Lawfare to kill the internet archive … aka should have stored offline
In both cases, the Internet Archive has mounted “fair use” defenses, arguing that it is permitted to use copyrighted materials as a noncommercial entity creating archival materials. In both cases, the plaintiffs characterized it as a hub for piracy. In 2023, it lost Hachette. This month, it lost an appeal in the case. The Archive could appeal once more, to the Supreme Court of the United States
After the initial ruling in Hachette v. Internet Archive, the parties agreed upon settlement terms; although those terms are confidential, Kahle has confirmed that the Internet Archive can financially survive it thanks to the help of donors. If the Internet Archive decides not to file a second appeal, it will have to fulfill those settlement terms. A blow, but not a death knell.
The other lawsuit may be far harder to survive. In 2023, several major record labels, including Universal Music Group, Sony, and Capitol, sued the Internet Archive over its Great 78 Project, a digital archive of a niche collection of recordings of albums in the obsolete record format known as 78s, which was used from the 1890s to the late 1950s. The complaint alleges that the project “undermines the value of music.” It lists 2,749 recordings as infringed, which means damages could potentially be over $400 million.
> https://www.wired.com/story/internet-archive-memory-wayback-machine-lawsuits/