Lunduke
News • Science & Tech
The Internet Archive Loses Appeal. As Expected.
With more legal action on the horizon, how long before Archive.org closes?
September 05, 2024
post photo preview

The United States Court of Appeals (Second Circuit) just issued a ruling against the Internet Archive (Archive.org) -- rejecting their appeal, and upholding a previous ruling against them in the Hachette vs Internet Archive legal battle.

Make no mistake: This is very bad news for both the Internet Archive, Archive.org users, as well as other archival projects.

 

 

 

Hachette v. Internet Archive: The Short, Short Version

 

To make sure everyone is up to speed, here is the short, short version of this legal battle.

For many years, the Internet Archive has been creating digital copies of physical books (by scanning them) -- then allowing people to "borrow" those digital versions from Archive.org (in theory limiting the total digital books being "lent out" to the count of the physical books in the Archive's possession).

They never obtained permissions from the authors or publishers to do any of this.

In 2020, during the Covid lockdowns, the Internet Archive launched the "National Emergency Library" -- where they removed that "1 physical book : 1 digital book lent out" restriction.  Meaning anybody on the Internet could obtain digital scans of physical books... and the Archive could "Lend Out" an unlimited number of digital copies based on a single physical copy.

Again.  No permission was obtained from the writers or publishers.

Thus -- to the surprise of absolutely nobody -- the "Hachette v. Internet Archive" legal battle began.

And... The Internet Archive lost.  The judge ruled in favor of the publishers (including Hachette, Wiley, Penguin Random House, & HarperCollins).

Naturally, Internet Archive appealed that ruling.  But, boy-howdy, was their appeal a strange one which was destined to fail.

 

The Strange Appeal of The Internet Archive

 

On April 19th of 2024, the Internet Archive filed their final brief in their attempt to appeal this ruling against them.

In that ruling, one of the Internet Archive's core arguments was that it cost the Internet Archive a lot of money to make so many digital copies of books without permission... so, therefore, the Internet Archive should be allowed to do it.

That is neither a joke nor an exaggeration.  It sounds weird, because it is weird.

The Internet Archive truly attempted to make the case that spending a lot of money committing a crime... should make that crime legal.  (Could you imagine the mafia making that case?  Wild.)

You can read the full analysis, by The Lunduke Journal, of the appeal (including the appeal itself) for yourself for more details.

The reality is... there was never any chance that the Internet Archive's attempted appeal was going to be successful.  Their defensive arguments were highly illogical (bordering on flights of fancy), and brought nothing new or noteworthy to the case.  This was all painfully obvious.

 

The Lost Appeal

 

On Wednesday, September 4th, 2024, the opinion was handed down from the United States Court of Appeals.

While the full ruling is roughly 64 pages long, this single paragraph -- from the second page -- summarizes things quite well:

 

"This appeal presents the following question: Is it “fair use” for a nonprofit organization to scan copyright-protected print books in their entirety, and distribute those digital copies online, in full, for free, subject to a one-to-one owned-to-loaned ratio between its print copies and the digital copies it makes available at any given time, all without authorization from the copyright-holding publishers or authors? Applying the relevant provisions of the Copyright Act as well as binding Supreme Court and Second Circuit precedent, we conclude the answer is no. We therefore AFFIRM."

 

To call out the truly important parts:

"Question: Is it 'fair use' ... to scan copyright-protected print books in their entirety, and distribute those digital copies online, in full, for free ... all without authorization from the copyright-holding publishers or authors? ... we conclude the answer is no."

You can read the entire 64 page ruling for yourself.  Heck.  You can even read it on Archive.org.  But that line, right there, sums it all up.

Naturally, the Internet Archive has issued a statement.  Albeit... a short one.

 

"We are disappointed in today’s opinion about the Internet Archive’s digital lending of books that are available electronically elsewhere. We are reviewing the court’s opinion and will continue to defend the rights of libraries to own, lend, and preserve books."

 

What Happens Now?

 

The Internet Archive gets sued by some of the biggest book publishers... and loses.

The Internet Archive appeals... and loses.

What happens next?  Well.  Unfortunately -- for both the Internet Archive, and its users -- the future looks rather bleak.

First and foremost: Has the Internet Archive made, and distributed, digital copies of work you own?  This ruling will certainly not hurt your case should you decide to take legal action against Archive.org.

And -- holy smokes -- the amount of copyrighted material on Archive.org is absolutely massive.

The Archive.org software repository alone contains millions of items.  With a very large number of them being copyrighted material, posted there without permission of the copyright owner.

Simply going by the numbers, here's how much material is available on Archive.org (roughly):

  • 832 Billion archived webpages.
  • 38 Million printed materials (magazines, books, etc.).
  • 2.6 Million pieces of software
  • 11.6 Million videos files.
  • 15 Million audio files.
  • 4.7 Million images.

How many of those items do you think are there without permission (or possibly even knowledge) of the owners or creators?

Every single one now has an increasingly strong case when looking at potential legal action.

And it's about to get even worse for the Internet Archive.

 

UMG Recordings v. Internet Archive

 

That's right, the book publishers weren't the only ones taking legal action against Archive.org. 

Universal Music Group and Sony have an ongoing lawsuit against the Internet Archive -- regarding the distribution of 2,749 audio recordings (with potential damages upwards of $412 Million USD).

Seriously.

 

"Plaintiffs bring this suit to address Defendants’ massive ongoing violation of Plaintiffs’ rights in protected pre-1972 sound recordings. As part of what Defendants have dubbed the “Great 78 Project,” Internet Archive, Blood, and GBLP have willfully reproduced thousands of Plaintiffs’ protected sound recordings without authorization by copying physical records into digital files. Internet Archive then willfully uploaded, distributed, and digitally transmitted those illegally copied sound recordings millions of times from Internet Archive’s website."

 

Sound familiar?  Digital copies.  No permission from the artists or publishers.  Free downloads for everyone.

Naturally, the Internet Archive attempted to have this suit dismissed... but their attempt was denied in May of 2024.  (Because if there's one constant in life... it's that the Internet Archive always loses in court.)  That case is going forward.

 

 

What happens if the Internet Archive loses this UMG / Sony case?  What happens if they are ordered to pay $412 Million in damages?

To put it simply: Archive.org doesn't have that kind of money.  They bring in roughly $20 Million (give or take) per year.  That type of legal liability would absolutely destroy the Internet Archive.

 

 

And, here's the thing, the Internet Archive is almost assuredly going to lose that lawsuit as well.

Regardless of what you, I, or anyone else thinks of the Internet Archive -- and, make no mistake, I use that service several times a week (and love it) -- the law here is incredibly clear and well tested.

The Internet Archive runs one of the largest (if not the largest) website of pirated and stolen digital material on the planet.  Sure, it may also provide extremely valuable (and often, very legal) services as well.. but that doesn't make those crimes go away.

With each legal defeat, the Internet Archive grows increasingly vulnerable to additional attacks.

Simply being logical about it... it seems highly likely that we'll see additional suits brought against the Internet Archive in the months ahead.  Books, music, TV shows, software... Archive.org contains a massive mountain of copyrighted material in all areas.  These are suits which the Internet Archive would be almost certain to lose.

With this reality looming, how long until Archive.org will be forced to shut down entirely?  That day is likely not far off... and a sad day it will be.

 

The Archive Had to Know This Was Coming

 

The truly sad part?  The leadership of the Internet Archive had to know exactly what they were doing.

Every step of the way, it was obvious that they were going to lock horns with publishers (and lose).

Heck, I told them.  Repeatedly.

But, even if The Lunduke Journal hadn't pointed this out... it was a brutally obvious certainty to anyone even mildly familiar with copyright law and the workings of Archive.org.

Which means: The Internet Archive knowingly put their entire service at risk (including the Wayback Machine, the massive archive or pre-copyright audio recordings, etc.) because they wanted to publish copyrighted material against the wishes of the authors or publishers.

Despite this, they continue to push a public perception campaign where they pretend that publishers and authors are burning their own books.  When the reality is... the books are still available a wide variety of ways.  Archive.org simply got in trouble for copying and distributing them without permission.

 

 

Something I find truly fascinating about all of this, is that The Lunduke Journal will -- as usual -- get yelled at (rather extensively) for this article.  For simply pointing out the current reality of copyright law and how the Internet Archive has, knowingly, violated it.

People love Archive.org.  Heck, I love Archive.org.

And people are allowing their love for that website to convince them that anyone being critical of it... must, necessarily, be bad and evil.  An enemy.

But it is not The Lunduke Journal who is putting The Internet Archive in danger of being shut down.

Neither is it Sony, Hachette, Random House, or HarperCollins who are putting The Internet Archive in danger.

No, sir.

The only one putting The Internet Archive in danger... is The Internet Archive.

community logo
Join the Lunduke Community
To read more articles like this, sign up and join my community today
14
What else you may like…
Videos
Podcasts
Posts
Articles
$20,000 Bounty Offered to Bribe FFmpeg Team to Fire Contributor

A popular YouTuber named Theo Browne offered $20k to the Open Source FFmpeg team if they remove their social media person, who Theo calls a "motherf***er".

The X Thread:
https://x.com/LundukeJournal/status/1982569289237352620

More from The Lunduke Journal:
https://lunduke.com/

00:26:32
October 24, 2025
Rust Clone of Core Utils Breaks Ubuntu Updates

Ubuntu 25.10 dropped the battle tested GNU Core Utils, in favor of the untested, incomplete "uutils". Why? Because they were programmed in Rust. And, as expected, things are breaking.

More from The Lunduke Journal:
https://lunduke.com/

00:16:47
October 24, 2025
Fedora: The First Vibe Coded Linux Distro

What does an Al developed Linux Distribution look like? We'll soon find out, as Fedora (owned by Red Hat) now has a policy specifically allowing Al contributions.

More from The Lunduke Journal:
https://lunduke.com/

00:08:49
November 22, 2023
The futility of Ad-Blockers

Ads are filling the entirety of the Web -- websites, podcasts, YouTube videos, etc. -- at an increasing rate. Prices for those ad placements are plummeting. Consumers are desperate to use ad-blockers to make the web palatable. Google (and others) are desperate to break and block ad-blockers. All of which results in... more ads and lower pay for creators.

It's a fascinatingly annoying cycle. And there's only one viable way out of it.

Looking for the Podcast RSS feed or other links? Check here:
https://lunduke.locals.com/post/4619051/lunduke-journal-link-central-tm

Give the gift of The Lunduke Journal:
https://lunduke.locals.com/post/4898317/give-the-gift-of-the-lunduke-journal

The futility of Ad-Blockers
November 21, 2023
openSUSE says "No Lunduke allowed!"

Those in power with openSUSE make it clear they will not allow me anywhere near anything related to the openSUSE project. Ever. For any reason.

Well, that settles that, then! Guess I won't be contributing to openSUSE! 🤣

Looking for the Podcast RSS feed or other links?
https://lunduke.locals.com/post/4619051/lunduke-journal-link-central-tm

Give the gift of The Lunduke Journal:
https://lunduke.locals.com/post/4898317/give-the-gift-of-the-lunduke-journal

openSUSE says "No Lunduke allowed!"
September 13, 2023
"Andreas Kling creator of Serenity OS & Ladybird Web Browser" - Lunduke’s Big Tech Show - September 13th, 2023 - Ep 044

This episode is free for all to enjoy and share.

Be sure to subscribe here at Lunduke.Locals.com to get all shows & articles (including interviews with other amazing nerds).

"Andreas Kling creator of Serenity OS & Ladybird Web Browser" - Lunduke’s Big Tech Show - September 13th, 2023 - Ep 044

good news to share. a few days ago was my 1 year mark for using linux as my daily drive OS instead of windows. the irony is that i had to completely renew my windows install, what was it 2 weeks ago now, so i could play BF6 because that game has some BS requirements.

14 hours ago

Notifications are broke again! Cannot delete the ones I've read...they still show up as unread!!

October 15, 2025
post photo preview
The Unpublished Anti-Lunduke Hit-Piece
A Tech Journalist interviewed me for a hit-piece article. But the questions made them look bad, and they shelved the story. So I'm publishing their hit-piece for them.

Back in September, shortly after the assassination of Charlie Kirk, I was contacted by a Tech Journalist writing for FossForce.com (a smaller, Open Source focused publication) who was working on an article around Open Source, Antifa, and the Lunduke Journal’s coverage of those topics.

This particular outlet had, several months prior, run an “anti-Lunduke” hit piece without first reaching out for comment — which resulted in their most popular article (at least on social media) in quite some time.

With that in mind, it seemed reasonable that they’d want to repeat that success with another “anti-Lunduke” story.

This time they were doing the responsible thing. They reached out to the subject of the hit-piece article with questions. I like encouraging Tech Journalists when they do actual journalism, so I answered each and every query with easy-to-quote responses.

But, it would appear that the answers they received were not conducive to creating the hit-piece they were hoping for — my guess is they realized their questions made them look like the villain in the story. The villain they, clearly, hoped to portray me as.

They opted to not publish the piece.

So I’m publishing their hit-piece for them.

Below is every question — and every answer (with no edits) — which I was asked, on September 19th, by a Tech Journalist by the name of Christine Hall, writing for FossForce.

Fair warning: This is very, very politically charged.

Enjoy.


September 19th

Hall:

The last time I mentioned you in an article, you castigated me for not reaching out to you beforehand. Well, I’m reaching out now. We’ll see what comes of this.

You do recognize that the vast majority of organizations using the term antifa as a descriptor are not in the least bit terrorist and pose no threat to society -- and indeed, the only threats they might pose to fascist groups are not physical or life-harming?

Lunduke:

Hello Christine! Nice to hear from you!

Many, if not most, of those proclaiming support for Antifa (within Open Source) have also made statements encouraging or supporting violence and discrimination.

Regardless of that fact -- which I have documented extensively in Lunduke Journal coverage -- when violent acts are committed (such as murder, riots, and lynchings) in the name of “Antifa”, to turn around and immediately declare yourself to be “Antifa” is a clear declaration of support of that violence.

Hall:

And why did you feel it necessary to call out Danielle Foré’s [the founder of the elementary OS Linux Distribution] trans status in such an ugly manner?

Lunduke:

There is a noteworthy overlap between “Trans activism” and support for political violence -- including in the recent murder of Charlie Kirk (the murderer’s boyfriend was “Trans”).

In the case of Daniel Fore, he, a leader of an Open Source project, regularly calls for discrimination (and violence) against people he disagrees with -- often in conjunction with his self-declaration as “Trans”.

Thus, his declaration of being “Trans” becomes a part of the overall story.

It is worth noting here that The Lunduke Journal has never -- and would never -- call for discrimination or violence against someone because of how they identify or who they may (or may not) vote for.

This is in stark contrast those, such as Mr. Fore, who consider themselves “Trans” or “Antifa” -- who actively advocate for both discrimination and violence.

Hall:

Mentioning a person’s trans status in ways that are pertinent to your argument necessates rudeness such as calling her a “dude who likes to wear dresses”?

Lunduke:

Dan Fore is, in fact, a dude who likes to wear dresses.

The only reason to view that as a negative is if you view dudes wearing dresses as a negative.

Hall:

I’ll quote you on that, which I’m pretty sure won’t bother you in the least.

Lunduke:

Absolutely! Quote anything I say here. In fact, I suggest quoting absolutely everything I’ve written to you here, today.

Hall:

You also understand, don’t you, that voicing disagreement with an assessment made by POTUS is not only legal but a healthy part of the national dialog.

Lunduke:

Absolutely! Did I say somewhere that it was illegal to disagree with a politician? It seems unlikely that I have ever said that.

Hall:

Also, how would you reply to this:

There have been very few murders linked to individuals associated with Antifa, some incidents of rioting attributed to Antifa supporters, and no credible evidence of lynchings conducted in the name of Antifa. Compared to far-right groups, violence attributed to Antifa is much less frequent and lethal, with only one suspected kill—Aaron Danielson in Portland, by an anti-fascist activist—officially confirmed in recent U.S. history.

Lunduke:

Murder is bad. I am opposed to all murder.

In the context of these discussions, bearing in mind the Kirk murder is important (as many statements were made in response to it). The murderer of Kirk appears to have been pro-Trans and pro-Antifa (based on all available information).

Hall:

Is there any evidence that the suspect was part of an antifa group? I haven’t seen any.

Lunduke:

I have seen some reporting to this effect (including statements from family and messages he wrote).

But, far more important to this story, is the response to the murder among Antifa supporters (including those within Open Source). A large portion of Antifa supporters have celebrated the murder as justified because it killed someone they considered to be a “fascist”.

Hall:

Also, no group should be held responsible for what some deranged person who identifies with the group has done.

Lunduke:

I agree that a broader group should not be held responsible for the actions of a small number of individuals.

However, and this is critically important, it is entirely appropriate to hold people responsible for their own statements and actions.

With that in mind: The overall messaging of Antifa (and Antifa supporters) tends heavily towards violence. Punching, killing, molotov cocktails, etc. are all common messaging used by Antifa (including by those I quote within the Open Source world -- many of whom have advocated violence against myself).

Advocating for violence, then celebrating when violence is committed, are not good things.

Yet we see a great deal of that among Open Source supporters of Antifa.

Read full Article
October 13, 2025
Sale ends in a few hours, Lifetime Subs set up.

Holy moly, you guys are amazing.

A few days ago I published a “50% off” sale for Lunduke Journal subscriptions… and all of you showed up. In a big way.

To everyone who grabbed a Lifetime Subscription over the last few days: All of you are set to full Lifetime access. You should have a confirmation email in your inbox. If not, email me and I’ll make sure you’re setup properly.

That “50% off” sale ends tonight at midnight. So you have a few hours to snag a discounted subscription, if you haven’t already.

A huge thank you to everyone who supports this work. Couldn’t do it without you.

-Lunduke

Read full Article
October 12, 2025
50% Off Lunduke Journal Extended Through Monday (Oct 13th)

Just a quick heads up:

The “50% off every kind of Subscription to The Lunduke Journal” sale has been extended through Monday (October 13th).

So. You know. Grab one at 50% off between now and end of the day on Monday.

To all of you amazing nerds who have picked up a Lifetime Subscription already this weekend: You are awesome. You’ll be receiving a confirmation email, with all of the Lifetime Subscription details, by tomorrow (if you haven’t already).

Oh, and remember how we hit 11 Million views last month? Yeah. We’re well on our way to blowing past those numbers in October.

Wild.

See you all on Monday!

-Lunduke

Read full Article
See More
Available on mobile and TV devices
google store google store app store app store
google store google store app tv store app tv store amazon store amazon store roku store roku store
Powered by Locals