Page:Hachette Book Group v. Internet Archive (2023).pdf/9

 IA's BookReader web browser platform, or they can download a "High Quality" encrypted PDF or ePub version of the ebook. ¶¶ 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. ¶ 346. This button links to BWB's website, where patrons can buy a used print copy of the book. ¶ 347. BWB pays IA whenever someone buys a book after using the "Purchase at Better World Books" link. IA's Website also includes a link to "Donate" to IA. ¶ 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