Page:Hachette Book Group v. Internet Archive (2023).pdf/22

 But IA distorts the way courts have treated utility-expanding transformative uses. IA does not expand the utility of the Works in Suit by “provid[ing] information about” them. , 910 F.3d at 661. Creating a full-text searchable database “in a manner that [does] not allow users to read the texts,” as in, is an example of such a utility-expanding transformative use. The same is true for copying protected work into a database to detect plagiarism,, 562 F.3d 630, 639 (4th Cir. 2009), and displaying tiny, low-resolution “thumbnail” art reproductions that link to the websites containing the originals,  , 508 F.3d 1146, 1165 (9th Cir. 2007); , 336 F.3d 811, 818-19 (9th Cir. 2003). Far from providing information about the Works in Suit, IA’s ebooks merely replace those authorized by the Publishers.

Nor does IA expand the utility of the Works in Suit in the other way recognized in this Circuit: by using technology to “improv[e] the efficiency of delivering content” to “one entitled to receive the content” in a way that does not “unreasonably encroach[] on the commercial entitlements of the rights holder.”, 910 F.3d at 661 (citing , 464 U.S. 417 (1984)); , 883 F.3d at 177. IA relies heavily on. Sony was accused of