Chris Freeland, the Internet Archive’s Director of Library Services, vowed to continue fighting for the preservation of books. “We are disappointed in today’s opinion about the Internet Archive’s digital lending of books that are available electronically elsewhere,” he said in a statement posted at the Archive. “We are reviewing the court’s opinion and will continue to defend the rights of libraries to own, lend, and preserve books.”

The court, for what it’s worth, called out the publishing industry for screwing over libraries in the court record. “On the one hand, eBook licensing fees may impose a burden on libraries and reduce access to creative work,” it said. “On the other hand, authors have a right to be compensated in connection with the copying and distribution of their original creation.”