether or not to publish a book in electronic format belongs to its authors and publishers, not IA,” the publishers’ letter argued. Furthermore, IA’s unauthorized digital editions create “clear potential market harm to the print book market,” the publisher letter claims, because a “straight, verbatim digital copy of the entire work is an obvious competing substitute for the original.”

In their letter to the court, IA attorneys argued that the injunction should be limited to the plaintiffs’ books that have digital editions available because that was what the suit addressed. “Because the parties did not have the opportunity in this case to litigate the degree to which the unavailability of digital library licensing would affect the fair use analysis, it is inappropriate for an injunction in this case, by its breadth, to effectively prejudge the outcome of that question,” IA attorneys argued.

Koeltl sided with the Internet Archive, holding that because the 127 works chosen for the suit were all commercially available works with digital editions, sweeping all the plaintiffs’ books into the final injunction risked being overbroad.”

Update: Consent Judgment in Hachette v. Internet Archive | Authors Alliance

“UPDATE: On Monday, August 14th, Judge Koeltl issued an order on the proposed judgement, which you can read here, and which this blog post has been updated to reflect. In his order, the judge adopted the definition of “Covered Book” suggested by the Internet Archive, limiting the permanent injunction subject to an appeal to only those books published by the four publisher plaintiffs that are available in ebook form.

After months of deadline extensions, there is finally news in Hachette Books v. Internet Archive, the case about whether Controlled Digital Lending is a fair use, which we have been covering since its inception over two years ago, and in which Authors Alliance filed an amicus brief in support of Internet Archive and CDL. On Friday, August 11th, attorneys for the Internet Archive and a group of publishers filed documents in federal court proposing “an appropriate procedure to determine the judgment to be entered in this case,” as Judge John G. Koeltl of the Southern District of New York requested.,,,:

Judgment Entered in Publishers, Internet Archive Copyright Case

“More than four months after a federal judge found the Internet Archive liable for copyright infringement for its program to scan and lend library books, the parties have delivered a negotiated agreement for a judgment to be entered in the case. But a final resolution in the case could still be many months, if not years, away, as Internet Archive officials have vowed to appeal.

The jointly proposed agreement includes a declaration that cements the key finding from Judge John G. Koeltl’s March 24 summary judgment decision: that the IA’s unauthorized scanning and lending of the 127 in-suit copyrighted books under a novel protocol known as “controlled digital lending” constitutes copyright infringement, including in the IA’s controversial “National Emergency Library” (under which the IA temporarily allowed for simultaneous access to its collections of scans in the the early days of the pandemic, when schools and libraries were shuttered)….”

RIAA Piles On In The Effort To Kill The World’s Greatest Library: Sues Internet Archive For Making It Possible To Hear Old 78s

On Friday, the Internet Archive put up a blog post noting that its digital book lending program was likely to change as it continues to fight the book publishers’ efforts to kill the Internet Archive. As you’ll recall, all the big book publishers teamed up to sue the Internet Archive over its Open Library project, which was created based on a detailed approach, backed by librarians and copyright lawyers, to recreate an online digital library that matches a physical library. Unfortunately, back in March, the judge decided (just days after oral arguments) that everything about the Open Library infringes on copyrights. There were many, many problems with this ruling, and the Archive is appealing.

However, in the meantime, the judge in the district court needed to sort out the details of the injunction in terms of what activities the Archive would change during the appeal. The Internet Archive and the publishers negotiated over the terms of such an injunction and asked the court to weigh in on whether or not it also covers books for which there are no ebooks available at all. The Archive said it should only cover books where the publishers make an ebook available, while the publishers said it should cover all books, because of course they did. Given Judge Koeltl’s original ruling, I expected him to side with the publishers, and effectively shut down the Open Library. However, this morning he surprised me and sided with the Internet Archive, saying only books that are already available in electronic form need to be removed. That’s still a lot, but at least it means people can still access those other works electronically. The judge rightly noted that the injunction should be narrowly targeted towards the issues at play in the case, and thus it made sense to only block works available as ebooks.

But, also on Friday, the RIAA decided to step in and to try to kick the Internet Archive while it’s down. For years now, the Archive has offered up its Great 78 Project, in which the Archive, in coordination with some other library/archival projects (including the Archive of Contemporary Music and George Blood LP), has been digitizing whatever 78rpm records they could find.

78rpm records were some of the earliest musical recordings, and were produced from 1898 through the 1950s when they were replaced by 33 1/3rpm and 45rpm vinyl records. I remember that when I was growing up my grandparents had a record player that could still play 78s, and there were a few of those old 78s in a cabinet. Most of the 78s were not on vinyl, but shellac, and were fairly brittle, meaning that many old 78s are gone forever. As such there is tremendous value in preserving and protecting old 78s, which is also why many libraries have collections of them. It’s also why those various archival libraries decided to digitize and preserve them. Without such an effort, many of those 78s would disappear.

If you’ve ever gone through the Great78 project, you know quite well that it is, in no way, a substitute for music streaming services like Spotify or Apple Music. You get a static page in which you (1) see a photograph of the original 78 label, (2) get some information on that recording, and (3) are able to listen to and download just that song. Here’s a random example I pulled:

Also, when you listen to it, you can clearly hear that this was digitized straight off of the 78 itself, including all the crackle and hissing of the record. It is nothing like the carefully remastered versions you hear on music streaming services.

Indeed, I’ve used the Great78 Project to discover old songs I’d never heard before, leading me to search out those artists on Spotify to add to my playlists, meaning that for me, personally, the Great78 Project has almost certainly resulted in the big record labels making more money, as it added more artists for me to listen to through licensed systems.

It’s no secret that the recording industry had it out for the Great78 Project. Three years ago, we wrote about how Senator Thom Tillis (who has spent his tenure in the Senate pushing for whatever the legacy copyright industries want) seemed absolutely apoplectic when the Internet Archive bought a famous old record store in order to get access to the 78s to digitize, and Tillis thought that this attempt to preserve culture was shameful.

The lawsuit, joined by all of the big RIAA record labels, was filed by one of the RIAA’s favorite lawyers for destroying anything good that expands access to music: Matt Oppenheim. Matt was at the RIAA and helped destroy both Napster and Grokster. He was also the lawyer who helped create some terrible precedents holding ISPs liable for subscribers who download music, enabling even greater copyright trolling. Basically, if you’ve seen anything cool and innovative in the world of music over the last two decades, Oppenheim has been there to kill it.

And now he’s trying to kill the world’s greatest library.

Much of the actual lawsuit revolves around the Music Modernization Act, which was passed in 2018 and had some good parts in it, in particular in moving some pre-1972 sound recordings into the public domain. As you might also recall, prior to February of 1972, sound recordings did not get federal copyright protection (though they might get some form of state copyright). Indeed, in most of the first half of the 20th century, many copyright experts believed that federal copyright could not apply to sound recordings and that it could only apply to the composition. After February of 1972, sound recordings were granted federal copyright, but that left pre-1972 works in a weird state, in which they were often protected by an amalgamation of obsolete state laws, meaning that some works might not reach the public domain for well over a century. This was leading to real concerns that some of our earliest recordings would disappear forever.

The Music Modernization Act sought to deal with some of that, creating a process by which pre-1972 sound recordings would be shifted under federal copyright, and a clear process began to move some of the oldest ones into the public domain. It also created a process for dealing with old orphaned works, where the copyright holder could not be found. The Internet Archive celebrated all of this, and noted that it would be useful for some of its archival efforts.

The lawsuit accuses the Archive (and Brewster Kahle directly) of then ignoring the limitations and procedures in the Music Modernization Act to just continue digitizing and releasing all of the 78s it could find, including those by some well known artists whose works are available on streaming platforms and elsewhere. It also whines that the Archive often posts links to newly digitized Great78 records on ex-Twitter.

When the Music Modernization Act’s enactment made clear that unauthorized copying, streaming, and distributing pre-1972 sound recordings is infringing, Internet Archive made no changes to its activities. Internet Archive did not obtain authorization to use the recordings on the Great 78 Project website. It did not remove any recordings from public access. It did not slow the pace at which it made new recordings publicly available. It did not change its policies regarding which recordings it would make publicly available.

Internet Archive has not filed any notices of non-commercial use with the Copyright Office. Accordingly, the safe harbor set forth in the Music Modernization Act is not applicable to Internet Archive’s activities.

Internet Archive knew full well that the Music Modernization Act had made its activities illegal under Federal law. When the Music Modernization Act went into effect, Internet Archive posted about it on its blog. Jeff Kaplan, The Music Modernization Act is now law which means some pre-1972 music goes public, INTERNET ARCHIVE (Oct. 15, 2018), https://blog.archive.org/2018/10/15/the-music-modernization-act-is-now-law-which-means-some-music-goes-public/. The blog post stated that “the MMA means that libraries can make some of these older recordings freely available to the public as long as we do a reasonable search to determine that they are not commercially available.” Id. (emphasis added). The blog post further noted that the MMA “expands an obscure provision of the library exception to US Copyright Law, Section 108(h), to apply to all pre-72 recordings. Unfortunately 108(h) is notoriously hard to implement.” Id. (emphasis added). Brewster Kahle tweeted a link to the blog post. Brewster Kahle (@brewster_kahle), TWITTER (Oct. 15, 2018 11:26 AM), https://twitter.com/brewster_kahle/status/1051856787312271361.

Kahle delivered a presentation at the Association for Recorded Sound Collection’s 2019 annual conference titled, “Music Modernization Act 2018. How it did not go wrong, and even went pretty right.” In the presentation, Kahle stated that, “We Get pre-1972 out-of-print to be ‘Library Public Domain’!”. The presentation shows that Kahle, and, by extension, Internet Archive and the Foundation, understood how the Music Modernization Act had changed federal law and was aware the Music Modernization Act had made it unlawful under federal law to reproduce, distribute, and publicly perform pre-1972 sound recordings.

Despite knowing that the Music Modernization Act made its conduct infringing under federal law, Internet Archive ignored the new law and plowed forward as if the Music Modernization Act had never been enacted.

There’s a lot in the complaint that you can read. It attacks Brewster Kahle personally, falsely claiming that Kahle “advocated against the copyright laws for years,” rather than the more accurate statement that Kahle has advocated against problematic copyright laws that lock down, hide, and destroy culture. The lawsuit even uses Kahle’s important, though unfortunately failed, Kahle v. Gonzalez lawsuit, which argued (compellingly, though unfortunately not to the 9th Circuit) that when Congress changed copyright law from opt-in copyright (in which you had to register anything to get a copyright) to “everything is automatically covered by copyright,” it changed the very nature of copyright law, and took it beyond the limits required under the Constitution. That was not an “anti-copyright” lawsuit. It was an “anti-massive expansion of copyright in a manner that harms culture” lawsuit.

It is entirely possible (perhaps even likely) that the RIAA will win this lawsuit. As Oppenheim knows well, the courts are often quite smitten with the idea that the giant record labels and publishers and movie studios “own” culture and can limit how the public experiences it.

But all this really does is demonstrate exactly how broken modern copyright law is. There is no sensible or rationale world in which an effort to preserve culture and make it available to people should be deemed a violation of the law. Especially when that culture is mostly works that the record labels themselves ignored for decades, allowing them to decay and disappear in many instances. To come back now, decades later, and try to kill off library preservation and archival efforts is just an insult to the way culture works.

It’s doubly stupid given that the RIAA, and Oppenheim in particular, spent years trying to block music from ever being available on the internet. It’s only now that the very internet they fought developed systems that have re-invigorated the bank accounts of the labels through streaming that the RIAA gets to pretend that of course it cares about music from the first half of the 20th century — music that it was happy to let decay and die off until just recently.

Whether or not the case is legally sound is one thing. Chances are the labels may win. But, on a moral level, everything about this is despicable. The Great78 project isn’t taking a dime away from artists or the labels. No one is listening to the those recordings as a replacement for licensed efforts. Again, if anything, it’s helping to rejuvenate interest in those old recordings for free.

And if this lawsuit succeeds, it could very well put the nail in the coffin of the Internet Archive, which is already in trouble due to the publishers’ lawsuit.

Over the last few years, the RIAA had sort of taken a step back from being the internet’s villain, but its instincts to kill off and spit on culture never went away.

Internet Archive’s Copyright Battle with Publishers Leads to Lending Restrictions * TorrentFreak

“The Internet Archive’s online book lending library will be severely limited to avoid copyright liability. The library and book publishers have agreed the terms of a judgment that leaves one crucial question open for the court. While restrictions are unavoidable, for now, the Internet Archive is eager to reverse the court’s liability ruling on appeal….”

The Internet Archive and leading book publishers find common ground in legal battle – Good e-Reader

“In a development that may mark a turning point in their legal dispute, the Internet Archive and a consortium of prominent book publishers have jointly informed a Manhattan federal court about their progress in resolving key aspects of their ongoing conflict concerning the Archive’s digital lending of scanned books, Reuters reported.

Pending acceptance, a consent judgment is poised to address several critical matters in the case, encompassing potential financial compensation and the extent of restrictions on the Archive’s lending practices. Importantly, the consent judgment holds the potential to pave the way for an appeal in response to U.S. District Judge John Koeltl’s previous ruling, which found that the Archive had infringed upon the publishers’ copyrights.

Under the proposed terms, the Archive would be obligated to make an undisclosed monetary payment to entities such as Lagardere SCA’s Hachette Book Group, News Corp’s HarperCollins Publishers, John Wiley & Sons, and Bertelsmann SE & Co’s Penguin Random House if the Archive’s appeal proves unsuccessful.

Additionally, the consent judgment would establish a permanent injunction preventing the Archive from lending copies of the publishers’ books without explicit permission while the appeal is pending. However, a point of contention remains as the parties urge Judge Koeltl to clarify whether this injunction exclusively pertains to books already available for electronic licensing or extends to books commercially accessible in any format….”

Build, Access, Analyze: Introducing ARCH (Archives Research Compute Hub) | Internet Archive Blogs

“We are excited to announce the public availability of ARCH (Archives Research Compute Hub), a new research and education service that helps users easily build, access, and analyze digital collections computationally at scale. ARCH represents a combination of the Internet Archive’s experience supporting computational research for more than a decade by providing large-scale data to researchers and dataset-oriented service integrations like ARS (Archive-it Research Services) and a collaboration with the Archives Unleashed project of the University of Waterloo and York University. Development of ARCH was generously supported by the Mellon Foundation.

ARCH helps users easily conduct and support computational research with digital collections at scale – e.g., text and data mining, data science, digital scholarship, machine learning, and more. Users can build custom research collections relevant to a wide range of subjects, generate and access research-ready datasets from collections, and analyze those datasets. In line with best practices in reproducibility, ARCH supports open publication and preservation of user-generated datasets. ARCH is currently optimized for working with tens of thousands of web archive collections, covering a broad range of subjects, events, and timeframes, and the platform is actively expanding to include digitized text and image collections. ARCH also works with various portions of the overall Wayback Machine global web archive totaling 50+ PB going back to 1996, representing an extensive archive of contemporary history and communication….”

Book Bans Attack the LGBTQ+ Community, Open Access Is Part of Our Defense | punctum books

van Gerven Oei, V. W. J., & Joy, E. A. F. (2023). Book Bans Attack the LGBTQ+ Community, Open Access Is Part of Our Defense. Punctum Books. https://doi.org/10.21428/ae6a44a6.8634dbb0  

Book Publishers Are Trying to Destroy Public E-Book Access in Order to Increase Profits ? Current Affairs

“The publishers argued that the Internet Archive practices a form of “willful digital piracy on an industrial scale.” Judge Koeltl agreed, saying that although IA does not actually increase the number of books in circulation, “the Publishers hold exclusive publishing rights” and the IA “infringed the plaintiffs’ copyrights in 127 books (the “Works in Suit”) by scanning print copies … and lending the digital copies to users of the defendant’s website without the plaintiffs’ permission.” He says that they can only legally digitize books that are considered to be in the public domain,1 which would force them to remove more than 3.6  million copyrighted works currently on the site.  

Koeltl dismissed the Archive’s argument that their practices constitute “fair use,” which allows copying for criticism, comment, news reporting, teaching, scholarship, or research. To determine if a piece of content falls under fair use, judges consider nonprofit or educational purposes, transformation, and market effect. In his opinion, Koeltl gave lengthy explanations for why he believes IA is not fair use. Mike Masnick, the founder of Techdirt and one of the most prolific writers on fair use in the Internet age, gives Koeltl’s tortured logic the verbal flogging it deserves, arguing that the Archive’s lending is transformative, not for profit, and no more impactful to the market than the average library. But even setting aside the legal question of copyright infringement, we should still consider the destruction of the IA to be a bad thing for society. At bottom, this is a case of a cabal of powerful commercial interests using the legal system to bully a public organization that offers a superior service, completely for free, without stealing anything….”