Is the Internet Archive shutting down

what is going on with the internet archive is it going to be shut down on Twitter I saw a post that stated that IIA had lost its appeal in court and the comments were filled with angry messages about a guy named Chuck who is he answer or at least some background information when the pandemic started IA started something they called the National Emergency Library where lending restrictions were lifted for 1.4 million digitized books in its open Library a lot of people in the book industry from authors to publish ERS thought that this was really stretching the purpose of IIA and the status of it as a library began to be called into question some didn't quite call it piracy but did not call it piracy others like Chuck wendig who got mad and tweeted once and has became a bizarre human effigy of sorts of the anti- side of things despite him repeatedly saying it was the pandemic and I was saying weird all I did was tweet LOL we're more upfront about their feelings and pointed out that libraries have deals with publishing houses and authors IIA does not and has little to no moderation over whether or not Material actively under copyright is on the website or not then came hatet versus internet archive where a group of Publishers put forth a lawsuit without the input of the authors who were upset where they claimed the practice of controlled digital lending was illegal and also argued that even if it wasn't IIA was not doing it as ia's partner libraries didn't typically withdraw physical copies from shells IA argued that they were operating under fair use laws CDL the specific practice of buying a physical book scanning it and treating the scanned copy of the book like a physical copy that could only be lended out to one person at a time thanks you/ madas final judgment came with IIA being told that their scanning and lending of physical media did not constitute transformative fair use and was not valid under copyright law here's a section from The Source I just linked the Crux of ia's first Factor argument is that an organization has the right under fair use to make what ever copies of its print books are necessary to facilitate digital lending of that book coal rights but there is no such right which risks eviscerating the rights of authors and Publishers to profit from the creation and dissemination of derivatives of their protected Works ia's wholesale copying and unauthorized lending of digital copies of the Publishers print books does not transform the use of the books and IIA profits from exploiting the copyrighted material without paying the customary price the first fair use Factor strongly f favors the Publishers specifically coal rejected what is essentially the most important argument for fair use under the first factor which deals with the nature of the use such as non-commercial educational Etc that the internet archives program is transformative there is nothing transformative about ia's copying and unauthorized lending of The Works in suit the judge found IA does not reproduce The Works in suit to provide criticism commentary or information about them ia's ebooks do not add something new with a further purpose or different character altering the with new expression meaning or message IA simply scans The Works in suit to become ebooks and lends them to users of its website for free kelal also dispatched with what he called the internet archives first sale argument under the guise of fair use as part of his first factor analysis in September of last year IIA appealed to the second Circuit Court of Appeals as for the news today it seems the lower courts ruling has been held up there was one small victory although the second circuit sided with the lower Court's initial ruling it clarified that it did not view IIA as a commercial entity instead emphasizing that it was a nonprofit operation biased IIA made a completely unforced error by doing weird at the start of the pandemic and brought themselves under scrutiny for no good reason whatsoever when they already operate in a dubious gray area of legality I use IIA frequently there there's a tremendous amount of copyrighted material available on it and I'm not surprised that the bell's tolling for them now when they could have kept cruising along and not causing any issues if not for the NL IIA is not going anywhere some titles will be removed from the website and that is all IIA has a lot more on it than just ebooks this is absolutely not a complete summary and I'm sure has incorrect info in it but I tried my best