Page:Hachette Book Group v. Internet Archive (2023).pdf/24

 them available to patrons rather than purchasing ebook licenses from the Publishers. IA is also unlike the home viewers in, who engaged in the “noncommercial, nonprofit activity” of viewing at a more convenient time television programs that they had the right to view for free at the time they were originally broadcast. 464 U.S. at 449. The home viewers were not accused of making their television programs available to the general public. Although IA has the right to lend print books it lawfully acquired, it does not have the right to scan those books and lend the digital copies en masse. To hold otherwise would be to ignore the teaching of the Court of Appeals for the Second Circuit in that there would be a “strong” claim for copyright infringement if Google had distributed digitized copies of complete books. 804 F.3d at 225;, 239 F.3d 1004, 1019 (9th Cir. 2001) (finding  to be “inapposite” because its time shifting did not “involve distribution of the copyrighted material to the general public”).