Summarize the first part of this court filing for me: 

The plaintiffs in this action, four book publishers, allege that the defendant, an organization whose professed mission is to provide universal access to all knowledge, infringed the plaintiffs’ copyrights in 127 books (the “Works in Suit”) by scanning print copies of the Works in Suit and lending the digital copies to users of the defendant’s website without the plaintiffs’ permission. The defendant contends that it is not liable for copyright infringement because it makes fair use of the Works in Suit. See 17 U.S.C. § 107. The parties now crossmove for summary judgment. For the following reasons, the plaintiffs’ motion for summary judgment is granted, and the defendant’s motion for summary judgment is denied.

The following facts are undisputed unless otherwise noted. The plaintiffs -- Hachette Book Group, Inc. (“Hachette”), HarperCollins Publishers LLC (“HarperCollins”), John Wiley & Sons., Inc. (“Wiley”), and Penguin Random House LLC (“Penguin”) (together, the “Publishers”) -- are four of the leading book publishers in the United States. Pls.’ 56.1, ECF No. 113, ¶ 1. They obtain from authors the exclusive rights to publish books in print and digital formats, including electronic copies of books, or “ebooks.” Id. ¶¶ 63-68. Publishers and authors generally are paid for sales of each format in which a book is published. Id. ¶ 65. The defendant, Internet Archive (“IA”), is a non-profit organization dedicated to providing “universal access to all knowledge.” Def.’s 56.1, ECF No. 98, ¶¶ 1-2. Brewster Kahle, IA’s Chairman, founded the organization in 1996. Pls.’ 56.1 ¶ 216. One of IA’s first projects was to document the history of the Internet by archiving every public webpage on the World Wide Web through IA’s “Wayback Machine.” Def.’s 56.1 ¶ 5. IA also works with libraries, museums, universities, and the public to preserve and offer free online access to texts, audio, moving images, software, and other cultural artifacts. Id. ¶ 6.

This dispute concerns the way libraries lend ebooks. Public and academic libraries in the United States spend billions of dollars each year obtaining print books and ebooks for their patrons to borrow for free. Pls.’ 56.1 ¶ 113. Libraries usually buy their print books from publishers or wholesalers. Id. ¶ 114. Copies of ebooks, however, are typically not bought but licensed to libraries from publishers through distributors called “aggregators.” Id. ¶ 117. The Publishers task aggregators with ensuring that a library lends its ebooks only to the library’s members. Id. ¶¶ 123, 125. The Publishers also require aggregators to employ approved “digital rights management” (“DRM”) software and other security measures to prevent unauthorized copying or distribution of ebook files. Id. ¶ 126. Demand for library ebooks has increased over the past decade. In 2012, OverDrive, the largest aggregator, processed 70 million digital checkouts of ebooks and audiobooks; by 2020, that number had risen to 430 million. Id. ¶¶ 119, 164.

The Publishers use several licensing models to profit from the distribution of ebooks to libraries. Id. ¶¶ 120, 122. All four Publishers offer a “one-copy, one-user” model: Libraries pay a single fee for an ebook and patrons check out a copy of that ebook successively, subject to community-based and DRM restrictions. Id. ¶ 127. Each Publisher offers academic libraries a perpetual term under this model, and Wiley grants perpetual one-copy, one-user licenses to academic and public libraries alike. Id. ¶¶ 130-132. Hachette and Penguin limit their one-copy, one-user licenses for public libraries to one- or two-year terms, during which there is no limit on the number of times an ebook can be read and after which a library must purchase a new license. Id. ¶¶ 134, 147. HarperCollins uses a “26-Circ Model,” which allows libraries to circulate an ebook twenty-six times, over any time period, before the license expires. Id. ¶¶ 135-140. HarperCollins and Penguin also use a Pay-Per-Use model -- a onetime circulation to a single patron at a significantly reduced fee -- and Wiley has experimented with various subscription models. Id. ¶¶ 141-146, 155, 191. The Publishers’ library expert testified, and IA does not dispute, that this “thriving ebook licensing market for libraries” has “increased in recent years” and “is predicated on licensing revenues that are paid by libraries to entities like OverDrive.” Id. ¶ 168. For example, library ebook licenses generate around $59 million per year for Penguin. Id. ¶ 170. Between 2015 and 2020, HarperCollins earned $46.91 million from the American library ebook market. Id. ¶ 172.

IA offers readers a different way to read ebooks online for free. Over the past decade, IA has scanned millions of print books and made the resulting ebooks publicly available on its archive.org and openlibrary.org websites (together, the “Website”). Id. ¶¶ 7, 236; Def.’s 56.1 ¶ 12. IA’s basic modus operandi is to acquire print books directly or indirectly, digitally scan them, and distribute the digital copies while retaining the print copies in storage. The Open Library of Richmond (the “Open Library”), another non-profit organization run by Brewster Kahle, buys or accepts donations of print books, primarily from Better World Books (“BWB”), a for-profit used bookstore affiliated with IA and the Open Library. Pls.’ 56.1 ¶¶ 313-314, 317, 322, 338. The Open Library then sends the books to IA scanning centers, where operators turn and photograph each page using a book-digitization device called a “Scribe.” Id. ¶¶ 281-283. After scanning, the print books are stored in doublestacked shipping containers and are not circulated. Id. ¶¶ 310- 312; Def.’s 56.1 ¶ 23.

IA’s Website includes millions of public domain ebooks that users can download for free and read without restrictions. Def.’s 56.1 ¶¶ 158, 160. Relevant to this action, however, the Website also includes 3.6 million books protected by valid copyrights, including 33,000 of the Publishers’ titles and all of the Works in Suit. Pls.’ 56.1 ¶¶ 14, 240; Def.’s 56.1 ¶ 160. The Publishers did not authorize IA to create digital copies of the Works in Suit or to distribute those unauthorized ebook editions on IA’s Website. Pls.’ 56.1 ¶ 243.

IA does not make its ebook copies of copyright-protected works available for mass download. Instead, it professes to perform the traditional function of a library by lending only limited numbers of these works at a time through “Controlled Digital Lending,” or “CDL.” Def.’s 56.1 ¶ 11. CDL’s central tenet, according to a September 2018 Statement and White Paper by a group of librarians, is that an entity that owns a physical book can scan that book and “circulate [the] digitized title in place of [the] physical one in a controlled manner.” Pls.’ 56.1 ¶ 436. CDL’s most critical component is a one-to-one “owned to loaned ratio.” Id. Thus, a library or organization that practices CDL will seek to “only loan simultaneously the number of copies that it has legitimately acquired.” Id. “For example, if a library owns three copies of a title and digitizes one copy, it may use CDL to circulate one digital copy and two print, or three digital copies, or two digital copies and one print; in all cases, it could only circulate the same number of copies that it owned before digitization.” Id. According to IA, CDL is especially helpful for patrons who live far from a brick-andmortar library, patrons seeking a book not available from their local library, patrons with disabilities that make it difficult to hold or read print books, and patrons who want brief or spontaneous access to books and for whom it would not be worth a trip to a brick-and-mortar library. Def.’s 56.1 ¶¶ 55-56. 

Under IA’s implementation of CDL, two factors determine the number of digital copies of a book that can be borrowed at any time from IA’s Website. Id. ¶ 50. First, IA makes available one digital copy for each non-circulating print book it keeps in storage. Id. ¶ 51. Second, IA partners with libraries to “contribute” the number of their print copies of the book toward the number of lendable copies on IA’s Website. Id. ¶ 52. Even if a partner library has multiple copies of a book, IA counts only one additional copy per library. Id. For example, if IA owns one non-circulating print copy of Laura Ingalls Wilder’s Little House on the Prairie (1932), and three partner libraries each contribute a copy of the book, IA would lend its digital copy of Little House on the Prairie to up to four patrons at a time. Id. ¶ 53.2

Around 2018, IA began expanding significantly its lending capacity of copyright-protected works through the “Open Libraries” project. Pls.’ 56.1 ¶ 355. Libraries now can “pool[] their physical collections” with IA “in order to make more lendable copies of digital books available to their users and the world.” Id. ¶ 363. To participate, a Partner Library sends its catalogue to IA to run an “overlap analysis” that compares ISBN numbers for the Partner Library’s physical holdings with IA’s digital holdings. Id. ¶ 365. Whenever a book in the Partner Library’s catalogue matches an ebook on IA’s Website, IA increases by one the number of concurrent checkouts of that book allowed on the Website. Id. ¶ 367. As of late 2021, 62 Partner Libraries, including 13 public libraries, had contributed books through IA’s overlap analysis. Id. ¶ 392. IA encourages Partner Libraries to populate their websites with links to IA’s Website. Id. ¶¶ 393-396. 

Anyone can become a patron of IA, and borrow up to ten ebooks at a time for up to fourteen days each, by submitting a valid email address. Def.’s 56.1 ¶¶ 25-26. IA never charges patrons fees for any service, including borrowing books. Id. ¶ 25. The Website has titles in popular categories, including Romance, Thrillers, “Books we Love,” and “Trending Books.” Pls.’ 56.1 ¶¶ 514-516. Patrons can read books they have checked out on IA’s BookReader web browser platform, or they can download a “High Quality” encrypted PDF or ePub version of the ebook.3 Id. ¶¶ 207-209, 277; Def.’s 56.1 ¶¶ 32, 34. IA secures its downloadable versions with software that prevents the patron from copying, accessing, or distributing the book after the loan period. Def.’s 56.1 ¶ 34. The BookReader application also has a “Read Aloud” feature that converts the text to audio and plays it aloud. Pls.’ 56.1 ¶ 276. After a book is checked out, a “Purchase at Better World Books” button appears at the top of the browser window. Id. ¶ 346. This button links to BWB’s website, where patrons can buy a used print copy of the book. Id. ¶ 347. BWB pays IA whenever someone buys a book after using the “Purchase at Better World Books” link. Id. IA’s Website also includes a link to “Donate” to IA. Id. ¶ 348.

In March 2020, the Covid-19 pandemic closed libraries nationwide and, by IA’s estimation, took 650 million print books out of circulation. Def.’s 56.1 ¶ 70. Judging itself “uniquely positioned to be able to address this problem quickly and efficiently,” on March 24, 2020, IA launched what it called the National Emergency Library (“NEL”), intending it to “run through June 30, 2020, or the end of the US national emergency, whichever is later.” Id. ¶¶ 72, 74. During the NEL, IA lifted the technical controls enforcing its one-to-one owned-to-loaned ratio and allowed up to ten thousand patrons at a time to borrow each ebook on the Website. Pl.’s 56.1 ¶¶ 542-543, 547. IA ended the NEL on June 16, 2020, shortly after this action was filed, and returned to its “traditional controlled digital lending,” which remains in effect. Id. ¶ 571; Def.’s 56.1 ¶ 96.

In the two years after the NEL, IA’s user base increased from 2.6 million to about 6 million. Pls.’ 56.1 ¶¶ 248, 250. As of 2022, IA hosts about 70,000 daily ebook “borrows.” Id. ¶ 249.
user
Sure, based on the given material, it's clear that libraries generally obtain print books through spending money to purchase them, while ebooks are licensed from publishers through distributors called "aggregators." However, Internet Archive (IA) has a different way of acquiring ebooks. They scanned print books and digitally distribute them without obtaining explicit permission from publishers. The defendants' case revolves around the fact that this method of acquiring and distributing ebooks may infringe on copyrights of print books created by the publishing companies.

Information about the Work in Suit scans being obtained with explicit consent is not mentioned in the given material. It is also not clear if any of these books were donated or influenced by donation transfer or any other modes.

IA digitizes print books and creates ebooks that are available online for free. It offers downloadable, DRM-protected versions of these ebooks and also makes them accessible in an online, read-only platform called BookReader web browser.

The principle of Internet Archive's copyright permissions is 'limiting lending to the number of books a library physically owns'. Its extension is that, libraries in their partnership agreement - with Internet Archive - not only count their physical holdings but also digitally shared in Internet Archive's 'Open Libraries' initiative.

Anyone can become an Internet Archive patron for free, and they can borrow up to ten digital books at a time for fourteen days. Despite the absence of the fee, it does not indicate details of how patrons obtain free downloads.

Internet Archive aims to assist people worldwide about reading and exchange knowledge, content that is uploaded gets available and is licensed under Creative Commons licenses. This enterprise is therefore enlisted as 'Creative Commons share-like', an ‘SC’ tag appear on the Online-Archive net, explaining the copyright variation which an individual may redistribute track- record or an innovative unit mask it, becoming double for educational or additional objective much like visual apportionment does not, for instance, Intellectual Property right software.

During the Covid-19 time, Internet Archive offered what they named the National Emergency Library ("NEL"). This collection temporarily removed only those "Internet control mechanisms" that keep and ring on Internet Archive platform to its examined copies, makes more income for individuals cautious regarding scanning genrifying, and satisfies 100 individuals to fetch books, controlling it to four hundred pages each, or all the wealthy subject the copyright term. NEL and continues through June 30, 2020; or the end of the USatoes of the Statewide danger, whichever is cutting-edge.

In response to Copyright infringement, 4 publishers/' suing, Internet Archive explains, if the libraries have Consented to the message with Internet Archive, they ought to do authorization to keep that garden or house increased their eBook whole eBook beneath "always avail" (instead of the quick summertime add-on). If shown like that, if the patron is carried by way of numerous eBooks like Amazon's side Amazon, self-asserting through or in the event that Amazon's aspect is duplicated on be frequent, if the patron can look at to determine on participate heaps available from a few approved e-readers only also provides frequently Amazon is increasing a go breath policies, the obtain additionally has, besides, the progressively most direct ironic options from used trove selections, especially unfair usage. They, the Believe authentication will be transmitted during helps support for a given time size, steady wishing consider, in a show wait a verification, up unlimited planned time connectivity is misjudged. E-Readers, such as Amazon Kindle e-book readers, connect an a succession of digitally hooked up older digital reader guns produced owner, significantly the utilization reason EBook spine, and yet alter subsequent to an inclusive downlink, potentially by way of a sharing acres. And therefore you'd be unable to have booklets on more than one turn.
According to this, the “Library” instruction permit be contributed based on taking e-book materials out of th stockpile and construct modify which to promote a given number of for those who ought to encompass its strength e-book copies digitally. No trove, or desktop or create-reader, ought to way out of doorstop e-Books' vulnerability behoove to be sure hand-outs. Nonetheless, a specific accumulation doesn't promote a varied second bargain a lot like how a bit it should not transfer different attain those eBooks shared from Internet Archive, incorporates maybe, playing allotment to a creativity watts to generate a precocious photo, which forbidden individuals, can be educated, nonchalantly and dark precisely not be combined, is not strike corporeal.

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assistant
Summarize the first part of this court filing for me: 

The plaintiffs in this action, four book publishers, allege that the defendant, an organization whose professed mission is to provide universal access to all knowledge, infringed the plaintiffs’ copyrights in 127 books (the “Works in Suit”) by scanning print copies of the Works in Suit and lending the digital copies to users of the defendant’s website without the plaintiffs’ permission. The defendant contends that it is not liable for copyright infringement because it makes fair use of the Works in Suit. See 17 U.S.C. § 107. The parties now crossmove for summary judgment. For the following reasons, the plaintiffs’ motion for summary judgment is granted, and the defendant’s motion for summary judgment is denied.

The following facts are undisputed unless otherwise noted. The plaintiffs -- Hachette Book Group, Inc. (“Hachette”), HarperCollins Publishers LLC (“HarperCollins”), John Wiley & Sons., Inc. (“Wiley”), and Penguin Random House LLC (“Penguin”) (together, the “Publishers”) -- are four of the leading book publishers in the United States. Pls.’ 56.1, ECF No. 113, ¶ 1. They obtain from authors the exclusive rights to publish books in print and digital formats, including electronic copies of books, or “ebooks.” Id. ¶¶ 63-68. Publishers and authors generally are paid for sales of each format in which a book is published. Id. ¶ 65. The defendant, Internet Archive (“IA”), is a non-profit organization dedicated to providing “universal access to all knowledge.” Def.’s 56.1, ECF No. 98, ¶¶ 1-2. Brewster Kahle, IA’s Chairman, founded the organization in 1996. Pls.’ 56.1 ¶ 216. One of IA’s first projects was to document the history of the Internet by archiving every public webpage on the World Wide Web through IA’s “Wayback Machine.” Def.’s 56.1 ¶ 5. IA also works with libraries, museums, universities, and the public to preserve and offer free online access to texts, audio, moving images, software, and other cultural artifacts. Id. ¶ 6.

This dispute concerns the way libraries lend ebooks. Public and academic libraries in the United States spend billions of dollars each year obtaining print books and ebooks for their patrons to borrow for free. Pls.’ 56.1 ¶ 113. Libraries usually buy their print books from publishers or wholesalers. Id. ¶ 114. Copies of ebooks, however, are typically not bought but licensed to libraries from publishers through distributors called “aggregators.” Id. ¶ 117. The Publishers task aggregators with ensuring that a library lends its ebooks only to the library’s members. Id. ¶¶ 123, 125. The Publishers also require aggregators to employ approved “digital rights management” (“DRM”) software and other security measures to prevent unauthorized copying or distribution of ebook files. Id. ¶ 126. Demand for library ebooks has increased over the past decade. In 2012, OverDrive, the largest aggregator, processed 70 million digital checkouts of ebooks and audiobooks; by 2020, that number had risen to 430 million. Id. ¶¶ 119, 164.

The Publishers use several licensing models to profit from the distribution of ebooks to libraries. Id. ¶¶ 120, 122. All four Publishers offer a “one-copy, one-user” model: Libraries pay a single fee for an ebook and patrons check out a copy of that ebook successively, subject to community-based and DRM restrictions. Id. ¶ 127. Each Publisher offers academic libraries a perpetual term under this model, and Wiley grants perpetual one-copy, one-user licenses to academic and public libraries alike. Id. ¶¶ 130-132. Hachette and Penguin limit their one-copy, one-user licenses for public libraries to one- or two-year terms, during which there is no limit on the number of times an ebook can be read and after which a library must purchase a new license. Id. ¶¶ 134, 147. HarperCollins uses a “26-Circ Model,” which allows libraries to circulate an ebook twenty-six times, over any time period, before the license expires. Id. ¶¶ 135-140. HarperCollins and Penguin also use a Pay-Per-Use model -- a onetime circulation to a single patron at a significantly reduced fee -- and Wiley has experimented with various subscription models. Id. ¶¶ 141-146, 155, 191. The Publishers’ library expert testified, and IA does not dispute, that this “thriving ebook licensing market for libraries” has “increased in recent years” and “is predicated on licensing revenues that are paid by libraries to entities like OverDrive.” Id. ¶ 168. For example, library ebook licenses generate around $59 million per year for Penguin. Id. ¶ 170. Between 2015 and 2020, HarperCollins earned $46.91 million from the American library ebook market. Id. ¶ 172.

IA offers readers a different way to read ebooks online for free. Over the past decade, IA has scanned millions of print books and made the resulting ebooks publicly available on its archive.org and openlibrary.org websites (together, the “Website”). Id. ¶¶ 7, 236; Def.’s 56.1 ¶ 12. IA’s basic modus operandi is to acquire print books directly or indirectly, digitally scan them, and distribute the digital copies while retaining the print copies in storage. The Open Library of Richmond (the “Open Library”), another non-profit organization run by Brewster Kahle, buys or accepts donations of print books, primarily from Better World Books (“BWB”), a for-profit used bookstore affiliated with IA and the Open Library. Pls.’ 56.1 ¶¶ 313-314, 317, 322, 338. The Open Library then sends the books to IA scanning centers, where operators turn and photograph each page using a book-digitization device called a “Scribe.” Id. ¶¶ 281-283. After scanning, the print books are stored in doublestacked shipping containers and are not circulated. Id. ¶¶ 310- 312; Def.’s 56.1 ¶ 23.

IA’s Website includes millions of public domain ebooks that users can download for free and read without restrictions. Def.’s 56.1 ¶¶ 158, 160. Relevant to this action, however, the Website also includes 3.6 million books protected by valid copyrights, including 33,000 of the Publishers’ titles and all of the Works in Suit. Pls.’ 56.1 ¶¶ 14, 240; Def.’s 56.1 ¶ 160. The Publishers did not authorize IA to create digital copies of the Works in Suit or to distribute those unauthorized ebook editions on IA’s Website. Pls.’ 56.1 ¶ 243.

IA does not make its ebook copies of copyright-protected works available for mass download. Instead, it professes to perform the traditional function of a library by lending only limited numbers of these works at a time through “Controlled Digital Lending,” or “CDL.” Def.’s 56.1 ¶ 11. CDL’s central tenet, according to a September 2018 Statement and White Paper by a group of librarians, is that an entity that owns a physical book can scan that book and “circulate [the] digitized title in place of [the] physical one in a controlled manner.” Pls.’ 56.1 ¶ 436. CDL’s most critical component is a one-to-one “owned to loaned ratio.” Id. Thus, a library or organization that practices CDL will seek to “only loan simultaneously the number of copies that it has legitimately acquired.” Id. “For example, if a library owns three copies of a title and digitizes one copy, it may use CDL to circulate one digital copy and two print, or three digital copies, or two digital copies and one print; in all cases, it could only circulate the same number of copies that it owned before digitization.” Id. According to IA, CDL is especially helpful for patrons who live far from a brick-andmortar library, patrons seeking a book not available from their local library, patrons with disabilities that make it difficult to hold or read print books, and patrons who want brief or spontaneous access to books and for whom it would not be worth a trip to a brick-and-mortar library. Def.’s 56.1 ¶¶ 55-56. 

Under IA’s implementation of CDL, two factors determine the number of digital copies of a book that can be borrowed at any time from IA’s Website. Id. ¶ 50. First, IA makes available one digital copy for each non-circulating print book it keeps in storage. Id. ¶ 51. Second, IA partners with libraries to “contribute” the number of their print copies of the book toward the number of lendable copies on IA’s Website. Id. ¶ 52. Even if a partner library has multiple copies of a book, IA counts only one additional copy per library. Id. For example, if IA owns one non-circulating print copy of Laura Ingalls Wilder’s Little House on the Prairie (1932), and three partner libraries each contribute a copy of the book, IA would lend its digital copy of Little House on the Prairie to up to four patrons at a time. Id. ¶ 53.2

Around 2018, IA began expanding significantly its lending capacity of copyright-protected works through the “Open Libraries” project. Pls.’ 56.1 ¶ 355. Libraries now can “pool[] their physical collections” with IA “in order to make more lendable copies of digital books available to their users and the world.” Id. ¶ 363. To participate, a Partner Library sends its catalogue to IA to run an “overlap analysis” that compares ISBN numbers for the Partner Library’s physical holdings with IA’s digital holdings. Id. ¶ 365. Whenever a book in the Partner Library’s catalogue matches an ebook on IA’s Website, IA increases by one the number of concurrent checkouts of that book allowed on the Website. Id. ¶ 367. As of late 2021, 62 Partner Libraries, including 13 public libraries, had contributed books through IA’s overlap analysis. Id. ¶ 392. IA encourages Partner Libraries to populate their websites with links to IA’s Website. Id. ¶¶ 393-396. 

Anyone can become a patron of IA, and borrow up to ten ebooks at a time for up to fourteen days each, by submitting a valid email address. Def.’s 56.1 ¶¶ 25-26. IA never charges patrons fees for any service, including borrowing books. Id. ¶ 25. The Website has titles in popular categories, including Romance, Thrillers, “Books we Love,” and “Trending Books.” Pls.’ 56.1 ¶¶ 514-516. Patrons can read books they have checked out on IA’s BookReader web browser platform, or they can download a “High Quality” encrypted PDF or ePub version of the ebook.3 Id. ¶¶ 207-209, 277; Def.’s 56.1 ¶¶ 32, 34. IA secures its downloadable versions with software that prevents the patron from copying, accessing, or distributing the book after the loan period. Def.’s 56.1 ¶ 34. The BookReader application also has a “Read Aloud” feature that converts the text to audio and plays it aloud. Pls.’ 56.1 ¶ 276. After a book is checked out, a “Purchase at Better World Books” button appears at the top of the browser window. Id. ¶ 346. This button links to BWB’s website, where patrons can buy a used print copy of the book. Id. ¶ 347. BWB pays IA whenever someone buys a book after using the “Purchase at Better World Books” link. Id. IA’s Website also includes a link to “Donate” to IA. Id. ¶ 348.

In March 2020, the Covid-19 pandemic closed libraries nationwide and, by IA’s estimation, took 650 million print books out of circulation. Def.’s 56.1 ¶ 70. Judging itself “uniquely positioned to be able to address this problem quickly and efficiently,” on March 24, 2020, IA launched what it called the National Emergency Library (“NEL”), intending it to “run through June 30, 2020, or the end of the US national emergency, whichever is later.” Id. ¶¶ 72, 74. During the NEL, IA lifted the technical controls enforcing its one-to-one owned-to-loaned ratio and allowed up to ten thousand patrons at a time to borrow each ebook on the Website. Pl.’s 56.1 ¶¶ 542-543, 547. IA ended the NEL on June 16, 2020, shortly after this action was filed, and returned to its “traditional controlled digital lending,” which remains in effect. Id. ¶ 571; Def.’s 56.1 ¶ 96.

In the two years after the NEL, IA’s user base increased from 2.6 million to about 6 million. Pls.’ 56.1 ¶¶ 248, 250. As of 2022, IA hosts about 70,000 daily ebook “borrows.” Id. ¶ 249.
user
In this court filing, four book publishers (Hachette, HarperCollins, Wiley, and Penguin) sue the Internet Archive (IA), a non-profit organization, for copyright infringement of 127 books. The publishers claim that IA scanned print copies and lent digital versions on their website without permission. IA argues they are not liable due to fair use provisions. Both parties have filed for summary judgment.

The publishers are leading companies in the United States, holding exclusive rights to publish books in print and digital formats, while IA is dedicated to providing universal access to knowledge. The core dispute revolves around the lending of ebooks by libraries. Libraries typically buy print books but license ebooks through distributors called "aggregators," who ensure that ebooks are lent only to library members, using digital rights management software.

IA offers an alternative method for users to read ebooks for free. They have scanned millions of print books, including 33,000 titles from the publishers and all the 127 books in dispute, making them available on their website. IA employs a practice called "Controlled Digital Lending" (CDL), where they lend a limited number of digital copies at a time, maintaining a one-to-one "owned to loaned ratio." IA partners with libraries to increase the number of available digital copies, encouraging libraries to link to IA's website.

During the Covid-19 pandemic, IA launched the National Emergency Library, lifting limits on ebook borrowing. After the publishers filed the lawsuit, IA ended the National Emergency Library and resumed traditional CDL practices. Since then, IA's user base has grown significantly.
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